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Getting out of a fine.

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by thecptn, Sep 4, 2006.

  1. About 4 weeks ago I accidently rear ended a car, which caused a minor ding on the bumper bar of the car, but caused a few k worth of damage to my bike and not to mention the damage to my self, how ever, to top it off, I was slaped up with a $300 fine for neg driving, which is beyond screwed, as the accident was punishment enough, plus the $400 excess on my insurance, the cop that issued the fine advised me to write a letter asking for the fine to be waivered, ive had a licence for 8 years, no fines whats so ever, not so much as a parking ticket, yet even after sending the letter, they return a notice saying, that I must hold a licence for 10 years without an offense! so basicaly I still have to pay the bastards, question is, how do I get out of this? I dont make much money per year, and im just making ends meet, so 300 is a big sum.


     
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  2. Go to court and explain it all very humbly to the magistrate - also tell him what the cop said.

    Chances are good you'll get away with a lesser fine. There is also a chance if you get a pr1ck of a magistrate that he'll increase it.
     
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  3. I've never understood that "theyv'e caused a collision, we'll slap them with a fine" mentality.
     
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  4. Happened to me when I crashed on the GOR. Because I didn't specifically deny crossing the white line, I was fined for it and 3 demerits. BaaaAAAAaaastards.
     
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  5. Yeah a mate of mine ran off the road once in a car - very little damage and no injuries but some "concerned local resident" called the police anyway. They showed up just as he was getting the car back on the road and admitted that they basically had to charge him with something simply to justify the call out.
     
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  6. Not sure about this, but when I binned the bike the police attended, took a very minimal statement and left it at that. That's after calling out 3 cfa trucks, 2 police and the ambos. And the car that crashed behind me. True, the weather was awful, the road was slippery as hell (mmmm, diesel), but if police have to book you with something, I would have been a perfect candidate.

    Just out of curiosity, isn't it the job of the law enforcements agencies to prove a case (other than speeding where the onus is reversed).
     
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  7. Hmmm, thanks for the advice, im worried if i take it to court, the maj could be an arse and just jack it up, which I dont need, the cop that gave the fine was very sypathetic towards what had happened, and he could see that the accident was realy accidental and that I could not avoid it, in which he tried to explain to his commander in charge to waiver it off, seemed like his commander was an arse. :mad: perhaps I should write another letter to the dpt of debt fully explaining my situation?
     
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  8. that's harsh dude... i stacked my bike doin something stupid in traffic, everyone just stared at me and the dude i hit just wouldn't shut up and kept asking if i was ok. but yeah if you weren't tailgating, and you just hit the back of him for whatever reason, i would take it to court, i've had heaps of car accidents and never been charged. you risk court costs yes, but you can apply to pay it monthly if all goes wrong, but as long as you don't get overly argumentative and just want to put your case forward it should be ok. see if the bloke you hit doesn't request you be charged, the policeman should be the only witness and he may or may not be a prick in terms of, "no i didn't think he should be fined"; "so you lied in your report"; "no i'm a good officer, i retract my statement, he did it"... but if you didn't do anything wrong and it was an ACCIDENT, i'd risk it
     
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  9. fyi, I was not tailgating, but had hit a stationary car that was already involved in a colision, I was coming up an apex which had a curve too, did I mention I changed lanes at the last moment after a head check only to look forward to see the crashed car which I had no idea was there due to the apex and curve, barreling towards me at a decent speed, yes boo hoo indeed.
     
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  10. Was his commander at the scene? If not then I reckon that story from him is a load of BS, if he wanted you to have got off he never would have given you the ticket.
     
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  11. Sorry to hear about your grief thecptn,
    sometimes it is unavoidable, some losers left debris(5 kg concrete kerb) on the road after an accident once, I went round a bend and bang lost a tyre, lucky I was in a car,. I was too stunned to get the inconsiderate drivers details or the tow truck details( he should have cleaned up unless they needed extra work) and report to police (failure to clean up after accident something like that)
    Now to the point, could the accident vehicles be liable for being left where they were? could they have been in a safer place? duty of care?

    People need to consider the impact of their road use and be held liable when they fail to show due care
    a) people pulling up on mainroads for the police instead of a side street
    b) accident/breakdown vehicles left on road when they could roll out the way more concerned about insurance claims than the safety of other road users
    c) my favourite, debris on roads

    get em thecptn I hope this helps, if your version relates to my story you might be able to get it on...
     
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  12. State run justice is not really good at these things, different scenarios need different treatment, someone may cause massive grief and all they get is a fineand a new car through insurance is one side the other is like you say already having a bad day learned the hard way and coppin it.

    Come on Vic how many times have you almost been hit and thought I wish that person was not allowed on the road.... or were you only giving thecptn support and keepin the rest back?
     
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  13. I go with the others.....

    best bet is to front up at the magistrates and say "look.... I've done in my bike, I've paid x in insurance, lost my no claims bonus, my insruance will go up. I've injured x y & z, i feel like a total idiot. I've had a licence for 8 years, no fines blah blah. accident was an accident. I accept responsibility but really feel that the fine on top of everything else I've been through is punishment enough" blah blah blah.

    if you explain everything running up to the accident, plus that you accept responsibility and it's just the fine which is costing you more than you can afford and will put a strain on household costs (do you have kids/sick or old relatives you have to care for!?!?! they always help !! lol)

    I would hope that the magistrate would understand.

    If you want proper advice then go here...

    South West Sydney Legal Centre
    Tel: 02 9601 7777
    Email: info@swslc.org.au

    They provide free legal advice and assistance to people who live in the Liverpool, Bankstown or Fairfield local government areas. (which I believe from your profile is you!?!)

    good luck
     
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  14. I wouldn’t be headcheching or changing lanes once committed to a bend, id be looking where i want to go only. But me not being there only you can know for sure what cost you the delay in avoiding this bingle, but it sounds like
    this was a contributing factor to shunting the stationary cage, bad luck hope you learn from it,
    I hate to think that I would ever agree with the YamahaDragon on this but hey she wasn’t there either so she cant say anything with certainty either.
    As far as your charge goes careless driving is a pretty standard charge for those who shunt others on the roads, it doesn’t sound over the top, however if you take it to court, plead inexperience, tell the judge as you approached the accident scene you panicked hardcore and you have no idea why you where unable to stop in time.
    It could have been that you pulled your clutch in instead of your brake or some shit like that, but you don’t know exactly why.
    Tell him your breathing stopped, your stomach cramped up, you thought you were going to die then and there, your brain couldn’t function properly and that all your limbs froze, he may show you some mercy, unless you have a driving record that isn’t great.
     
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  15. cheers mate, ill send em a buzz soon.
     
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  16. A bit of a question, can you lose points for neg driving? the fine didnt mention of any thing of that sort, just a big fat, 300 buckeroos.
     
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  17. Careless driving is 3 points in Victoria
     
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  18. you surely do lose points for neg driving...
    NEGLIGENT DRIVING
    Negligent driving $308 demerit points - 3
    straight from
    http://tinyurl.com/jpf7p
    (Edited by MOD: please use tinyurl to make those incredibly large url's more manageable: www.tinyurl.com)
     
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  19. just show them your tits! :grin: isn't that meant to work?
    ...or is that just cops?
     
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