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NSW Ask for an infringement review?

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

  1. HI Guys/Girls - OK so I'm certainly not new to bikes, I've currently got 3 - much to my wife's horror.

    Anyway the three I have are:
    1. 1998 GSXR-750 - first of the injected GSXR's nice handling bike, but now a bit uncomfortable
    2. Triumph T595 - More comfortable, not as good handling as the GSXR - but a good fun bike
    3. BMW S1000RR - 2016, with all the options including forged wheels. - this is the one that got me into trouble!

    OK - so no excuses - I stuffed up brought the BMW about 1 week ago, still breaking in the engine, anyway I was an idiot, cop was hiding in the bushes with a radar gun got me in an 80 doing 33 or so over - it was an 80, zone changes from 100 to 80, I was to busy playing with the bike - not paying attention so 100% I stuffed up.

    so - Now I have a ticket for over 30 - $855 fine, and 5 demerit points - now I can take the fine and the points but I just found out after doing some research that is is auto 3 month suspension, regardless of how many points I have :(

    No point fighting the fine - it's a fair cop, so I'll pay the fine but is it worth trying to see if I can reduce the 3 month suspension. I've got a clean license only had 2 tickets in 10 years, yep I should have known better.

    Also do they physically take your license off u?? (ie - we use it for normal ID purposes) or is it simply suspended in the RMS system.

    And if it is worth begging for forgiveness to try and reduce the suspension (I do need it for work, and also wife travels a lot so I look after the kids when shes oversea's or in Vic).

    Anyway - keep safe, and shiny side up - worst case the taxi industry is going to make a fortune off me.
  2. That really sucks!

    From experience when I was 17, they send you a polite letter in the mail :). However there are lawyers who specialise in this stuff so maybe give them a call?
  3. #3 Smegin, Mar 28, 2016
    Last edited by a moderator: Mar 28, 2016
    Reckon you are screwed, my mate had a similar infringement overtaking a car. He hired a solicitor and went to court. Didn't make any difference he lost his licence. I think it is only 1 month not 3. So it cost him solicitor fees on top of the fine.

    With the current road toll I doubt whether the magistrate or police would be sympathetic

    The solicitor did manage to delay the court hearing, the dates for his loss of licence fortunately corresponded to an overseas holiday he had planned.
  4. Yep - kicking myself!! - you would think a 48Yo would know better - stupid me!!!

    I'm sure it's 3 months not 1 month - hell worst case I'll get fit riding me bike to work (kinda forces me to buy one) so on a fitness score not to bad as long as the car drivers don't run me over of course.

    It's the kids that are the problem - they both do sport - running the to games etc is going to be the main problem, I travel quite a bit for work which is fine - work will need to cover a taxi rather than a rental car, but it's the kids and sport which is going to be a problem, training after school and weekends - with the wife and my travel (last week both of us were in NZ on different dates) so this is kinda normal.
  5. #5 Olfart, Mar 28, 2016
    Last edited by a moderator: Mar 28, 2016
    What State do live in? In NSW it's double demerits fo the Easter long weekend.
  6. Big oooooooopsie
  7. Good point olfart
    Here in The Garden State no double demerits and a 1 month suspension for 25 over and less than 35 over.

    Minimum suspension periods for excessive speed


    Excessive speed (amount over the speed limit)

    1 month

    25 km/hour or more but less than 35 km/hour

    6 months

    35 km/hour or more but less than 45 km/hour

    12 months

    45 km/hour or more

    1 month

    Any speed of 130 km/hour or more not covered above

    You must not drive at all when your licence is suspended. There are no exceptions. For example, you cannot drive to work or to pick up your children. There are no special licences that allow you to drive some of the time. There are very serious penalties for driving while suspended.
  8. Yep was not in double demerits - was last weekend - picked up the bike on Thursday 17th, took Friday off and went for a decent ride to break in the bike - but it rained most of the time sooo - I focused on staying upright. The went for a small ride on Saturday 19th through the Naso - didn't speed through there, but after tree tops decided to come back on the princess, the road goes from 100 to and 80 and I was playing with the controls - not really paying attention - no traffic around anywhere near me, testing the acceleration as you do on a new bike - speed zone dropped from 100 to 80. It's a fair cop - I stuffed up - annoyed at myself really.
  9. Wow Grungysquash,
    that is pretty steep in the fine amount and for the points... geez, I was feeling sorry for myself when I got done in QLD for 100 kph in a 60 kph in 100 meter stretch of road work zone (it was a public holiday no actual roadworks, no people around, i.e., no workers and no machinery...) That bought me a $500 ticket to the Policeman's' ball but nil points from my NSW license.

    You have a great stable of lovely machines to polish, accessorise, and prepare for your next ride in a few months... :)
  10. Well - hopefully I get to take the new bike out again before the suspension comes through the post.

    Wife still not happy - on a positive note, I don't have to get out of bed early for soccer - if mums home I guess she's getting up early for the game - I just get to work on the bikes!
  11. on a happier note, how's the beemer? are you loving it? if I was a bit younger, had more cash and could ride better I'd probably get one of those too, oh well... in the meantime I'll stay on the lookout for a nice K1200/1300S, I'll get one.
  12. Easily done, them coppers are sure hungry these days, the more the economy shrinks the more the government is dependant on extra funds to keep the ball rolling. Sure hope it does not get to the point where there is only unmarked cars driving around with speed cameras/videos in them just sending out offences/fines by mail.
  13. The beemer is simply brilliant - to fast for it's own good, but very similar to the GSXR - so plenty of smoothness down low, just a heck of a lot more up top. Comfort is brilliant, did 560kms on Friday with Denman loop through National park, then the putty. As for bikes I started in 1987 - BR250, GPX250, CBR600, GSXR750, GSXR1100, GSXR750 (missed the handling when I had the 1100) T595 - and now BMW - most bikes overlapped I'd buy 1 and have a spare until it was not needed. Last new bike was the 1991 GSXR750 - last of the oil burners. Ex kiwi so have traveled extensively throughout both Ausi and NZ on bikes, love touring just brilliant fun

    I've added in rearsets, tail tidy, covers, & sliders which I think look good on the bike. Did the Wollmbi loop on Sunday, Putty had a few cops on it but I knew it would be very policed so used cruse control, which is surprisingly good - also played with the heated grips, next step trackday - I've taken the GSXR a few times but I think I need to have the Beemer on the track just to really get a handle on the way to drops into corners.

    Mate - your not that much older than me (looking at 64 as your birth-date - I'm a 68 so 4 years younger) - I put the whole bike on tick - my car is paid off so simply added the bike once the car was paid off - I'm running this only over two years, so it's fully paid off no lump sum.

    I'll talk to a solicitor and see what they say - If I can get 3 months down to 1 month then this would still be a benefit, just need to know the cost - I have a couple of work trips overseas so may be able to link this onto those dates to limit the impact.
  14. great response grungy, will probably do the same on a K13. yes the last of the baby-boomers lol.

    might see you at the flag raising at Grey Gums on the 17th weather permitting so can check out the RR. best of luck with the solicitor!
  15. I've booked an appointment with solicitor tomorrow - Armstrong legal - see what they say - based on the information I have legal cost is $1,300 - If I pay fine on the 11th April, expect RMS letter on the 18th April - then 21 days to post submission. If I go ahead - otherwise, suspension on the 15th May - running to the 21st August - approx.
    • Informative Informative x 1
  16. Please keep us posted Grungy, and good luck with it. Considering your history, and the situation I'm hoping that the courts will show some leniency. (Hopefully they still have some spare after all the leniency they seem to continue to show to some real criminals)...
  17. Dunno if this applies to you but I took the option 4-5 years ago. Apply for a good behaviour period
    Backfired spectacularly when 2 weeks later I got done turning right on a no right hand turn sign. Thing is I have turned right at that same intersection for years but 3 weeks prior to getting done they changed it and put the signs up. How convenient that a hwy patrol car was sitting there ready to pounce on unsuspecting motorists that had also been turning right there for years. fcukers made a fortune for that month.
  18. So saw the solicitor this morning - thinks I have a reasonable chance to have the suspension reduced. Recommended I did a driving offenders course - shows good faith before the hearing. So costs are confirmed.. $1300 - legal fees - another $220 if I don't have prepared documents - and $250 for the course. Deposit of $600 required and balance 14 days before the hearing.

    So the question becomes is $1550 worth the gamble - or is it cheaper to use Uber - and a push bike for 90 days???
  19. You would have been better off filling out the back of the TIN, elect for mention date, walk into court and fall on your sword by yourself in front of the magistrate. In any case you stand a good chance of a S10 dismissal and reduction time off the road and that would not have cost you a kidney from a solicitor.
    • Agree Agree x 2
    • Informative Informative x 1
  20. Well I haven't actually agreed to pay for a solicitor at this stage - it's an option. I have also considered your approach but information I've received indicates they simply tell you to go away and enjoy the push bike.

    A laywer on the other hand tells the magistrate your serious in your intention to be a good boy - hell there may even be kickbacks for all I know but I've been advised that if you intend to represent yourself - good luck!!!

    I may just bite the bullet save the money and wear 3 months - after all its winter so not so much fun on two wheels and 1.5k does pay for a few uber trips.