VIC Traffic Offense-Summoned to Court

L[Deactivated] on 06/06/2015 - 23:05
Last edited 06/06/2015 - 23:08

Hi, I had committed this stupidity in January this year. I was caught speeding at 109 KMPH in a 60 zone(just when it changed from 70)at 1 in the morning. I had confessed to the officer who came looking for me at my home a few days later. My car was impounded for a month. I have lost my license for a year and s a consequence had to sell my car. Long story short, I learned my lesson the hard way and do not plan on doing this ever again.

As the officer promised, I have been sent the summons to appear in magistrate's court. I am going to plead guilty and apologize. I am not familiar with the court procedures at all. Has anyone been to court for a traffic offense? Can some light be shed on how I should approach the court and what to say to the magistrate? I know the fine can be a maximum of 3000AUD, but will the magistrate impose the maximum? P.S. I earn about 200AUD a week a I am studying.

Automotive

closed Comments

  • pyramid on 06/06/2015 - 23:07
    +32

    I don't think you'll have anything left to say with magistrate since you were doing 109 in 60 zone.

  • swiggity swag on 06/06/2015 - 23:37
    +23

    I really think you need professional legal advice from a lawyer, not a forum on the internet. You were speeding almost 50 km/h over the limit, the fact that it had just changed from 70 really makes no difference. I'm glad you've learnt your lesson because stupidity like that can result in the lost of your life and the lives of others on the road. The reason you've been summoned to court is far more serious than a traffic offence and will most likely result in a conviction. There's nothing really you can say to the magistrate to defend your actions, you've made a bad decision and now unfortunately you have to face some hefty consequences.

    • This Guy on 08/06/2015 - 11:32
      +28

      'results in loss of life'

      Now I'm not saying OP didn't act stupidly, but roads with variable speed zones generally aren't residential. It was 1 am. Many arterial roads are three lanes, have limited pedestrian access and have better visibility than 100kmph country roads.

      Speed limits are set for the bad conditions, i.e. traffic during the day. Assuming a road magically becomes a death trap whenever the speed limit is broken is something I hate about the last ten years of speed debate.

      • lgacb08 on 08/06/2015 - 20:00
        -4

        Then what would you say about this. Lots of aterial roads have residential housing on both side, the Pacific Highway from North Sydney to F3 freeway is a classic example one.

    • Randxyz123 on 08/06/2015 - 20:19
      +3

      Agreed OP you need legal advice. If you are studying contact student services they can give you details for a lawyer.

      I'm glad you've learnt your lesson because stupidity like that can result in the lost of your life and the lives of others on the road.

      Not saying the OP was doing the correct thing but to be honest the road signage especially in Victoria is absolutely terrible. (Don't use that as an excuse) but I have been on a road many times where it changes from 100 to 80 to 70 as you pass through a new development and then back to 100). This is near a small beach holiday house town.
      However if you end up avoiding the main road and taking the back way then turn onto the main road and it is actually a 80 zone. However there is no 80 sign near the street you turn out of. Given it is a country dual carriage way thinking 100 is the speed limit is a reasonable assumption. Unless you know it is a 80 zone you wouldn't think it is.

      Anyway

      As others have said you will get a fine but likely no conviction recorded so it won't f*** up your life. Talk to a lawyer, show remorse for what you did then go on a payment plan if you need to, pay the fine and move on with your life.

  • [Deactivated] on 07/06/2015 - 01:33
    +2

    It is highly likely - even almost certain - that you would have some sort of record made against you. Purely because of the circumstances which have warranted the impounding of your vehicle and the exceedingly high level of speeding involved, it may not be a conviction as such (depending on the case that you put forward on your hearing date) but considering Victoria Police is involved it'll have to be a finding of guilt at least.

    If you are a probationary driver, well that's even more bad news. And, because of the state's finances and to set an effective deterrent, it is likely also that you'd receive a fine that is equal to or just under the maximum possible penalty.

    My advice would be to seek legal assistance as soon as possible. You may try legal aid, though that itself will be a challenge if you are intending to fight this case. After all, this would definitely fall under the state's hoon legislation.

    Having said all that, I would also prepare myself for the harshest penalty only because I'm not the one to give false hopes.

  • Lichen6420 on 07/06/2015 - 02:00
    +98

    OP do not stress. It is basically a formality.

    Use the duty lawyer on the day, it is free and all you need for such a simple and really trivial matter (unless you have bad history of offences or have been to court previously).

    Be honest and sincere. Make it clear that you know what you did was stupid and your regret your actions and the risk to other peoples safety that this act caused. The duty lawyer will speak on your behalf and they will advise the magistrate your a student and your circumstances etc Be humble and show sincere remorse.

    Also it is not likely you will have a conviction recorded if this is the first time you have been before court, don't listen to these other clowns, they obviously have NFI and have likely never seen the inside of a court room.

    Advise the duty lawyer that a recorded conviction will severely limit your job prospects in the future and they will raise this with the magistrate. The fact your are an actively studying student will be taken into consideration, they are not out to destroy your life.

    https://www.legalaid.vic.gov.au/get-legal-services-and-advic…

    But seriously don't stress :)

    • Austin 316 on 07/06/2015 - 08:01
      +28

      Great answer. I also have no experience of courts but when the OP is already feeling guilty and realises what he did was wrong, we don't need to give him more lectures. Just answering his question would suffice.

    • [Deactivated] on 07/06/2015 - 08:07
      +3

      I think you have to ask the Judge for no conviction, it is not an automatic because they feel sorry for you, and some people give reasons about job prospects.

      • Lichen6420 on 07/06/2015 - 09:09
        +2

        Correct. This is something that definitely needs to be mentioned to the duty lawyer on the day if they don't bring it up themselves.

        • Utopian on 09/06/2015 - 16:28
          +1

          @pointless comment: Negs for suggesting digging a bigger hole with lies, I imagine.

        • QuickToThePointless on 09/06/2015 - 17:42
          -2

          @Utopian: not necessarily a lie - many people like to keep that option open so you may as well mention it while on the stand

    • [Deactivated] on 07/06/2015 - 12:51
      +10

      Thank you. Yes I agree what I have done was wrong. All I wanted to know was how to approach this. I will fix an appointment and see the legal aid people asap. Cheers for contributions

      • [Deactivated] on 08/06/2015 - 08:42

        Let us know what the Legal Aid say and what the outcome is.

        I wonder if Legal Aid would give you any assistance in seeing if the Prosecutor would allege 104km/h instead of 109km/h, the outcome for you would be a lot different if that happened. I don't know if it's possible, the fact that you already confessed and the Cops already impounded your car on the basis of 109km/h doesn't help you.

        • konazz on 08/06/2015 - 20:21
          +2

          Yeah. thats what my thoughts were - get it down graded to <45km/h (either prosecutor alleges 104km/h or get the magistrate to accept that the variable speed could've been 70km/h). <45km/h is a different charge.

        • [Deactivated] on 09/06/2015 - 10:09

          @konazz:

          It'll be a long shot to change (downgrade) the alleged speed without somehow proving error on the part of the police or the camera which was used to detect the offending, but when you're against the wall I suppose you've got to try all avenues.

        • konazz on 09/06/2015 - 15:03

          @KaptnKaos:

          You could claim ODO % error to get below 105km/h (although that would technically not be allowed for ADR, and make the car unregisterable)

          When I lost my license, i got my odo tested, hoping to prove that my odo was WAY off because of my different tyres. Was only 2%, so didn't help me.

          OP needs a 3.5% odo error to get it downgraded from 109 to 105km/h.

          i.e. his odo was showing 105kmh but real speed was 109km/h. Problem is, newer cars are calibrated the other way, up to 10%. So @3% OPs odo could of actually been showing 113kmh with a 3% correction, which means they are in bigger trouble.

          But older cars, with different tyres (and different OD), can lose their accuracy. Larger tyres = bigger OD = more calibration in your error. OP could argue that he had tyres 2 or 3 sizes up, which while illegal (not many people check), could cause odo errors in their favour for this one.

    • MATTDAMON on 08/06/2015 - 16:58
      +3

      Also ontop of this go and do the traffic offenders program, shows you are being proactive.

      • [Deactivated] on 09/06/2015 - 10:13

        Is it possible to do the traffic offenders program without actually being instructed to do so by a court in the first place?

        If so, that would be beneficial.

        • MATTDAMON on 09/06/2015 - 14:42

          I believe you can, a quick google shows quite a number of training organizations who offer it, so would be a quick phone call to ask i suppose.

        • [Deactivated] on 09/06/2015 - 17:01
          +1

          @Copie:

          Well, that's excellent news for the OP if they want to set a good example of themselves to the magistrate.

          Here's hoping the OP is reading too.

    • Penalty boxer on 08/06/2015 - 18:50
      +3

      Please reach out to Legal Aid ASAP. Don't just wait for your court day to come around. Hope all goes well.

    • inamberclad on 09/06/2015 - 18:12

      nice work on the constructive advice, seriously

  • [Deactivated] on 07/06/2015 - 07:59
    -5

    You need legal advice. Go to a community legal centre for free advice. Also check out the information provided for free on http://www.trafficlaw.com.au/ but you seriously need legal advice. It could be the difference between paying hundreds and paying 1000s. It's your right to get legal advice and everyone deserves fair treatment under the law even if they were 100% wrong.

    There are some things that Judge's can and can't do, they can't only act in accordance with the law, so sometimes they HAVE to sentence in a certain way because the law says so (eg: Fines, minimum Jail time, License suspension, seizing car) and you can't get around that if you plead/are found guilty even if the Judge feels sorry for or personally doesn't to have to do that to you. That's why legal advice is important because without it, worse things can happen to you than you are prepared for while people who get legal advice for the same thing get less punishment.

    You might want to at least ask the judge nicely for "no conviction" and give reasons why they should grant that to you. First mistake was to talk to the Police, and look at the price you have paid for that so far. Don't believe anything the Police say, they are under no obligation to act in your best interest and usually don't. This video will also help you next time: https://www.youtube.com/watch?v=6wXkI4t7nuc (and anyone else should watch this too).

    Source: I have seen someone not get legal advice and make things so much worse for themselves.

    • sparkles on 07/06/2015 - 09:54
      +1

      How is not talking to the police going to help matters? They were there to impound his car regardless under Victoria's hoon laws. Seems if you get caught again, you'd might be waving goodbye to your car forever. Next car should be a inconspicuous four cylinder hatchback.

      http://www.police.vic.gov.au/content.asp?document_id=32184

      I'd personally take a huge fine, just to avoid the conviction. Obviously it's to be avoided, but is manageable over time. A conviction follows you everywhere, like in visa applications and job forms. So if free advice is available it's worth pursuing.

      I think this thread is a good idea, hopefully it may cause someone out there to perhaps stop and see the real life implications of being an idiot behind the wheel, beyond what dire consequences could occur if a catastrophe happens. Having no licence, no car, no money, and a conviction on your record is not a good look for anyone.

      • [Deactivated] on 07/06/2015 - 10:50
        -3

        The question is "how IS talking to the Police going to help matters"? As you say, they are going to impound the car regardless. There is no benefit in talking to the Police, it only detriments your ability to have a fair legal defence. You have a right to remain silent, and using that right can not harm your legal defence.

        "I'd personally take a huge fine, just to avoid the conviction"
        Excellent example right here why not to take legal advice from random strangers on the internet!!!
        Fun fact, if you just pay the fine for an excessive speed offense it WILL come with a CONVICTION! The only way to avoid a conviction is to go to court and ask the magistrate for no conviction (I am not a lawyer though, check with a real attorney).

        Paying a huge fine has no bearing on the conviction status.

        Why not allow him to plead his case fairly to a magistrate, where it will be the magistrate who decides what amount of a fine is fair and if he should receive a conviction? The people on OzBargain who reckon he should just "cop a huge fine" are not judges.

      • [Deactivated] on 07/06/2015 - 15:46

        @Sparkles:

        The court would ultimately decide whether a conviction is recorded or not. A fine would almost certainly be enforced, but the issue of a conviction is somewhat separate to the fine that is served.

        Although, it is Victoria Police's policy to release all offences in Record Checks, whether a conviction is recorded or not.

  • nocure on 07/06/2015 - 11:46
    +5

    a simple and really trivial matter

    Comment of the week

    • [Deactivated] on 07/06/2015 - 15:23
      -1

      I fail to understand how speeding at 49km/h over the designated limit, with the severe likelihood of seriously injuring or even killing themselves or other people in their actions, is dismissed by someone as "a simple and really trivial matter". That is advocating reckless driving.

      This is why the justice system is a joke, and why people's perceptions need to change. The penalties which are nowadays served are really not a deterrent enough to keep offenders from reoffending again.

      I guarantee that people making comments alluding that driving at 49km/h over the limit is "a really trivial matter" would not be making such assertions if someone close to them lost their lives thanks to a hoon driver.

      • Lichen6420 on 07/06/2015 - 16:45
        -1

        If someone was injured or there was a crash this would be a different situation.

        FACT is… no puppies were injured, no limbs ripped from bodies… no ACTUAL harm done. A stupid thing to do… yes.

        People make stupid decisions sometimes…. I drove home drunk once… i didn't kill anyone… AMAZING right?

        Get off your high horse and let the OP deal with the matter at hand, we were all young and stupid once.

        OP lost their licence for a year and had their car impounded, it's not like there were not consequences for their actions.

        • [Deactivated] on 07/06/2015 - 18:04
          -3

          Great, let's make drink driving legal then!

          Why stop there… Let's also legalise drug driving, texting while driving and hoon driving as well.

          As long as puppies aren't injured and bodies aren't ripped apart, feel free to drive drunk folks. It's all good as long as you don't kill people.

        • Lichen6420 on 07/06/2015 - 18:15
          -3

          @KaptnKaos:

          ^^ This guy gets it !

  • momov3 on 07/06/2015 - 14:18

    Seek Legal Aid who will represent you with a lawyer for free. The worst that can happen is, you still get fined, but no record of conviction on the books. Lawyer may be able to get you a reduced fine too. Do it now!

    • [Deactivated] on 07/06/2015 - 15:35

      A fine is certain here. No doubt about that.

      But I would've thought that a fine with no conviction recorded would be the best scenario.

      A conviction (regardless of the fine's mangitude) would be much, much worse.

      But, it is Victoria Police's policy that in Police Record Checks issued by them, matters which are finalised in court without a conviction will still appear.

      Source:
      http://www.police.vic.gov.au/retrievemedia.asp?Media_ID=3469…
      (Point 15, pages 4 and 5)

      The difference between a conviction and no conviction would largely be in situations where the OP is explicitly asked if he/she has been convicted of any offence. A conviction by a court would force the OP to answer 'yes' to such a question. If no conviction is recorded, the OP may correctly answer 'no'.

      For example, let's consider the Australian Incoming Passenger Card. Though the OP may be a citizen of Australia, I only use this as an example.

      There is a question on the front of the card asking non-citizens to answer if they have any convictions. So, for these sorts of questions it is beneficial for the OP to not have a conviction.

      Some questions might ask if you have been charged before, and the OP would have to answer 'yes' to this question all the time regardless of a court outcome.

  • Logical on 07/06/2015 - 19:16
    +4

    Dress appropriately for court. No thongs, singlets, shorts, etc. If you can, engage a solicitor preferably a local close by to the Magistrates Court you will be appearing in. For a consultation and appearance fee you may pay around $500 or so, but money well spent. The local solicitor (make sure they do traffic matters) will know the gravity of the infringement and likely pleading to achieve best outcome for you. As they are local they know the local court, police prosecutor, etc.

    This is not a murder case or of such similar standing. So if you are appearing by yourself (get one of your parents there if possible) then come prepared with notes and what lessons learned were, your remorse and how you have changed your actions. State that you study etc etc. With at least your parent there this shows the Magistrate that you are not scared of the truth (not hiding).

    • mmd on 09/06/2015 - 01:10
      +2

      Maybe get some trousers from theKmart deal:)

      • [Deactivated] on 09/06/2015 - 02:58
        +3

        "Well it might have cost me thousands of dollars, my car, my job, my license, but at least it made me get some nice trousers for $10 out of it"

  • lyl-Lychee on 07/06/2015 - 20:31

    Why did you do that? Drinking? Drag racing? To get somewhere quick? Shits and giggles?

    • [Deactivated] on 07/06/2015 - 21:28
      +2

      drag racing is at the track, street racing is the word you're looking for.

    • [Deactivated] on 08/06/2015 - 01:18
      -2

      There's absolutely no excuse for this sort of behaviour.

      • lyl-Lychee on 08/06/2015 - 10:15
        +2

        Oh I completely agree, the op could have easily killed someone. I just want to know what goes through these people's minds when they take these risks. I live outside a 60kmpm main road myself and hear hoon driving like this pretty frequently.

        • lyl-Lychee on 09/06/2015 - 01:54
          +2

          For those who negged my comment - last year a family of 3 were killed ~2kms away from my home from a 'reckless driver well in excess of the speed limit'.
          The community wrapped bouquets around nearby lamp posts - one of them is still there and I've passed by the rotten bouquet nearly every day since then.

      • mousie on 08/06/2015 - 14:21
        +7

        There is no excuse for an unhelpful comment he wasn't asking for your judgement.

        • [Deactivated] on 09/06/2015 - 16:03

          We'd still like to know the reasons/motivations behind his behaviour. I think the judging has already been done.

        • [Deactivated] on 09/06/2015 - 17:03
          +1

          @lolbbq:

          Don't worry, the magistrate will most definitely ask the reason behind their offending.

          We might not find out ourselves, and some might even contend that it's none of our business.

          But it'll be raised in court.

    • momov3 on 08/06/2015 - 01:21
      -3

      Can you explain 'shits n giggles'? This is new lingo. Do they complement each other or does one follow after another? Is it what I think it is when interpreted literally as written…….

    • Tafe on 08/06/2015 - 19:19
      +11

      I appreciate you taking time off from polishing your halo to contribute to the discussion.

        • Tafe on 08/06/2015 - 20:59
          +8

          You must be a lot of fun at parties.

          Not seeing a great deal of hero worship here, just a young bloke who did something dumb and is clearly scared and remorseful. He's had his car impounded and lost his license too.

          Other than fulfilling your black and white "PEOPLE WHO BREAK THE LAW NEED TO GO TO JAIL NO QUESTIONS" dogma, what exactly would you be hoping to achieve by filling another jail cell (Other than severely stunting their future options and ability to be a productive member of society?)

        • [Deactivated] on 09/06/2015 - 08:33
          +3

          @Tafe: Well fines don't seem to be a very good deterrent as people just allow them to go to SPUR and end up paying them off at a rate of $10 a week. Hardly a punishment, maybe community service is more in order in this case?

        • [Deactivated] on 09/06/2015 - 10:24
          +1

          Agreed.

          If you do the crime, grow up and be prepared to face the consequences.

          Coming on an online forum where people constantly suggest "don't worry you'll be fine" is sooooo threatening for the OP I can almost imagine the OP with a bible in hand swearing not to speed again.

        • Tafe on 09/06/2015 - 10:55
          +1

          @andiw: Wouldn't disagree with that at all. Nothing wrong with penalties, and OP clearly deserves one.

      • [Deactivated] on 09/06/2015 - 10:20
        -1

        I appreciate you taking time off to support actions involving the breaking of law - or crime.

        • Tafe on 09/06/2015 - 10:58
          +1

          Please refer me to where I supported OP's actions…

          All I'm saying is that giving a young person a criminal record for life for a mistake they've probably already learnt from is counterproductive.

    • macrocephalic on 09/06/2015 - 12:49
      +2

      For a country of people who loudly proclaim that we were founded by convicts, we've come to be some of the most meek, judgemental, wowsers in the world.

  • Janko on 07/06/2015 - 21:39
    -1

    I find the legal system ridiculous if a lawyer is recommended for such things.

    • [Deactivated] on 07/06/2015 - 22:05

      Unfortunate reality. He can still represent himself though, but he should see a lawyer first to get a proper idea of what to do and what to expect. There are community legal centres who give free legal advice.

    • Logical on 07/06/2015 - 22:22
      +2

      such things as significant excessive speeding? dangerous driving? impounded vehicle? this is not 5km/h over. If you go yourself you will most likely get maximum penalty. Go with lawyer, plead correctly (to extent that law allows) and you will get lesser penalty.

      • Janko on 09/06/2015 - 15:34

        Was commenting on the legal system rather than the recommended course of action. Here we have someone honestly saying what happened, yet a professional is called upon to tell him what to say to get minimum penalty. Exudes insincerity.

        • Logical on 09/06/2015 - 18:54

          I am with you there on that! It is an unfair, unjust world unfortunately.

    • Utopian on 09/06/2015 - 16:36

      While I agree, you can get PUNKED by many prosecutors and/or judges.
      It's a VERY complicated arena, and to simply walk-in & expect fair treatment is ignorant/foolish.

      I've done it myself, for a similar matter. I "won" my case, and it was "free"… but 4 visits, parking, fuel, time off work… Not to mention the stress & bullying I received.

      I thought it was better for all to simply step-up, be open & honest, and deal direct. Nothing but pain.

  • gimli on 07/06/2015 - 21:46
    +6

    Don't fart in Court

    • Logical on 07/06/2015 - 22:25
      +2

      to your defence = your honour, this shows my genuine stress in this matter and i plead the lessor of charges, otherwise if max penalty then i will crap myself right here in the courtroom…. and you don't want that your honour, do you?

    • Millikano on 08/06/2015 - 15:43
      +1

      Student on $200/week = baked beans diet. The more you eat the more you toot, therefore proof of current situation.

      Good luck OP. It sounds like you've already suffered quite severe consequences, and I hope that things work out well for you in future without this tarnishing any future prospects. All the best.

  • girlshaped on 08/06/2015 - 07:00
    +4

    What jg86tsv said is pretty much spot on. Yes, it's serious but no need to freak out. Go in, admit guilt and ask that the magistrate not record a conviction.

    As you're studying I assume that means you're young, and hopefully means you have no criminal history. This factors in hugely with sentencing, as if you're young, it's a first offence, and you admit guilt and show remorse they tend to give you the benefit of the doubt and go pretty easy on you. The magistrate has the right to impose the maximum sentence, but given your circumstance they won't. The maximum is there only for the worst cases, which yours isn't.

    As it's a pretty cut and dry matter you don't need legal representation, but if it makes you feel more comfortable it's not a bad idea to at least seek out advice before your court date. Honestly though, having someone there on the day I think in this instance adds no real value and will only (potentially) cost you a lot of money.

    Be aware of certain things too: as you're going to a Magistrates Court you'll be appearing before a magistrate not a judge, when you enter or leave a courtroom in session it is etiquette to bow to the magistrate, similarly you must stand when the magistrate enters or leaves the room, dress well, have any documentation you could need with you ready to present to the magistrate if required, only speak when spoken to and always refer to the magistrate as your honour, you might be there for a while so have a book or something there with you to keep you busy and distracted so you don't freak out.

    Good luck.

    • Lichen6420 on 08/06/2015 - 12:17
      +1

      Actually the term is "your worship"…. but "your honour" will also be fine.

      • Utopian on 09/06/2015 - 16:37
        +1

        Sat through 4 full days of court, and every-single-mention from legal & law reps was "Your Honour". That was at Melbourne Magistrates. YMMV.

      • denuto on 09/06/2015 - 17:49

        WRONG, like most of the garbage posted by people contributing to something they know virtually nothing about.

  • cowiie on 08/06/2015 - 07:55
    -5

    I was caught speeding at 109 KMPH in a 60 zone.

    Your first mistake. Should say "I was allegedly speeding 109 KPM in a 60 zone". I would just plead "NOLO CONTENDERE".

  • mousie on 08/06/2015 - 14:18
    -1

    Legal aid is going to be a good option for you. Mention to your legal aid that you've sold your car as it demonstrates your clear intention not to be driving and adhering to your prohibition during your suspension period. Get a character reference and ask for the plead guilty to be considered when sentencing. People have been speeding ever since they've been able to so it's not the end of the world, just don't waste the courts time and show respect.

  • rompastompa on 08/06/2015 - 14:30
    +17

    You just need to threaten the magistrate with words like "inter alia", they'll know you're serious and you'll get your way.

  • nekro on 08/06/2015 - 16:46
    +1

    address the magistrate as "your worship" whatever fine you get request a "stay" of 6 months.. means you have 6 months to pay the fine (if magistrate allows it….. then bend over

    • [Deactivated] on 08/06/2015 - 17:36
      +4

      Then bend over?

      Is the magistrate George Pell?

      • nekro on 08/06/2015 - 18:40
        -3

        The OP wishes it was george pell im sure

  • sintro on 08/06/2015 - 22:00
    +1

    @mechtechie7

    Send me a message.
    I'll forward you some information.

  • Davo1111 on 08/06/2015 - 23:29

    6 hail Marys and you'll be on your way

    • [Deactivated] on 09/06/2015 - 10:01
      +1

      Someone should be counting their lucky stars that them hooning through the streets didn't kill anyone.

      Otherwise it'd have been a real possibility that the OP would've been on his/her way.

      To the cells.

  • lint on 09/06/2015 - 09:09

    So you thought it would be OK for you to drive 39kph over the speed limit but now you're kicking yourself that the limit was changed to 60 and it was actually 49kph over? It sounds like this isn't the first time you've done it before, just the first time you've been caught.

    Get legal advice, there are free government funded services that provide advice for people who can't otherwise afford it. I hope you've genuinely learnt your lesson rather than just saying so.

    • [Deactivated] on 09/06/2015 - 09:58

      Shhhh… Don't suggest even for a moment that he/she did the wrong thing.

      The OzBargain community seems to vote down any post which highlights the unpleasant truth.

      • [Deactivated] on 09/06/2015 - 10:23
        +1

        The OzBargain community seems to vote down any post which highlights the unpleasant truth.

        …

        No vote on this comment.

        • [Deactivated] on 09/06/2015 - 10:25
          +1

          This post of mine hasn't highlighted any truths, sorry :(

          Just waiting for the minuses to come to lint's factual comment…

        • [Deactivated] on 09/06/2015 - 10:48

          @KaptnKaos: lint's comment seems to be the general sentiment here, I don't expect to see any downvotes on it unless someone does it for the sake of proving me wrong.

        • [Deactivated] on 09/06/2015 - 10:56

          @The Land of Smeg:

          Example:

          The Land of Smeg on 07/06/2015
          07:59

          That's your post, pretty much factual and reasonably follows the general sentiment.

          And I have no idea why it's down voted.

          That's the sort of thing I was referring to…

        • [Deactivated] on 09/06/2015 - 11:12

          @KaptnKaos: It's down voted because I went against the general sentiment, because most people would prefer that I didn't give him helpful/factual suggestions that could lead to a lighter punishment, because most people would want him to crash and burn to the maximum penalty legally possible for the very stupid thing that he did. Also because I stupidly forgot to add the most essential suggestion - don't break the law in the first place to avoid legal trouble. I don't think that OzBargain is afraid of the truth (most times).

        • [Deactivated] on 09/06/2015 - 17:06

          @The Land of Smeg:

          Two votes up, two votes down…

          :S

  • AlanHB on 09/06/2015 - 09:45
    +2

    Victoria Legal Aid actually have a wealth of info online. https://www.legalaid.vic.gov.au/find-legal-answers/traffic-o…

  • retiredfeline on 09/06/2015 - 11:16
    +2

    Sorry, I don't have anything to add that hasn't been said already, but the word is actually summonsed, it's a legal term. IMO, get some legal help.

  • TurkishDelight on 09/06/2015 - 12:45
    -4

    talk to legal aid. But for 109km/hr speeding you should be only getting fined. This is too much strictness.
    Bdw have u ever been caught like this? If not this should not pass those limit of suspension of license and all. I assume you should be fined for $500 or so..
    try talking to legal aid if your records are clear will be +1 for your case.
    And bdw you been silly (in nice language you know what i actually meant).

    • Aarent on 09/06/2015 - 13:56

      109 in a 60 zone, and only a fine, hellll noo!

      dude was doing twice the legal limit. a 60 zone is almost a suburban road, 70+ is like a main road.

      i 'think' there are 3 levels of escalation on a speeding fine. 10km over, 20km over, 30+ = fine + court summons.

      After reading through this post, the OP doesn't need any more bashing, which I'm not going to do, but this comment sounds far from what will be reality.

      • TurkishDelight on 09/06/2015 - 17:03

        oh okay my bad. Thats why I shouldnt become a minister hahah…
        I am not too strict.

        • pyramid on 09/06/2015 - 17:04

          Ignorance <> Strictness.

        • TurkishDelight on 09/06/2015 - 17:07

          @cniminc: is this same guy with sexiest camouflage car hahha..

  • tonsta on 09/06/2015 - 13:58
    -1

    Count yourself lucky if you get away with a big fine, killing yourself Darwin Award style would be a bigger punishment, or worst killing someone else minding their own business.

    Learn to read a bus and train timetable for the next 12 months.

    Don't waste your time with legal aid, you have no defence, you just told the officer everything and don't try and change the story in court or be prepared for a few months in the slammer for lying.

    You best defence is telling the Magistrate your dumb and stupid and hope they take pity (unlikely) on you.

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