A Way out of Traffic Infringement - $455 and 4 Demerit Points?

Lashmich on 15/10/2015 - 08:16

I got pulled over yesterday for using my phone while waiting at a traffic signal in Rowville, VIC. Got an infringement notice from the police officer for $455 and 4 demerit points. I guess what made the experience NOT as horrifying is the fact that the officer was quite empathetic and kept saying "he hates writing out such a high fine."

Basically my phone cradle broke off at the base that morning and I just didn't get around to replacing it.

Of course it was my mistake. I KNOW what I did was dangerous. I accept that.

I was just wondering if ANYONE has been able to get the penalty amount reduced or dare I say, gotten out of having to pay the whole amount.

Again, I KNOW its my fault. While I can expect mean judgmental responses from some of the forum users (which is pretty much akin to being a troll, by the way), I'd really like to get constructive responses. Thank you.

Automotive

Comments

  • [Deactivated] on 16/10/2015 - 21:05
    -4

    1. Find the cop who wrote you the ticket and give them the worlds biggest sob story, bring pictures of your dying children etc, and ask for the cop to throw out the ticket (bummer if its in the system already and there is no way of reversing it).

    2. Tell the judge the cop grabbed your ass, say it with conviction.

  • kusama on 16/10/2015 - 21:31

    I think this post may save someone a lot of points/money. It should be a bargain. Thanks

  • Daemos on 16/10/2015 - 22:49

    I do not know the law in Victoria, however, there is a chance that you may get it reduced. This will only really happen if the following happens:
    1) You go to the magistrates court
    2) Dress appropriately for court
    3) You plead guilty
    4) Have a clean or pretty clean driving record (ie you didn't get caught doing this other times)
    5) Be genuinely remorseful
    6) If the law in Victoria allows the Magistrate to have discretion when it comes to the penalty given regarding this matter.
    7) The magistrate believes you, and believes you will be remorseful and a lower penalty is enough of a deterrent to prevent you from doing this again. (Might be difficult to get it down to nothing, as Magistrates like all Judges, still have the responsibility to issue penalties that act as a deterrent not only to you from repeating, but to the public at large)

    there may or may not be court fees associated with this, it's up to you to check

  • lostn on 16/10/2015 - 23:13
    -6

    If you're a woman, and the officer is a man, you might want to try your chances at seducing him.. Like, put your cleavage on display. You've got nothing to lose really.

    Take it as a valuable lesson, saving you from paying more fines in the future. I suggest bluetooth over a cradle. If it's integrated into the car's speakers, it works better than speaker phone. Never be stupid enough to be holding your phone while driving. Driving infringements is the major source of revenue for state police outside of your tax dollars.. Of course they're going to milk you for all you're worth.

    • 2bitbludger on 17/10/2015 - 07:36
      -1

      Maybe you didn't read the OP.
      They "already" have the ticket!
      It's a bit late for cleavaging the cop now isn't it!?

      • lostn on 17/10/2015 - 13:38

        I'm saying for the future. I alreayd said it was too late this time.

  • drfuzzy on 16/10/2015 - 23:19

    It's possible. I got out of a $200 speeding fine using a letter I wrote after researching what to write and who to write to. I should sell my template.

    • 2bitbludger on 17/10/2015 - 13:40
      +3

      You can start a business and sell your magic beans as well!

  • Nicko11 on 16/10/2015 - 23:36

    Yes court fee for sure

    It is worth fighting if police(had a bad day) caught you and you know you didnt do anything wrong. I took it once to the court and just 10 days before the court date the officer called and said they are dropping the case. But funny enough they dont send a letter, just phone call.

    But in this case you should take it easy and pay the fine…Feel happy that you have to pay only the fine…you didnt loose your life or caused an accident. Sorry but I dont think the fight is worth it.

    You can fight if you say you didnt touch the mobile at all. Its illegal to even touch or operate mobile if its not on a stand. We all do this but it is the most dangerous thing to do

  • Click_It on 16/10/2015 - 23:55

    No doubt someone has already said it but please invest in a hand free Bluetooth kit now. I had one put one in years ago, all professionally wired in, cost half of this fine.

  • FloatingPoint on 17/10/2015 - 01:38
    +1

    It's almost impossible especially they are now focus on targeting mobile phones use while driving. Instead of spending days and hours finding ways to get around the fine, I'd suggest you should invest some your time to find some quick jobs and earn it back. Airtasker, Gumtree, or drive a uber?

  • Bullion78 on 17/10/2015 - 01:45
    -1

    I got one about this time last year in St Kilda, same penalty. Truth be told I was checking a text message at a traffic light, even showed the cop the text that my best mate had just passed away (was awaiting the news) yet he didn't even bat an eyelid before smugly proclaiming that he has no discretion. I then wrote a letter explaining the circumstances, even included the eulogy booklet yet was still flatly rejected. What we all need to come to terms with is that a police officers job is no longer solely for the purpose of serving and protecting, a key component of their role is to collect revenue for the state. This is not about safety, it never has been any anybody who tries to convince themselves that it is, or that you should just abide by the laws (that corporations write for us) you might as well just go and sleepwalk of a cliff now..this lot will also try and convince you that we live in a democracy and that we have freedom.. It's comical really.

    • Ughhh on 17/10/2015 - 11:30
      +4

      If the law says no use of phone while driving (unless Bluetooth), then that means what it means. Not 'its ok though if you're awaiting for news of friend or family death/illness etc. '. No idea what happened to your friend, I'm sorry but, do you want to put some one else in hospital as well and put their family in the same stressed position as you were?

        • UFO on 17/10/2015 - 18:12
          +5

          No… it's not slave mentality its commonsense. It's not everyone else with the problem, its you with the problem.

          If you can't see the difference between pressing a button to change a radio station to texting or making a call, it's your problem that needs rectification.

          There is no conspiracy. It's not about revenue. It's about saving lives.

          And calling us all idiots by believing in commonsense just stinks of narcissism. Wake up to yourself and realise how dangerous mobile phone distraction is on the road, and it might just save your life one day.

    • [Deactivated] on 20/10/2015 - 23:47
      -1

      Why should you not get a fine because your friend died? That's got nothing to do with the fine.

    • Pootie Tang on 27/10/2015 - 08:21

      Agree

      • Bullion78 on 27/10/2015 - 09:59

        Could to see that at least somebody still has a semblance of reason left around here. The Australian mentality never ceases to amaze me. We live in a glass prison.

        • Pootie Tang on 27/10/2015 - 12:18

          Until you see a traffic cop interweaving between lanes to run number plate checks so they can get closer to their daily/weekly/monthly quota, the sooner you will understand how they work.

          http://www.adelaidenow.com.au/news/leaked-email-reveals-poli…

          Basically you can use an IPod, eat breakfast, apply make up, brush your teeth or smoke when driving and It's less dangerous than a mobile phone whilst at the traffic lights? I cant find the fine for inattentive driving but it would be less than the mobile phone one.

          Here are some interesting fines I found.

          (223)Riding animal-drawn vehicle at night or in hazardous weather conditions—failing to operate lights - $54 (surely more dangerous than using a mobile phone at the lights)

          (224) Using horn or similar warning device - $173 (hmmmm)

          68(1) Failing to ensure dog does not enter or remain on certain bicycle paths - $206

          NWA said it best……….

        • Bullion78 on 27/10/2015 - 23:46
          +1

          @Gringoesai:

          Enough of the rational analysis already mate.. You will only get negged by the rabid upholders of the police state. Don't try and reason with them.. You will get nowhere.. Just blindly accept that it is the law.

        • Pootie Tang on 28/10/2015 - 10:56

          @Bullion78:

          I was thinking about this. I believe age is the major factor here. I'm assuming the purists are 18-24 and just have not experienced the BS associated with the crap you are subjected to over the course of 30+ years. I owe the state about 12k in fines for offenses like parking tickets that then get enforced - ie; $26 ticket that turns into a $400 ticket, I just pay them $50 a fortnight so I can still drive legally.

          Anyway, off topic now.

          Fight The Power!

        • Ughhh on 29/10/2015 - 10:51

          @Gringoesai:

          Maybe your partner or someone close to you needs to be put into a coma because of an inattentive driver checking their phone for you to understand the other perspective? Would you like that?

  • 2bitbludger on 17/10/2015 - 07:35

    When i used to be on facebook i belonged to a group that was about getting out of fines in australia.

  • sd4f on 17/10/2015 - 08:01

    Well, I bought a bluetooth car radio (my car is still a bit old), and a phone cradle for $240, I think that's a good investment. Certainly much cheaper than the fine…

  • gimme on 17/10/2015 - 08:42

    funny thing about these laws is that if I hold a phone to my ear while driving it's considered dangerous, endangering lives, frowned upon by the soapbox crew etc and will be slapped with a massive fine. BUT if I hold a banana to my ear, it's all good.

    • Cheeper on 17/10/2015 - 22:58

      It's all about fiddling with the damn things when driving. Some get it' some don't.
      It is rated as one of the most serious traffic offences for a reason and why no leniency is given.
      Also expect to see the penalty increase until people get the message.

      As much as people will argue that they can fiddle with their phone and still be the perfect driver the fact remains that there is absolutely no reason to fiddle with it when driving in the first place.

    • Baysew on 17/10/2015 - 10:04
      +2

      Grounds for review are:

      if you believe the decision to serve the notice was contrary to law
      there is a mistake in identity
      your conduct should be excused as exceptional
      if special circumstances apply, see below.

      In relation to requests for internal review, special circumstances means-

      (a) a mental or intellectual disability, disorder, disease or illness where the disability, disorder, disease or illness results >in the person being unable-

      (i) to understand that conduct constitutes an offence; or
      (ii) to control conduct that constitutes an offence; or

      (b) a serious addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and >Controlled Substances Act 1981 where the serious addiction results in the person being unable-

      (i) to understand that conduct constitutes an offence; or
      (ii) to control conduct which constitutes an offence; or

      (c) homelessness determined in accordance with the prescribed criteria (if any) where the homelessness results in the person >being unable to control conduct which constitutes an offence;

      When an application is made under the grounds of special circumstances, Victoria Police is limited to:

      confirming the decision to serve the infringement notice
      withdrawing the infringement notice
      withdrawing the infringement notice and serving an official warning in place of the notice.

  • congo on 17/10/2015 - 10:43
    +2

    Why does Ozbargain keeps getting these kind of posts.
    It isn't a bargain, and the legal ("right") thing to do is pay the fine.
    Anything else, it belongs in another (more seedy) forum.

    • TailsK on 19/10/2015 - 08:51
      +1

      Break the law and get a 100% discount on your fine? BARGAIN!

      • glam77 on 19/10/2015 - 09:43

        *obey the law?

        • TailsK on 19/10/2015 - 10:21

          This guy broke it. :)

  • Qlander on 17/10/2015 - 11:38
    +1

    The second day after I bought my very first car I got a speeding ticket and 6 demerit points. I paid it the very next day and moved on. 8 years gone by I have never gone over 5 kms the speed limit. This doesn't help you get out of your situation but moving on quicker helps you to get back to important things in life.

  • cryptos on 17/10/2015 - 12:06

    So you get pulled over, cop says he saw you on phone, you deny this (lie), he asked to see your phone which is locked, you politely refuse to unlock it as it is personal…

    I thought that they ( police ) needed photographic evidence?
    No admission from the driver and simply failing to unlock you phone to me would give you a case to go to court and get off if ticketed.

    • t_c on 18/10/2015 - 12:14

      Cops always have a workaround for ppl who try these evasive techniques. I would imagine you would be looking at a extra fine for refusing to comply with a police direction, and have your phone seized as evidence so that it can be later unlocked by the appropriate department.

    • Cheeper on 19/10/2015 - 01:58

      I would assume that they could get the phone use records from his Telco under summons, but doubt they would go that far.

  • cowiie on 17/10/2015 - 13:59

    Yes I got a way. Leave Australia and never come back.

  • T1OOO on 17/10/2015 - 14:21

    " I accept that."

    THEN ACCEPT THE CONSEQUENCES!

    I HATE PEOPLE LIKE YOU I THINK YOU SHOULD LOSE YOUR LICENSE FOR 8 weeks, how about thhat?

    • gimme on 17/10/2015 - 14:25
      -2

      Holy crap somee of you lot. Really need some perspective. The propaganda machine seems to be working. Embracing the nanny state.

      The guy was sitting at the lights, not speeding down the fway. Life is all shades of grey.

      • T1OOO on 17/10/2015 - 14:31

        law is black and white,… YOUR LIFE isnt that important, seriously, it can wait till you finish driving,… dont be a dic head really.

        yes, perspective,.. crossing the road, some young dumb teen girl face down in her phone as she turns the corner almost runs me over, raises her head just in time to realise whats going on as swerve out the way… hopeless dead beats, if you cant abide by the laws to drive a car, then dont drive one.

        if your all a big man, go get the laws changed, but no you wont.

        • gimme on 17/10/2015 - 16:49
          +1

          Lol

        • OneMoreTune on 19/10/2015 - 12:51
          +1

          How much crack have you had?

      • congo on 18/10/2015 - 16:19

        It is dangerous, period.
        The phone is a distraction, when the lights turn green and you drive off with instinct, accidents can happen because your mind is distracted.

        • congo on 18/10/2015 - 18:06

          @gimme: yes there are more dangerous things than checking your mobile at the lights.
          But this is still dangerous.
          I have seen an accident where the a driver was checking his mobile at the lights.
          He then turned right when the lights went green.
          But he failed to check that it was NOT a green arrow.
          So he hit an oncoming car that was travelling downhill at full speed.
          It was almost fatal.
          Don't underestimate how dangerous this is. Sometimes it can be fatal.
          The law is correct in this case.

  • thefud on 17/10/2015 - 15:49

    On a related note, I got an infringement in the mail for parking in a loading zone while in a rental car.

    How to get out of?

    • IceCreamBandit on 17/10/2015 - 17:46
      +4

      How to get out of?

      The car? There's normally a handle on the inside of the door that you can pull. If you can't find it, open the window and use the handle you used to get in.

      The fine? Not much I'm afraid. You've already admitted you did the wrong thing. Just don't park in a loading zone. The fact you that you broke the law in a rental car doesn't change anything.

      • thefud on 17/10/2015 - 17:54
        +1

        Well, thanks Dad. I will never park in a loading zone again, for without your black and white interpretation of a parking offence, I may have done it again …

        I was always going to pay the fine. However, I do know a friend got off Scot free for a low level speeding offence in Victoria and was wondering if others knew of any provision like this for a parking fine.

        I would place a low range speeding offence in the same category as a local government parking infraction.

        • ChrisLevo on 17/10/2015 - 18:52
          +1

          An offence is an offence is an offence.

          You parked in what you knew was a loading zone.
          That's breaking the law, and you must have known it, or you would have failed your licence exam.

          You received an infringement notice for breaking the law.

          Why should you be able to get out of it?

          I just don't understand this train of thought - I know the law, I deliberately break it and I should not be penalised.

        • thefud on 17/10/2015 - 19:07

          @ChrisLevo:

          Why not. I'd rather keep my money where possible, even if I did offend the public by not having courier or a small logo sign written on the drivers side.

          No harm in asking … Unless you ask here of course. To quote pointless comment "then its a good idea to come to Ozbargain to face your judgement head-on from all the people who have never put a foot wrong on life".

          Gallop away on that tall stallion boys.

        • IceCreamBandit on 17/10/2015 - 20:33

          @togaboyau:

          even if I did offend the public by not having courier or a small logo sign written on the drivers side

          By that logic does a "Sydney Buses" logo allow use of the bus lanes? Your deliberate and inconsiderate act inconvenienced those who were allocated that space to do their jobs properly and you were punished accordingly.

          No harm in asking … Unless you ask here of course.

          Of course there's no harm in asking, but when you come to a forum you're going to get facts and opinions from people, it is why you posted your initial question. Facts have been presented, and opinions have been shared. Surely you were expecting what I and ChrisLevo posted, especially after the comments so far in this thread?

          I do apologise for not giving you the opinion that you're after e.g. screw the police/government for enforcing rules and issuing fines and making you poorer or blame it on the rental car company (still don't know how it was relevant to your offence) or yeah sure, try to talk your way out of the fine.

          Someone could well come up and provide you with the support you desired, it just hasn't come yet. If you wanted some sympathy you really needed to add more to that story to justify you parking in a loading zone (injured/ill relative or any other emergency).

          To quote pointless comment "then its a good idea to come to Ozbargain to face your judgement head-on from all the people who have never put a foot wrong on life".

          Never said I was perfect. Far from it in fact. Personally though, in your situation I wouldn't have come to a bargain sharing forum for advice on this matter. The RTA/RMS/Government agency looking after road rules would have been the place to go to see how you can avoid paying that fine that you said you were happy to pay. Again, if you were desperate for sympathy or outright support then you really needed to specify that in your post.

          Gallop away on that tall stallion boys.

          That attitude isn't going garner you more support. The way you're going you're going to need that stallion before we do. ;)

        • Cheeper on 17/10/2015 - 22:51
          +2

          @togaboyau:
          ""face your judgement head-on from all the people who have never put a foot wrong on life""

          No one has never screwed up somehow….
          When it comes to fines though, some of us just man up and pay up and try not to do it again. Others buck and kick and bleat hard done by until the reality eventually kicks in … :-) Takes a while with some.

    • CLoSeR on 20/10/2015 - 11:00

      Just pay the fine and move on, I parked in an Australia Post loading zone spot by mistake the other day not seeing the sign or the Post box.

      Honest mistake, will pay more attention next time. Paid the fine, got on with life.

    • azshade on 20/10/2015 - 22:49

      Well I don't know about you, but I've always found the car door to be the most effective way to get out of it.

      Ba dum tish. :-)

  • Souljarh on 17/10/2015 - 20:45
    +1

    I was traveling 67 km/hour in a 60 km/hour zone. I wrote the notice issuer a honest letter explaining why I had unintentionally gone over the limit (It was unintentional, I hate people who speed). I got off the fine, and when they mailed me to tell me that, they also said I won't be let off again in the next 24 months.
    I have heard that for more serious matters i.e. running a red light they will not let you off. I do not know if your case falls into this category.

    • mirridon on 19/10/2015 - 07:51

      You're lucky. I was travelling 4 km over the limit. I couldn't believe they issued me a fine for going 4km's over, and I honestly assumed there would be a leniency, since it was only 4km's over the limit.

      • Lockieasy on 19/10/2015 - 23:07

        Wow that's crazy. I drive 5-10km/h over the limit all the time in 60+ zones and never get booked. I even do it past the fixed speed cameras on my way to work every day. Never through a school zone though, which I imagine you would get booked for doing 4km/h over and fair enough too.

        • mirridon on 20/10/2015 - 21:01

          Yeah this is what I can't understand why I did. I conceded that the radar is 4km short than what it really reads, hence I may have been travelling 68 on my ODO or something. No idea.

  • motion2082 on 17/10/2015 - 22:11

    Walk into the Court Room and say "Do you want the truth?, you can't handle the truth!"

  • mightyfes on 17/10/2015 - 22:27
    +3

    Leave the country, never come back. It works with HECS-HELP too.

  • Cheeper on 17/10/2015 - 22:41

    The more you read some of these pleas for ways to escape a traffic fine the more they sound like someone looking for a game hack to get more lives… :-)

  • tee123 on 18/10/2015 - 01:12
    -3

    I drive manual trucks while talking on the phone and eating a bigmac.

  • bob_wangkar on 18/10/2015 - 04:19

    Actions have consequences…

  • prism on 18/10/2015 - 11:37
    -4

    Take it to court. Everyone should for EVERY single fine. Once the courts are clogged with these petty cases then they will have to reconsider continuing to use infringement as a vehicle for revenue raising.

    • Cheeper on 19/10/2015 - 02:01
      +3

      You are saying that there should not be any penalty at all for breaking road rules?
      Mad Max, here we come… LOL.

    • mirridon on 19/10/2015 - 07:54
      +2

      It's not all revenue raising. They do generally care about road survival, and there's no shroud of doubt that using your phone while driving is probably the biggest distraction. It's irresponsible and selfish as well, you're putting other people and other peoples vehicles at risk.

  • Ughhh on 18/10/2015 - 13:18

    Just curious, for people who call fines revenue raising, what is a better less revenue punishment?

    Sending you to do 50 hours of community service talking and listening to a grandpa with dementia? Doing 200 push ups on the spot (more depending on the fine)? Put you in the naughty spot at the back of a classroom for hours? Spanking???

    Anyway, regardless, in the end, how much revenue they can take depends on you the driver. If you give them a reason to fine, then I guess they probably will. If you don't want a fine, then don't use your phone.

    • gimme on 18/10/2015 - 16:41

      Let me flip this argument. Exponentially more people die from eating junk food and guzzling coke and alcohol. Not to mention the burden of providing medical care to all the sick on the taxpayers. If the objective is to save lives why don't we ban and fine that shit. But no we like going after the low hanging fruit which apart from some heartwarming media millage has really minimal impact on society's well being.

      • Ughhh on 18/10/2015 - 17:22

        True, but those are lifestyles you choose and only affect themselves (in terms of life and death). If you want to kill yourself, whether its through smoking, eating very poorly or other means, then thats your choice and freedom, dont involve other innocent people. Eg. smoking at bus stops where there's children, it's not fair. You really think turning Australia into a place like North Korea is the only solution?

        Just because you can't save everyones life from everything doesn't mean there's no point in trying or doing anything about it at all. Why not start from simple things that can be controlled, like no use of phone while driving and no smoking in public areas. Money is something that we all value and can't afford to lose, hence a good deterrence.

        Victims of these type of accidents did not ask or choose to be hit. The driver chose and allowed themselves to be distracted, increased risks and gambled with the possibility of causing an accident. Whether only 3 people have died from this type of accident or 100, it doesnt matter, they're still someone's daughter/mother/sister/brother/father etc.

        • gimme on 18/10/2015 - 18:05

          Actually they do. They affect you and me more than you think. They clog up the health system for the 'genuinely' (or rather not by lifestyle choice) sick. The redirect funds away from many essentials etc. So a little bit of lateral thinking goes a long way.

        • Ughhh on 18/10/2015 - 18:20

          True, not arguing against that, but what I mean is that it doesn't affect you directly. You cant just stop people from eating and drinking, forget about junk food, drinking too much water in one go can lead to water poisoning. If you think about it, these two issues (phone in car vs bad eating) are very different (from the cause to the outcome), thus involve different methods of tackling.
          Funds get redirected away from essentials, and dangerous drivers redirect people (your partner? your mother?) to the grave.

        • Serapis on 20/10/2015 - 21:01

          @gimme: This is illogical. There's balance between impinging on the freedom of people and acting in the interests of the public. While a person with an unhealthy lifestyle may have a negative impact on the public health system, the only ones that actually reap the detriments are themselves (to their own health and wellbeing). In terms of this it is possible to introduce 'junk food tax' but fine citizens like yourself and also large companies have lobbied against this in the past accusing the government of taking revenue raising measures.

          In the meantime, while penalties and fines are also affecting your ability to use the phone, it is in the interests of the public that it be prevented as much as possible as the ones detrimentally affected is not just the driver / phone user but other road users and pedestrians as well. And again fine citizens like yourself are up in arms about revenue raising. So unless you agree, no fine but they can smash your phone on the spot or you come up with a better idea, just accept it and move on.

          This is not even an argument you're putting forward but rather a disguised attack against authority.

        • gimme on 20/10/2015 - 21:52

          @Serapis:

          I never use my phone in the car. It's just the self righteous misguided rubbish I have a problem with.

          Incidentally I'm allowed to sing karaoke in the car while squeezing my balls to hit the high notes. Can we legislate against that please as it's just as ditsracting.

          NB The line was crossed long time ago, it's just that some are too ignorant or scared to see it. And no, your poor health choices affect me in many ways…. For starters im paying for it….

  • 2fiddy on 18/10/2015 - 17:59

    You could appeal it in court or write a letter in for the fined to be waive if it's your first offence. There's no way to get your demerit points back.
    Speaking from personal experience, i got pulled over and fined because i took my phone out of my pocket and into my cup holder at the lights. Apparently, the new rule is, if you touch your phone in any capacity when you're not parked in a spot, you will be fined.

  • Godric on 18/10/2015 - 18:02
    +1

    People just can't keep off their phone anywhere or anytime these days, screw safety I best 1 up a post i saw on Ozb!

    • [Deactivated] on 18/10/2015 - 21:15

      riiiight….

  • Azn310 on 18/10/2015 - 21:55
    +1

    Not sure if this has been mentioned, iam too lazy to read thru all the comments. I know in some states / territories, you can do community work instead of paying the fines. Look it up. Also, if you have a long clean history of driving, say 5 years and above, a leniency letter might just work in your favor. Good luck and please dont repeat your mistake or try other mistakes in the future.

    Phone mounts are like 2 dollars on eBay, order like 10 and keep them around, maybe 2-3 in each car, one in your work bag, one in gym bag etc.. Knowing they do fail with time.

    Even with the phone mounted correctly, you are not allowed to touch it unless you have pulled over safely in park position (maybe with engine off? Not sure about this). Not even interacting with GPS at red light (i do this sometimes, but after seeing your post, i ll stop doing it, 450 bucks is just too much)

    • 4tran on 19/10/2015 - 11:00
      +1

      In Victoria, the only way you can do community work is if the fines have become warrants and the sheriff's officer have contacted you, work out the total amount of fines you have and will decide if you are eligible. Most of the time they don't because it is a time consuming task.

  • mirridon on 19/10/2015 - 07:50

    Yeah there's nothing you can do about this. You're not even allowed to touch your phone if it's in a cradle anyway while driving so that's not really an excuse. The only reason why I think you would use your phone while driving is for the nav. Everything else can either be controlled through bluetooth, or be something ill important that can wait. So why were you even holding your phone?

    I wouldn't try to appeal it. I mean you could, but it would be a waste of time. Suck it up, and pay the fine. Don't do it again or you will gain another 8 demerits aka loss of license.

  • alz on 19/10/2015 - 10:22

    Cop the demerit points, pay the phone and stop whinging. You broke the law!!!

  • 4tran on 19/10/2015 - 10:57

    I can tell you now all fines amount are in regulations with the Road Safety Act and the State Government so it is not possible for you to get a reduced amount. The demerit points is set by Vicroads which cannot be reduced. So it is either the whole fine is withdrawn or you pay the full amount.

    You are more likely to be able to appeal speeding and parking fines, especially if you have a clean record.

    That's not to say you haven't committed the offences before, it just means you haven't been caught. These kind of on-the-spot fines along with red light infringements are near impossible to get out of, the only way of getting out of it is contesting it on the basis of contrary-of-law meaning you didn't break the law aka the police officer was lying or did not see properly. The only way to prove this is by taking Victoria Police to court and present your argument.

  • Mysterious Laptop on 19/10/2015 - 12:45
    -1

    If you know that it's dangerous and know it's your fault, why are you complaining and trying to find a way out? Just pay the fine and move on you numpty.

  • Slippery Otter on 19/10/2015 - 13:15

    I'm getting a fine soon as I just got busted by a fixed camera. I went through a red light arrow. I didn't know the camera can still catch you if you're on the opposite lane… Maybe they have upgraded them recently to detect opposite lanes now?
    Anyway I've accepted it, You just going to get caught one day.. it looks like today is my day.

    Just pay and move on. At least you get points on your CC when you pay for it:)

    • [Deactivated] on 19/10/2015 - 23:41

      RLCs will always photograph you from behind. This could be from any angle, across any number of lanes. The aim of RLCs is to photograph your car in motion twice (within a second of each other) disobeying a facing traffic signal.

  • Twodogs on 19/10/2015 - 13:54

    Not a fine for a phone but worth a try .I received a speeding fine last month 91 in a 80 zone , my first speeding fine in at least 20 years .

    As per a post here years ago in ways to get off from paying a speeding fine I faxed a form from their website saying it was all my fault and mentioned my driving record and they forgave the fine woohoo.

    All it costs is time to send the Fax .

  • [Deactivated] on 19/10/2015 - 15:17

    Im from Vic but travelling from syd on the hume, I got pinged by nsw coppers for mobile. I wasnt even using it it was on the seat, it was at night, and it rang and lighted up the whole car just as they were behind me. What rotten luck.

    Same with that copper he told me they have been instructed to NEVER let off anyone for mobile or seat belt. Apparently oz wide. I wrote to nsw pol but to no avail, got same answer: they never let snyone off for mobile or sest belts.

    So theres your answer, you can try but probably wont get it withdrawn.

    P.S. Forgot. The 10 yr rule of no fines does not apply to these 2 infringements.

  • lime111 on 19/10/2015 - 17:45

    In NSW, as others have mentioned you can go to court and ask the judge to review under "section 10", I presume VIC has a similar provision. In section 10 you actually plead guilty but explain your circumstances and the judge has the discretion to overlook the offence.

    Basically they look at your driving record and anything else provided and then decide whether to grant it, not grant it, or throw the book at you. I recently (and successfully) did this, but through the day I saw a judge do all 3, depending on the circumstances. They really only upped the fines for drivers trying to get off again even though they'd claimed multiple section 10's in the past (as you would expect). Ultimately you should decide if a day off work is worth it vs paying the fine, vs a day off work and still paying the fine.

  • imahapyboy on 19/10/2015 - 18:07
    -1

    be a man! pay the fine! show us the receipt!

    • Azn310 on 19/10/2015 - 22:12

      I wonder if they allow paying in person? If so, split payment into 5, 4x$90 and 1x$95, and paywave with ING, 2% cash back, save $8~

  • gimli on 19/10/2015 - 21:54
    +1

    LOL op's last post was more than 4 days ago

  • azshade on 20/10/2015 - 11:34

    I had a fine (driving in the right lane in a 90 zone). I used to do it on purpose because the left lane was often full of traffic turning off at the next exit ramp. On this particular day it was university holidays so no traffic, but being a creature of habbit I was still in the right hand lane.

    My fault, no doubt. Fine was (at the time) about $300.

    I had a completely clean record. Appealed it at court for leniency simply based on my clean record and it was totally dropped.

    It is indeed possible, mostly if you have a clean record, to appeal. But you generally can only do it the one time (from what I understand).

    • StewBalls on 21/10/2015 - 08:01

      Damn, I normally do the same thing in the same spot for the same reason…but then I stay in the right lane so cars can more easily merge at the on ramp just a bit down the road…I might have to rethink this plan if the cops are going to be savage on it.

      • azshade on 22/10/2015 - 16:49

        Yep it's pretty heavy. As I said (and it was essentially the nature of my court appeal) the road I drive on was a inner city bypass. The first exit was for the university and often the left lane was chock a block full of cars, so I would always go into the right lane (since I was going ahead) and then after the university exit I'd merge into the left lane.

        On that day it was university holidays. I was doing the 90km in the 90 zone. There were no cars behind me. The cop was the nearest car, and I didn't even know he was a cop until he flashed his lights (marked car, so that shows how far back he was).

        ~$300 fine and 2 demerit points.

        I was 100%, by the book, at fault. But it was actually the cop himself that suggested to appeal it. He said himself "If you've got a clean record, you should be able to have it waived."

        In the old days he'd probably have just given me a warning but now that everything is recorded they probably can't risk it due to corruption and shit.

        Regardless, went to court and the judge basically said "Hey, don't do that. Besides, it's really annoying when people sit in the right lane. No charge recorded."

        So phew for a clean record!

        • andyken on 26/10/2015 - 16:59

          did the police who fine you attend the court as well? are you plead guilty and ask for leniency? just curious :)

  • tmg316 on 21/10/2015 - 15:20

    I agree that you can use your phone responsibly while driving and its not that different to speaking to a passenger. The problem is not everyone else can, and so we've all gotta take one for the team because of the teenager whose texting behind the wheel. That's just living in a society. Pleading for mercy is probably the only thing you can do but your chances aren't good.

    • jelko on 21/10/2015 - 15:52
      +3

      Talking on the phone is not like speaking to a passenger sitting next to you. It is significantly more dangerous talking on the phone (even with a handsfree kit) than talking to a person in the same vehicle.

  • malouphix on 23/12/2015 - 12:55

    Accept responsibility for your own actions. You did the crime, you do the time, there are no excuses.

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