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VIC Ask for an infringement review?

Discussion in 'Politics, Laws, Government & Insurance' started by jprokz, Mar 28, 2016.

  1. So I got done speeding over the weekend. I was doing about 108 in what I thought was a 100 zone, but it turned out to be a 90 zone.

    The officer reckons he got me at 110 in a 90 zone, but he said that since I had a clean driving record he's only booked me with a detected speed of 101 and alleged speed of 99. So the ticket is for 1 point and $190.

    My question is: considering some discretion has already been shown, is it worth asking for a warning? Obviously I want to keep my clean record, but I think I'd be taking the piss given the circumstances, as he could have booked me for the full 18 over.

    Does anyone know if they get in touch with the officer who issued the infringement, or do they just look at the details on the notice? Do they take the alleged speed or detected speed when considering a review, which I think has to be under 10km/h?

    Also, what are the chances that requesting a review results in the infringement notice being upgraded to the full amount?

    What would you guys do (other than not get caught!)?

  2. Wait until you receive the Infringement notice, that states the offence, if that is below 10klm/hr over the speed limit then definitely write a letter asking for a review (search the Internet for a template)
    Note you will only get a warning if you have no infringements or warnings in the last 2 years.
    I recently got an infringement for less then 10 Kim/hr with a clean licence, after writing in for a review received a warning ( which lasts for 3 years from memory).
    • Agree Agree x 1
  3. Just cop the one point it's not the end of the world
  4. The lesson I would learn from this is to try to always make sure i know the speed limit. I've often thought that I could use the ignorance excuse, but the reality is that when we get our license we take on the responsibility to observe and obey the road rules. It sounds like you got a reasonable deal from the officer, why ask for more? I understand your thinking though as I recently attracted a speed camera fine for 67 in 60 zone, first fine for 46 years so my record was shattered.
  5. From the police.vic.gov.au website, it's there for people to use

    Alleged Speeds of less than 10 Km/h

    Correctly verified infringements issued for alleged speeds of less than 10 km/h in excess of the posted limit may be eligible for an official warning if:
    (a) No speeding infringements, safety related infringements or official warnings have been issued to the driver in the previous two (2) years; and
    (b) The criteria for Good Driving Record are satisfied

    Exceptional - Nature of circumstances surrounding the offence, other than Special Circumstances, such that when considered, demonstrates grounds for leniency.

    Extenuating - Nature of circumstances surrounding the offence, such that when considered, leniency would not normally be an option under the defence of exceptional circumstances, but demonstrates grounds for further consideration and possible leniency. This includes medical emergency or circumstances not specifically covered in policy by Official Warning Criteria.

    Good Driving Record - A driving record that has not had any demerit points added within the past two years, and which does not meet the definition of Poor Driving Record.

    Poor Driving Record - determined as:
    (a) 6 or more demerit points in the past twelve months; or
    (b) 5 or more infringements in the past three years.

    Considerations During Review Process
    Consideration should be given where relevant to any or all of the following:-

    (a) Offence complete and established in accordance with the standard points of proof;
    (b) Admission of offence;
    (c) Good driving record as defined;
    (d) Poor driving record as defined;
    (e) Type of road - dual / divided;
    (f) Location (residential / industrial / school / intersection);
    (g) Time of day;
    (h) Traffic density at time of detection;
    (i) Speed zone (e.g. 40 km/h school zone);
    (j) Weather conditions;
    (k) Safety related offence as defined; and
    (l) Previous convictions in the past ten (10) years
    • Informative Informative x 1
  6. #7 Gooza, Mar 28, 2016
    Last edited: Mar 28, 2016
    Mate, If your only done for 9 over, and have a clean slate for a few years, write a sob story letter, and you should get off. Been there, done that 3 times now.

    Edit: Just read Smee's post. My/Mrs's 3 where all speed cameras.

    Mind you, it's only the cost of a stamp to try :]
    • Agree Agree x 1
  7. Cig you take the demerit point then it will aotumatically exclude you from asking for a review for another 2 years, you have nothing to lose, they can't reissue the infringement notice just because you ask for a review
  8. What Gooza said.
    Never know when you might need a point.
  9. There is no reference to speed cameras, it says speeding infringement.
    • Agree Agree x 1
  10. Provide a link to back up that statement please?
  11. yeah, pretty sure the only speed camera specific warning is if you get multiple TINs in as short space of time.
  12. I was pulled over by an unmarked wagon recently & the nice officer wrote me a TIN for a few km/h over the limit & handed it to me on the spot.

    I wrote a letter & about 3 weeks later, got a warning letter in the mail.
    TIN withdrawn.

    So not just cameras.
    • Agree Agree x 1
    • Informative Informative x 1
  13. Are you deliberately blind or obtuse, I PROVIDED THE LINKS
  14. No you didnt.

    And for proof, read the post by V8Patrol directly above yours.
  15. Um for further proof READ and INTERPRET the 3 links I supplied. It's all there. Unless you can't see the links for some reason.
  16. #17 jmc, Mar 29, 2016
    Last edited: Mar 29, 2016
    Yeah ok mate WHATEVOR. Anyway, the OP is eligible to receive a warning based on the information they provided. Clean record & <10kmh over.