VIC Traffic Offense-Summoned to Court

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.

closed Comments

    • +1

      I played this card when i lost my license after 3 weeks on P's. 103km/h in a 60 zone at 1 in the morning on a railway road through an industrial area (at least my camry beat my mate in his commodore)… Before someone says 'think of the children', the nearest home was over 2kms away, the road was 4 lanes, good quality - on one side was a railway, the other side had a wrecking yard and a couple smash repairers. Yes, I could've died, but this is different to idiots who weave through residential areas at 80km/h

      It was a good night for the boys in blue, about 2 minutes into booking me, they got another, and then another one was being pulled up as I was leaving.

      Anyway, I got 2 charges:
      Excessive speed > 30kmh but <45km/h = 3 months suspension +
      Loss of all points = 3 months suspension.

      On the court day, I had a letter explaining my reasons (young fellow, gave in to peer pressure), my punishment (my parents confiscated and sold my car), my standing in the community (my dean wrote a letter detailing all the volunteering I did), and my brother's disability which required me to drive in emergencies (i had evidence of rushing him to hospital by the time the court date rocked up 7 months later). I showed contrition, dressed in a suit, was respectful and admitted I was stupid. I had also paid my fine, although in hindsight i shouldn't have until after court.

      Result
      Excessive speed charge stood = 3 months
      Return of all points = no extra 3 month suspension; insurance unaffected as I technically hadn't lost any points.
      They kept the $$$

  • +1

    While won't help OP… i do wish % based speeding fines would apply.

    Doing 20km/h over in a residential 50km/h zone (so 40% over the speed limit; kids and houses everywhere) is a lot different to doing 130km/h in a 110km/h zone (18%; most 110km/h roads can easily handle 130km/h e.g. hume hwy). Yet both have the exact same punishments.

    • It's a 60 zone reduced from 70. So arterial road possibly, but certainly not a highway and certainly quite possible that under slightly different circumstances he'd be up for vehicular manslaughter. A pedestrian on a road marked 60 or 70 shouldn't have to look out for louts doing 109! When the consequences actually do eventuate the punishment is indeed greater. OP has created a mess for himself but is still quite fortunate it isn't much, much worse for himself and others.

  • I'd like to think that at this point in my life, I am far too poor to be able to afford the wear and tear + potential damages + penalties + risk to self and others. As such, I often come to the conclusion that people going very fast outside of the track are either very very rich, very very stupid or both.

    That said, I believe (or like to) that the OP has learnt his lesson, some people speed and get a scolding while others speed and lose their car and licence along with few thousand dollars. Its never really fair to everybody in the end but just as long as they don't do it again, its all good.

  • +3

    The courts are very lenient, your best to dress very well, blazer and all and go there and plead guilty and be honest and tell the courts your circumstance.. needing your license to drive etc.. apply for good behavior which is something like 1 point over 12 months etc.. trust me, they are much more lenient unlike hwy patrols who will book their own mother..

    • ^ I saw 100+ people get dealt with, by various judges. 95% of them "got away with murder". The stuff they did would make you blush. ~5 people had items hidden from the court's judgement, even! Still, they got SUCH a lenient sentence, it was crazy.

      Then there was the other 5%, who went down "swinging". Verbally attacking the police, prosecutor, the whole procedure. Yeah, they didn't do too well.

      • +2

        That's the problem these days.

        On one hand you've got people "getting away with murder", but on the other hand people with comparably less serious offences get the book thrown at them.

        Such is our justice system.

  • -1

    There are so many of these idiots that speed 100+ km/h in our 50 km/h zone residential area (mostly at night).
    I wished they all just a tree and be gone.

    Why aren't the cops catching these idots?

  • -2

    OP will be soon posting "how do I tell my inmate that I don't like him like that?". Good luck mate, hope you have learned your lesson.

  • -1

    OP you're silly for talking to the cop who knocked on your door, there would not have been enough evidence otherwise. You could have argued someone else was driving your car.

  • I think we've had enough comments for the OP to ponder over. Comments closed.

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