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NSW people - Speeding infringement advice...

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by jdm, Jan 27, 2006.

  1. My missus got pinged this arvo on the way home from Albury after attending a funeral. It was in a construction zone - 60km/hr. She was behind a truck - the cop car going the other way.

    She got pulled over - the cop says she was doing 98 - she and her entire family insists she was doing 80 (yes that is still over the temporary limit - acknowledged). She (and her family) has no reason to lie to me - after all usually I am the one getting the fines!


    It was after 6pm and there was no work being done (yes - the speed still applies but the danger to others is lessened).

    The truck was going faster.

    She has never had a speeding fine in 20 years of driving.

    I have no idea why the cops RADAR would read 98 - unless it actually got the truck ahead of her.

    So it's a double de-merit period - so that is 8 points. I believe there is also a 3 month suspension with >30km/hr over in NSW - but the cop never mentioned that - he just said "it's 8 points". She has an ACT licence - don't know if that makes a difference.

    But worse than that - she has a motorcycle provisional licence.

    So recently when I got pinged the cop said I could write away and have it withdrawn; "everyone is entitled to one every 10 years" (I didn't do that as the cop was so lenient on me anyway). How do you do apply to the RTA or Police to have it withdrawn?

    Any ideas on course of action - I can afford lawyers if required ;-)


  2. Ignore it...
  3. Riiight....great way to end up in court that....


  4. If you have been served with a Traffic Infringement Notice or a
    Reminder Notice, you may within 28 days after the Date of Service,
    lodge an application for withdrawal of the infringement notice. N.B. ACT
    Road Transport legislation only allows the person who has been served
    with an infringement to apply for withdrawal of the notice.

    The notice must be in writing, stating that you request a withdrawal of the
    traffic infringement notice and set out your reasons and include the
    following details:

    traffic infringement number/s;
    date of service of infringement notice/s ;
    your name, current address, drivers license number and state; and
    a work and/or home contact phone number.
    The request should be sent to the following address:

    Chief Police Officer
    GPO Box 2208
    Canberra ACT 2601.

    Notices may also be faxed to the Chief Police Officer on (02) 6245 7419
    or via email to act-traffic-infringement@afp.gov.au.
  5. The problem with requesting a caution is that you are basically pleading guilty to the offence and throwing yourself at the mercy of a Sergeant or above at the infringement processing bureau. In the letter (attached to the infringement notice) your wife would say she was very sorry for committing the offence, she realises the gravity of speeding in a work-zone blah blah blah, I'll never do it again, my last infringement was ***years ago/never; then hope for a favourable outcome.

    The only way she can dispute the speed is by taking it to court.
  6. Thanks Kishy and JCL.....

    Yeah Kishy I read that on the ACT DPA website - the only thing is that I think that applies to infringments issued in the ACT....How do you do it for NSW infringments?

    Yeah JCL - I'm pretty good at writing (no don't take forum diatribe as any indication!) it will say all the right things....

    Anyway - we will get some legal advice - but just wanted an experienced view from this collective!....

  7. Booked during double demerits... that's gotta hurt. As far as I know having an interstate licence doesn't stop you from getting hit with the double points - the RTA will notify the ACT authority of the fine and the points penalty and they'll be deducted from your wife's licence. You'll probably need to check with your local authority about suspensions and whether she'll lose her motorbike licence.

    Since your wife was booked by NSW police, the fine will be processed by and payable to the NSW Infringement Processing Bureau so your wife will need to apply to them for the fine to be converted to a warning. Her chances may not be so good though given the recorded speed and the fact that it was a double demerit period.

    From the bureau's FAQ:
    You may need to pay the fine at the same time as you apply for a warning, if they don't process the application before the fine is due to be paid then you may incur extra penalties.
  8. How long ago was her last infringement...how many in the last 10 years?
  9. bro, shouldnt be any different for you.

    dbl chk by looking up the police site in your state to get correct
    addr etc. sorry i thought u were from canberra
  10. 2.3.2 Making representations to the IPB about extenuating circumstances
    If there were extenuating circumstances relating to the offence, you can write a letter to the IPB accompanied by any supporting documents asking to have the Penalty Notice withdrawn. However, such representations are rarely successful.

    Examples of situations in which the IPB might consider representations include:

    Medical emergency such as taking someone who needs urgent medical attention to a hospital;

    Mechanical breakdown where a car is parked in a no parking zone;

    Good driving record for the previous 10 years.

    The IPB will not consider representations for serious offences such as excessive speeding (speeding over 30km/h above the limit). In considering your representations the IPB will generally look at your previous driving record.

    The representations should be received by the IPB before the due date for payment of the fine.

    If the IPB does not withdraw the Penalty Notice they will advise by mail and further time will be given to pay the fine.

    For more information see the NSW Ombudsman Factsheet: Need More Information About The Fine Enforcement Process? Public Sector Agencies Fact Sheet No 4, November 2003

  11. they should have PINGED the truckie 1st anyway for being the vehicle out of the 2 which represents the most threat in an accident.... if that makes any sense , but i reckon they'll be out in force this weekend i better watch it :shock:
  12. Well one good outcome maybe that she won't take the opposing view anymore when I argue about "the wrong focus in traffic policing" ;)

    Seriously, it really is a joke if she loses her bike licence and get suspended for 3 months - she really is a granny when it comes to driving/riding....

  13. Nup. NSW no longer chases up unpaid fines. They just cancel your NSW license. If you don't have one to begin with...
  14. It gets even better - she's just gotten home and given me the full version....so the COP was in a 60 zone, my wife in an 80 zone and the sequence of events goes like this: She's doing 80 in an 80 zone (construction), see's the 60 sign, brakes, see's cop, cop flashes and signals her to pull over (remember he is going the other way), she does...stunned mullet doesn't say anything (remember she had just been at a funeral) when he says she's doing 98, walks away comes back with ticket...

    We have three "reliable" witnesses who will be testifying that she was not breaking the law...

    Can't wait now to drag this cop's sorry @rse into court....There's some good ones, but there's also some d*cks....

  15. I know almost all highway police around Albury...
    I wonder who it could be... ?
  16. Make sure one of ya witnesses is not known to you & was following
    behind in his/her car!

    Makes ya case that much stronger when you have a stranger as a
    witness :grin:

    U got no choice when itd gonna come down to ur word against a sworn
    member of the constabulary :p :cool:
  17. Lawyer is already working on it, and furthermore as already stated the truck in front was pulling away, and the car behind was closing fast.

    Kishy - yeah unfortunately they are known. However, an ex-school principal, ex school teacher, and an executive partner of a major accounting firm are good enough in the opinion of her lawyer....

    I'm convinced she is innocent (and trust me I would be the harshest judge). I am well aware cops are falible - my sister is one in WA, along with a few of my cousins (and partners) there, and her ex hubby, and her current one. I am one that belives if you are guilty - cop it and be remorseful, but if you are innocent - fight the f*ckers till you can no more.....

  18. Sorry to drag up this old thread, but i have a quick question that i dont think warrants a new thread and this was the closest i could find in a search of the forum.

    I was also booked on the Australia Day long weekend (doing 72 in a 60 zone, slowing down from a 100 zone) while driving my car (P1 licence) in NSW. I paid the fine, and then got a letter in the mail today saying that my licence will be suspended for 3 months.

    I have an unrestricted motorcycle licence and up until this offence (in the car) i have never had any demerit points and the 6 points i did get shouldnt be enough to suspend it anyway, so will i be allowed to continue riding in this period?

    The letter i got does not mention any suspention to my bike licence, it only says P1 Provisional Class C. Ive tried searching all over the RTA site but couldnt find an answer. Either way ill be ringing the RTA tomorrow, but id like to know the probably bad news now if anyone can help.

  19. unfortunately if you get one license suspended, both are suspended.
  20. Bugger!

    Looks like ill be walking to work as of next month, but ive got nobody to blame but myself i suppose. Lucky i didnt buy the VFR800 i was looking at last week, it would be torture to have to see that just sitting in my garage for 3 months.