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Incorrect infringment issued, NSW

Discussion in 'Politics, Laws, Government & Insurance' started by Icefire, Jan 9, 2008.

  1. Hi, I was recently issued an infringement notice for violating my license conditions, however it was incorrectly given to me.

    All red p platers are required to abide by the 11pm curfue (this is me). This is a 3 demerit point infraction.

    Red and Green P platers that have lost their license previously may be told they also have the same passenger restrictions. This becomes a condition of their license. This is a 7 demerit point infraction.

    There is two different penalty numbers, 2 different demerit point losses and 2 different fines as they are treated as two seperate offences. The police officer wrote me up the one pertaining to people on good behaviour licenses or recently suspended licenses however I am not in this category. I understand the SDRO dont have the authority to re-issue me with the correct fine, basically a letter explaining that I am not affected by the above condition should leave me with a high chance of getting the fine cancelled however they still may request I take it to court, whereby a judge can still fine me for this.

    Information sourced here: http://www.rta.nsw.gov.au/cgi-bin/i...ovisional+&SubmitButton.x=55&SubmitButton.y=2
  2. As I have whinged about in a previous (yet still current) thread be very careful with how you proceed. I was in a similar state, accused of commiting an offence when there was a malfunction with the lights and system. Although immediately notifying the relevant parties of the problem. I was ignored. Court ensued. I lost to a degree.

    To me if what you are saying is cut and dry, its an easy decision, however I would recommend you get legal representation. From my experience it would be a mistake to think that a magistrate will understand. My naivety led me to believe simple truth would prevail, this isn't always the case. Get a solicitor and ask for costs if won. I don't mean to be negative, I have heard of people writing a simple letter and receiving a decent response, but if they want to go to court then you need to meet them on equal terms. That usually equals more dollars than the offence. :(
  3. My understanding is I might be able to get off on a technicality due to me recieving a fine that I dont meet the criteria for. However I'm not very certain
  4. There is no reason that once aware of the error, you cannot be issued with a CAN to replace the TIN and have it dealt with by a court. On the other hand in the event you don't bring it to their attention, and elect to proceed to court with the idea that pleading not guilty to the offence as you are not a prescribed person under this part of the act, I would think the Seargent will quickly point out it was simply a case of the officer writing the wrong offence code on the TIN, and the fact that you actually committed the offence remains, the penalty is all that needs adjusting.

    Just because the incorrect offence code was written on the TIN (and this would only apply in this case because the 2 seperate offence codes are in fact for the same offence, simply the penalty differs you are not given a get out of jail free card, fact remains you breached the conditions of your license and will be fined accordingly unless you can prove no offence.
  5. Doesn't mean the Police can't. :wink:
    Read Tweets post carefully before you embark on a potentially costly crusade.
  6. +1 A technicality such as the wrong number is not a reason to get off. You still committed the core offence.
    If you had been (for example) issued an offence relating to "L" platers and you were a "P" plater, the story could be different, as you could not technically be guilty.

    Even if you did win, you would not get all costs. I'd pay.
  7. No point trying to get off all together, thats just pushing your luck.

    If I were you I'd take the ticket to the station where the issuing officer works, explain what has happened, and let them know you are more than happy to cop the demerit points and fine for the correct offense.

    But don't just accept the fine you have been given cos 7 points is a hell of a lot to let go in one shot.

    With any luck if you discuss it with them politely they may be more than happy to correct the situation. But if you are trying to get out of it all together you will probably just get burnt.