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[VIC] speeding fine ticket error

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by nibor, Jan 19, 2008.

  1. skipping past all the bullsh!t coz im not in a happy mood, ive been issued with an infringement notice for doing 30-40km over the limit.

    this scores me 6 points, and an instant 6 month suspension.

    ive heard if an infringement notice is filled out incorrectly, you can get out of it. is this true or have i heard porkies? the error in detail is the due date for the penalty payment. this is listed as the 3/1/08, which has obviously passed. the infringement date is listed as the 19/1/08 (today).

  2. You better go back in time and pay it quick smart boy!

    Honestly though I have no idea, perhaps he was American?
  3. The date for payment will not mater a bit, it's the offence date that counts.
    Tough luck on this one
  4. Wow. They must be getting more and more efficient at sending fines. Infringement date and receive letter at the same day?? Can't say the same about my license. Got it 8 weeks after I passed my test... meh.

    Good luck anyhow. Speeding fines suck.
  5. Sorry mate, the ticket stands.

    What will happen is that when the ticket is checked the issuing member will send you a letter telling you the original ticket has been cancelled, and he will send you another ticket in the same letter. This second ticket will have a due date six weeks from the day it was issued.

    The letter will tell you that if you haven't yet paid the original ticket, not to pay. If you have paid, a refund will be issued to you in due course. Either way, you will have to pay the new ticket. The new letter will also explain what happens with your suspension.

    My advice is to hold off paying the original ticket for a while to avoid being out of pocket until you get the refund. Depending on which checking step in the process picks up the mistake you should have the new ticket somewhere between a week and a month from now.

    If, for whatever reason you haven't heard in six weeks you should then pay the original ticket in case it has slipped through, so they don't charge late fees.

    Unfortunately an error in the due date won't be enough to get you out of the ticket, or your suspension. :cry:
  6. Damn mate. :cry:
  7. I have a letter that was sent to me signed by the south Australian commissioner of police, stating that I was getting a refund for a speeding ticket that was now void. A cheque was sent to me in the mail 3 days later, and my demerits were given back. Upon ringing the expiations branch to find out what was going on, I was told that during a routine audit of expiation notices it was found that mine had been filled out with an error on it and hence was null and void under what may be south Australian law I guess. If you are lucky, this may extend to whatever state you are in, so ask the question and cross your fingers.
  8. 1/3/08 is the date that should have been entered (42 days)
    I'm sorry to say it still stands.
    Send a letter to the issuing officer claiming the infringement is invalid.
    If it wasnt a "walking offence" you may have been issued with a warning but I think they will persue (SP) you on this one.

    However there is a "firmer but fairer" policy that VIC gvt now have to operate under. Fines are sometimes withdrawn under this policy.


    Dont just ignore it though.

    Bad luck mate. :oops:
  9. yian - nah, i was pulled over by TMU, not done by a fixed camera. hence i get a copy of the notice then and there.

    cheers for the info, Bart, i dont think i'd like paying $400 odd, only to have to pay it again, and not receive the refund for who knows how long...

    2wheels - whats a 'walking offense'? :? i was riding :p
    that link you gave said
    in just so happens this is marked as an excessive speed infringement, im in the lowest band of excessive, oh how i wish they dropped it down to 134km or something :(

    so i take it that means even though the notice contains an error, i cant have it reviewed?

    i have nice grippy new BT45s on the VTR, but i had to go order new tyres for the pushy, its getting prepped for use and abuse :(
  10. The only option is to take it to court. But unless you can prove you weren't speeding (and only you and the cop know this for sure), you're likely to get the same fine, plus costs. You're certainly not going to get off it because of the mistake in the date. (My humble opinion only.)
  11. yeah, well im not denying the speeding, i know i was doing that, and there was two cops inthe car, so i dont think i'll be winning a war of words.

    just spoke to the local copshop, they suggested either wait to have the notice error picked up, and it re-issued, or pay this off, and the paperwork will probably be transfered or something.

    either way, i think i'll be digging deep into the wallet soon :(

    ahh well.

    its certainly slowed me down anyway...
  12. Hi Nibor, nothing to add to the above comments but you certainly have my sympathy. :(
  13. has anybody had any experience going to court and arguing that "i was only going <134 not >135" by arguing innacuracy of measurement
  14. my ticket say an alleged speed of 130-140kmph.
    do they have to specify any more detail than this or what?
    they followed me, i think they only callibrated (sp?) my speed, dont know if anything was on radar or laser or not, i didnt ask.

    just if my speed was 25-34kmph over, and not 35-44kmph over, i would only get a 1 month suspension, and 4 points and $104 lesser fine. thats a huuuge difference.

    f*ck this is sh!t :cry:
  15. I know nothing of the specifics, but surely common sense says that can't say you were going between 130 AND 140, it has to be a number?

    Robin, before you recieve the unbiased advice of the boys and girls in blue, (both ex and current) and the 3,000 armchair lawyers on Netrider, please contact a qualified legal representative to provide you with proper legal advice (as it aplies in Victoria). Whatever this costs, it has to be worth it.
  16. what does the law say about the accuracy of those constant distance readings.
  17. If I'm doing 135 for a certain distance, and you are still pulling away from me, then you are exceeding 135. You could be doing 136 or 146, who knows, who cares, you're exceeding 135. Perfectly legit. :cool:
  18. yeah but bart my point is their alleged speed crosses two 'catagories' so to speak. like they could have put down alleged 100-140kmph. its jsut it would make a huge difference if it was recorded as below 135kmph, so im trying to look into it.
    maybe i should contact the issuing officer?

    and yeah Cejay, i'll probably be visiting one of those expensive blokes sometime soon.

    cheers for all the replies n stuff guys :)
  19. Hmmm, that is odd... Might be worth contacting the bloke...
  20. I thought the notice would say excessive speed, hence the link.
    Bad luck mate. As someone else said get some advice but I think you'll be "walking".