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VIC 42kmh over limit - any point in going to court?

Discussion in 'Politics, Laws, Government & Insurance' started by markcpotter, Jan 9, 2013.

  1. Hi guys,

    I was hoping for some advice:

    I got caught on my bike just before Christmas doing 102 in a 60 so was issued with a $600 fine, 6 points and worst of all a 6 month ban.

    I've got until the 16th of Jan to decide what to do which is either

    a) just take the ban starting on the 17th

    or b) As I will probably lose my job I could go to court to try to get some mitigation based upon that I will lose my job, a previously clean driving license and stating that the excessive speed was as result of a car that hadn't seen me and was pulling into my lane and with another car on the other side I just reacted to the situation and accelerated out of the problem - there are notes on the legal aid site to say that the magistrate must give a mandatory 6 month ban for this sort of speed but it says thay can make allowances for situations where the speed was as a result of getting out of danger.

    Does anybody know of a situation like this or am I just wasting my time in going to court.

    • Like Like x 1
  2. Sorry forgot to mention I am in Vic.
  3. A looong time ago there was a thread on NR about a rider who had a speeding conviction reversed because he proved to the court that what he did was necessary to avoid an accident.
    BUT (and it's a big but), he had a witness to back him up. Do you have any evidence?
  4. As good as some of the people here are (at least in their own minds) if it were me I'd get some legal advice from a solicitor who specialises in traffic matters before making a final decision.
    • Like Like x 1
  5. Dont quote me on this maybe ask justus as he is in your state and understand the laws. It may be possible to plead to keep your license for travel to and from work only. This will work if you have a previously fairly clean record. Other than that maybe next time tale it to a track where doing 42km/h over the limit is looked upon nicely
  6. +1

    Necessity can be a defence to speeding but you will probably need help to convince a magistrate.
  7. #8 robsalvv, Jan 9, 2013
    Last edited: Jan 9, 2013
    If you object and can get the police prosecutor to drop the charges on the basis of necessity (next to zero chance), then you may escape, otherwise, NO CHANCE. If you're arguiing necessity infront of the magistrate and convince them, then you will be found guilty of speeding (strict liability) but he/she may waive the fine. The penalty points apply irrespective.

    In Victoria, mandatory license loss = mandatory license loss. You can no longer apply for a bonded license. Disregard this advice.

    Mark, was this an intercept or speed camera offence? If an intercept and you answered the typical roadside question "...any reason for exceeding the speed limit?" and gave a reason, then your goose is cooked. You just admitted guilt.

    Welcome to the road safety system.
  8. What's the limit over in Vic before loss is instant and the bike is impounded, 45? You would have been so close.
    I'd try and get some sort of concession for travel to and from work. No clue if you should admit you were in the wrong with influencing circumstances or what.
    As others have said, get legal advice. I reckon you were so close to it being much worse.
  9. Diregard this advice.
  10. Think he has an automatic loss
  11. Okay no need to be an asshat towards my advice. Hence the reason why i said ask justus at the start of my post or did you just disregard that part
  12. Don't think he was being an asshat, just giving the correct advice that you asked for. But do you only listen to Justice :) ?

    Anyway Rob is right there is no more work licences given out.

    The Necessity defence has been run many times and I have yet to hear of it working. It was explained to many many moons ago that about the only time you cold use it is, if you had a gun pointed to your head by someone.

    To answer another post the Impound speed in Vic is 45km/h or more.
    • Like Like x 2
  13. Hi, no the driver of the car that moved into my lane didn't stop (can't imagine many do!) So I don't have any witnesses to the incident.
  14. Loss of licence in Victoria is only 20km/h over I thought.
  15. Hi, this was an intercept - I was asked what the speed limit was on the road and I thought it was 80 (it changes to 60 just after where I was measured (which is why they must sit there!).

    I did say that I was avoiding a car though when asked about my speed.
  16. I've got to ask 2 questions. What sort of bike do you ride and how long did you maintain the high speed for?
  17. This would be my advice too. Post your question there. Good luck.
    • Like Like x 2
  18. Hi - I've got an '05 CBR 600 RR and probably 3 seconds or so - why do you ask?
  19. 25 (except for 110 zone) according to http://online.fines.vic.gov.au/fines/Content.aspx?page=12

    Loss for 130 in a 110 zone is a bit steep.