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demerit point advice needed

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by jeffatav, Jan 15, 2008.

  1. I realise that this happened in a car etc, but a liscence is a liscence after all and my son needs some opinions.

    My son is 2.5 months away from being eligible for an unrestricted car liscence (he does hold an unrestricted bike liscence)



    He got booked on the way home from work the other day and the tickets just came through yesterday.

    He slowed and "did not come to a complete stop" at a stop sign (no defence, but there was no one in sight except for an un marked cop in the far distance) which equals $235 and 3 demerit points AND not displaying P plates $85 and 2 demerit points.

    He is allowed 6 points before suspensions apply, but he is wondering if by appealing/delaying payments etc etc if there is any way of delaying the inevitable.

    One suggestion was to get someone to write a stat dec. saying they removed the P plates the night before.
    He leaves for work in the dark and can always plead that he was on the way to the RTA on the way home from work to get replacement plates.(which he did, but has no proof)

    As far as the stopping goes, I cannot think of a defense other than "the police were just being pr@#cks"

    Any suggestions would be appreciated.

    Paging Tweet :LOL:

    Jeff
     
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  2. Jesus that's harsh! 5 points for that petty sh!t, that's crazy. Can you appeal traffic infringements anyone?
     
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  3. Yeah, he's pretty devastated as he is a responsible driver and drives a dual cab pick up...........he is definately no hoon.
     
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  4. In Vic you can appeal an infringement where the ticket is "doubtful" or where the evidence is in doubt. If they (the issuers) don't amend / withdraw the next option is court.
    On the facts given I would ask one question. How far away was the cop? If it was more than say 200m did he / could he see that your son did not "stop"? Remember stop means come to a stop, it doesnt mean sit there for 10 mins.
    Maybe he did but just for a split second?

    Disclaimer: I'm not encouraging any lies, just asking a question...
     
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  5. So that's only 5 points. If he doesn't have any other points, nothing to worry about.

    If he is going to lose his license, then yeah, you can just not pay and the points won't go through, but that only lasts for a month or a bit longer. He needs to leave it as long as possible, then elect for a court hearing, then reschedule it, and basically just drag it out. You can normally waste months and months by transferring blame back and forth once a month, but as he was pulled over I doubt that would work.

    I'm fairly confident all he needs to do is delay the points being applied for 2.5 months, and he won't lose his license. I did it on a NSW license, but that was a fair while ago now.
     
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  6. P2 drivers can accrue 7 points before suspension.

    With only 2 months to go before the unres license, just delay payment until then, with the 21 days to pay on the TIN (usually 5-6 weeks until reminder comes) The reminder will give you another 21 days, so at least 6 weeks up your sleeve, you will have no problems :wink:
     
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  7. +1

    I know someone who is doing exactly this.
     
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  8. Got booked for same thing in VIC only $182, but also 3 points.
    The points come into effect when you pay the fine (admit guilt)
    The points are back dated to the time of offence, so if he would have been out of points on that day he will get suspended licence for 3 months one month after paying the fine.
    In NSW Unlike Victoria, you can apply for a limited licence of 2 points which you can drive to work and back etc
    Need to pay fine first then go to local court and apply for limited licence.
    Not sure if you can get this on a P
     
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  9. Errrr.. No? As far as I know, it doesn't work retrospectively like that.

    And yes you need to be on full license to get a probationary license.
     
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  10. You have no idea what you are talking about...
     
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  11. Dont take my word for it tweet, from www.trafficlaw.com.au/demerit.points.html

    When are demerit points recorded?

    Demerit points are recorded for certain offences when any of the following events happen:

    the driver pays the amount shown on the infringement notice, or
    the Court makes an enforcement order in default of payment of the fine, or
    a court records that the driver is guilty of a relevant offence.
    The demerit points are recorded as of the date of the offence. They are back-dated onto your record.
     
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  12. If you have points to suspend you on Ps, but then get fulls and pay the fine, you do not have your license suspended. Yes the infringement will show up for that date, but the penalty is based on the current status of your license.

    Trust me, I know :wink:
     
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  13. Although I will say that website (see the speeding FAQs) is hilarious! :rofl:

     
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  15. I see nothing there relevant to what I was saying?
     
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  16. Exactly

    Cant seem to find anything to back up your advise, will keep trying. :roll:

    nah wont be a p****, Ive given my 2c to try and help

    Ill go now, bye :(
     
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  17. You gave your 2c by posting a website based on Victorian laws to a guy who lives in Nsw... waste of 2c.
     
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  18. The real question is whether you have actually had your license suspended from a back dated fine. I didn't, Phizog didn't.

    I've also (shhhh) been through a speed camera while my license was suspended for unpaid fines. I paid the old fines, made sure my license was good to go, then paid the new one. All sweet.

    I don't think their administrative skills with the back dating is as good as you think, even if they do claim so.

    All that was while I was based in NSW.
     
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  19. Your probably right, they dont know what they're doing half the time, giving out licences to people who cant seem to drive
     
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