Speeding Fine - Licence Suspension for 1 Month - Submitting A Review (VIC)

Looking4Bargians on 18/07/2017 - 10:23
Last edited 18/07/2017 - 10:30 by 1 other user

Hi everyone,

Just want to get some comments about submitting a penalty review based on the reason that speeding offence happened while coming back from Airport. Picking up someone at Melbourne airport.

I think there was road work going on (not 100% sure) but assuming 60 KM is zone instead of Standard 80 KM zone. I drove 65 KM. Little up on the speed but found out I was wrong when I received the letter last night.

I was fined for driving 65km/h in a 40km zone (due to road work) Western Ring Road, Deer park, Northbound, Approximately 650 Metres south of Ballarat road.

Got $428 fine with 4 Demerit points along with 1-month suspension due to exceeding speed of more than 25 KM and less than 30 KM over the permitted speed.

My question is what are the chances of accepting this for review and give an only warning or lesser punishment?

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Comments

    • D C on 18/07/2017 - 10:55
      -8

      Speeding in a construction zone no less, 'the man' is starting to rather annoyed at people who do that. Someone's favourite Irish lollipop girl must have been run over or something.

      Gotta love the "construction zone? not sure?" from the OP.

  • Baysew on 18/07/2017 - 10:32
    +15

    a penalty review based on the reason that speeding offence happened while coming back from Airport.

    Probably Buckleys & None.

    • Looking4Bargians on 18/07/2017 - 10:50
      -2

      That's what I want to see if I have any chance of getting away with suspension

      • Baysew on 18/07/2017 - 10:56
        +5

        Coming back from Airport doesn't seem to be a reason for a review, does it?

        • Looking4Bargians on 18/07/2017 - 11:03
          -5

          The review based on the reason that speeding offence happened while coming

        • D C on 18/07/2017 - 11:53
          +17

          @ozyboy: Don't forget to mention that it was your sick mother you were picking up, who is in town do she can donate a kidney to small child dying of cancer.

          If you need a reason, give 'em a good one.

          ProTip: they won't give a rat's.

        • bobbified on 20/07/2017 - 09:45

          @D C:

          It's funny - around the year 2000 or so, I got pulled over by a cop and given a ticket for speeding. Got done for 138 in a 110 zone along the M5 in the countryside on a double demerits weekend. I wrote in to say that I was in a rush to do a shit and got let off.(Of course the wording in my letter was a little more formal).

          My idea was that it had to at least be medical-related and something unique. I wouldn't expect that excuse to work anymore without some hard (or watery) evidence.

        • McFly on 20/07/2017 - 09:56
          +8

          @bobbified:

          Was it something like this?
          "Your Highness, might I request you take the time to reconsider the penalty I received for contravening the laws of this fair land, namely, exceeding the posted speed limit by an amount of 28 kilometres per hour, as I was making haste in returning to my abode in order to do a shit?"

        • neyo on 20/07/2017 - 22:27

          According to OP it is a perfectly valid reason

  • Ryanek on 18/07/2017 - 10:34
    +3

    You might have a chance if it was your first offence. If not… then no way Jose.

    • Looking4Bargians on 18/07/2017 - 10:36
      -2

      Well not first but no offence in last 3 years.

      • Ryanek on 18/07/2017 - 10:39
        +5

        You can ask for leniency for the suspension if driving is required for work. My friend got off on a warning for being slightly over on a DUI because she's a nurse.

        • Looking4Bargians on 18/07/2017 - 10:45

          Yes, it is. do I need a lawyer or I can write a letter along with the notice which they sent? as well as, not sure where I can find if there is speed zone reduced to 40km. can't seem to find anywhere for this information.

        • Slippery Fish on 19/07/2017 - 09:08

          @ozyboy: ask the local council maybe?

        • Gershom on 19/07/2017 - 12:12
          +12

          [@ozyboyy(/comment/4888677/redir):

          do I need a lawyer or I can write a letter along with the notice which they sent?

          No, you won't need a lawyer. Just tell them you were picking someone up at the airport and they will drop all the charges. Also tell them that it would be inconvenient for work, and they will give you a free pass for speeding in the future. The last thing the courts want to do is to inconvenience a hoon.

        • EmCKay on 19/07/2017 - 22:44
          +4

          I'm not sure that I am comfortable with the fact that anyone got a warning after a DUI let alone a nurse who should know better since I am sure she deals with alcohol related incidents often and knows how alcohol affects the body.

        • Ryanek on 20/07/2017 - 08:24

          @fiza1981: We're all human mate. She was barely over the limit with no priors.

      • D C on 21/07/2017 - 08:52

        So what were you done for three years ago?

        Speeding as well?

  • ThithLord on 18/07/2017 - 10:46
    +3

    There is zero chance you'll get a warning if you were driving 25KM/h over the speed limit - especially in a Road Works zone. In QLD I believe the fine is much higher if it's in a Road works, so consider yourself lucky.

    • Looking4Bargians on 18/07/2017 - 10:47
      -2

      I am ok with the fine if I made the mistake but can't afford the suspension.

      • D C on 18/07/2017 - 10:57
        +10

        It'll give you time to think about what you did.

        Put up another post asking for short-term hobby advice.

      • explosion on 19/07/2017 - 19:24

        Talk to the prosecutor on the other side before your appeal is heard. If the prosecutor agrees not to oppose for work license..you will get work license which is mostly will happen. Need a letter from your employer, signed with JP saying you don't have public transport or requires license for work or else we will fire/force leave him from the job etc..this many things should be fine. Or you can hire a lawyer to make all this happen
        I believe work license should be fine so far you got letter from the employer.

    • oztite on 19/07/2017 - 22:47
      +6

      to be honest, there is a lot f road work going on atm in Vic particularly on freeway. If you go anywhere near the advertised reduced speed limit, you will have a pile of cars tailgating you (and frequently huge trucks that def cant sop in time if you even brake a little). Damed if you do, damned if you dont…

      • Mrgreenz on 21/07/2017 - 07:39
        +1

        Yeah I tend to agree, most construction zones speen limits tend to be ignored or seen as a resuce speed sign rather than a limit especially if the drop is 40kmh or above (i.e 100 to 60). I would imagine slowing to the signed speed at the first sign is as, if not more dangerous than maintaining the regular speed seen as as soon as you do you have upto 40kmh speed difference to most people who ignore them.

        It needs to be enforced more or removed IMO. I would say enforced more if you have people on the ground working.

        • Looking4Bargians on 21/07/2017 - 09:12

          and no one was working ( may be planned to work later mid-night) Empty highway….

        • Piranha2004 on 21/07/2017 - 13:22
          +1

          @ozyboy: Its not a matter of whether anyone was working. Construction zones are usually cramped and contain additional hazards which is why the speed is reduced.

  • bongom on 18/07/2017 - 11:08
    +2

    You can only apply for a warning if under 10kph but you can apply for an internal review.

    http://www.police.vic.gov.au/content.asp?Document_ID=10369
    http://www.police.vic.gov.au/content.asp?Document_ID=10367

    • Looking4Bargians on 18/07/2017 - 11:13

      So there is no way I can get my suspension waived?

      • JimmyF on 19/07/2017 - 23:17
        +1

        Thats correct…. you'll be stuck with 1 month of walking.

        If you need a licence for work, you better prey you have 4 weeks holidays up your sleave.

        • D6C1 on 19/07/2017 - 23:48
          +4

          Sleeve

        • tomleonhart on 20/07/2017 - 07:28
          +3

          Pray*
          Holiday*

        • McFly on 20/07/2017 - 09:58
          +2

          of*

        • johnno07 on 20/07/2017 - 16:37
          -2

          sleeve: noun
          When you have leave up your sleeve.

        • johnno07 on 20/07/2017 - 18:30
          +1

          @johnno07: autocorrect you've failed me!

        • AttiHawk on 21/07/2017 - 01:14

          @tomleonhart:

          To be fair they are kinda related these days… the first "prey" does appear to be happening with horrific regularity, after quite a lot of the other "pray"…

    • McFly on 20/07/2017 - 10:00
      +4

      you can apply for an internal review.

      Sounds painful.

  • chumlee on 18/07/2017 - 11:23
    +34

    Your only chance is to take it to the magistrates court and tell the magistrate you are guilty of offense and the constant changing of speed limit onbthat section of the road was confusing and you thought it was 60km and you accept the fine and offense but request license not be cancelled as you need it for work etc etc

    • Looking4Bargians on 18/07/2017 - 11:31

      Thanks, mate Do i need to write a letter before taking to the court and use the same wording in court?

      • chumlee on 18/07/2017 - 12:48
        -5

        If you dont pay the fine it ends up going to magistrates court so no need for you to do anything yet. You will get a notice to appear.

        You can use the same wording just pretty it up

        • Euphemistic on 19/07/2017 - 06:41
          +8

          I wouldn't do that. You need to be proactive in order for any magistrate to take you seriously.

        • chumlee on 19/07/2017 - 06:53

          @Euphemistic: thats how the system works. You dont just ring up and book a day in court.

        • GaryQ on 19/07/2017 - 08:58
          +2

          Maybe not, but you can use the rear of the ticket to

          http://online.fines.vic.gov.au/fines/content.aspx?page=38#Ho…

        • caferider on 19/07/2017 - 11:16
          +5

          @GaryQ: coming from someone that is very familiar with the system…

          Return the ticket electing to go to court.

          On the day you have a better chance at keeping your licence if you have a lawyer do the talking for you!

          Case closed!

        • Finde on 19/07/2017 - 18:48

          Yeah don't listen to him. You have a certain period of time to request the infringement to go to court. If not done within a specific timeframe then it's an admission of guilt and the debt goes to the Sheriff's office.

        • MrTweek on 19/07/2017 - 20:55

          Correct me if I'm wrong, but I'm pretty sure the suspension still applies, even if you don't pay the fine.
          They usually give you a start and end date in the letter.

          Would be pretty rad if you could just get the suspension postponed by not paying, eh?

          Not paying the fine means you are still suspended (and get more fines if you drive anyway) and a letter from the Infringement Court.
          Ignoring that will get you a visit from a Sheriff, who can do things like take money from you, seize your belongings, suspend your licence, cancel your registration or impound your car.

          I don't think it ever goes to the Magistrates Court by itself. You need to challenge the fine and apply for a hearing.

        • bobbified on 19/07/2017 - 21:33
          +1

          If you don't pay the fine, it'll end up with the sheriff's office and they'll add more fees.

          Need to fill in the back to nominate a court date.

    • Cheapskate Paul on 18/07/2017 - 23:09
      +3

      This is very good advice but if your licence is that important to you then you should get a "cheap" lawyer who specialises in this area.

      If you can just take a month off work during the suspension that might be good idea otherwise get the lawyer.

      I got done for 128kmh in a 60 zone about 30 years ago when I was a bus driver. I lost my licence for six months but luckily my employer (the state government) let me take six months leave, most of it unpaid. At least I kept my job. I sold the motorbike!

      • GaryQ on 19/07/2017 - 08:59
        +23

        Did Keanu Reeves play you in the movie version?

      • Marty131 on 19/07/2017 - 15:03
        +25

        When I was reading this I thought you were driving the bus at 128km/h. Sheesh!

      • [Deactivated] on 20/07/2017 - 06:44

        How did they clock your speed?

        • devilbabies on 20/07/2017 - 22:31

          stop watch and power poles? pacing/matching speed?

          (cops in the usa started using radar guns in 1954. anyone know what year aussie cops got radar guns?)

        • Cheapskate Paul on 22/07/2017 - 20:13

          It was a manned speed-trap.

  • dasher86 on 18/07/2017 - 12:34
    +1

    i'm slightly worried myself now.
    I did that stretch of road on Friday and probably did the same as OP and everyone else around me.
    Keeping up with traffic and changing speed limits can be confusing.

    • Looking4Bargians on 18/07/2017 - 12:43

      and more over it is not 40KM zone area, The offence detected by a road safety camera?
      At night 10:40 PM ?

      • dasher86 on 18/07/2017 - 12:53

        I haven't got a letter yet but i would have been circa 9pm.

  • Qkumber on 18/07/2017 - 21:59
    +1

    That's from the fixed cameras south of Ballarat Rd. It would have been on your way to the airport not on the way home as it says northbound in your description of the location.

  • Euphemistic on 19/07/2017 - 06:47
    +8

    I got done doing a silly speed while overtaking some other cars many years ago. Saw a solicitor, appealed the suspension in court after pleading guilty and paying the fine. The outcome was I had to attend a traffic safety course, and after passing the course had my suspension reduced from 3months to 2 weeks which happened to be over the Christmas break. Cost me a bomb, but I didn't need to burn up all my leave taking a break from work. Work required lots of driving at the time. Talk to a legal professional, plead guilty and contest the suspension in court if you need to, although they certainly have toughened up speeding fines etc since I got done.

    • [Deactivated] on 19/07/2017 - 08:23
      +2

      Best advice so far.

    • Looking4Bargians on 19/07/2017 - 12:38

      How much did it cost you that time ? The whole exercise?

      • WhyAmICommenting on 19/07/2017 - 19:42

        One guy I know of was suggesting a few grand bit wouldn't tell me exactly

      • Euphemistic on 19/07/2017 - 20:48

        I think mine was about $1300 fine and $1800 solicitors fees. And yes, I have learned that lesson. According to the cop I was lucky he didn't take my license on the spot,which was about 1-1/2 from home and in a work car.

    • McFly on 20/07/2017 - 10:04

      after passing the course

      … at a safe speed…

  • furys12 on 19/07/2017 - 09:10

    maybe if it were a regular road with nobody around you'd have a chance but you really have no good argument, you were apparently aware of the reduced speed limit, but not aware enough to know what it actually was, and you still sped over what you thought it was, throw in the roadworks and the years of speeding is bad the gov clings onto and i don't like your chances, especially since it sounds like you have a record, i'd say go grovel in court but i think you'll be better of saving the money for the month you'll be bussing it

    • Looking4Bargians on 19/07/2017 - 12:48

      Do I'll be charged more than my fine if I elect to go for court?

      • chumlee on 19/07/2017 - 14:11
        +1

        If you are not successful in your court appeal you have to pay costs. It's approximately a few hundred dollars plus the fine you still have to pay

  • lainey13 on 19/07/2017 - 11:18
    +4

    Not sure about review but saw plenty of people representing themselves at Magistrates Court for all kinds of traffic related stuff. Registrar was pretty lenient, so long you're remorseful, state that you were very confused with signage, do all the 'your honours' etc, then on a good day they'll let you off with good behaviour. Fine if you're unlucky. Saw some rich guy, the only one with a lawyer, did 40km over the limit, only received a $800 fine and 1 month license suspension instead of the 6 months and he wasn't very remorseful and the lawyer wasn't even that great! Needed it for work. And you can still drive until your court date. A court appearance sounds very scary but it really wasn't that bad.

  • ibuy on 19/07/2017 - 13:17
    +2

    Hi there

    I can tell you from experience that given the level you exceeded the limit it is highly unlikely that your application will succeed. I had that problem over 10 years ago coming down a hill on an overtaking lane because a driver was playing games and not letting me pass. He kept doing 90 and then as soon as there was an overtaking lane he would speed up so you could not overtake him. It was so frustrating that At the next overtaking lane I went up to 110 to overtake him but unfortunately as I was coming down a hill it ended up being 138 by the time the radar picked it up - I reckon the radar just tracks the highest speed possible for the maximum fine - and as a result 3 months of no driving. Due to the speed being so high and my situation I wrote a letter however no leniency and just more reprimanding from the traffic offences office. :(

    So you can try however I think it will be a lost cause.

  • dlakers3peat on 19/07/2017 - 13:52
    +3

    have to say being from NSW drivers in VIC do it very tough. no warning signs for fixed and mobile speed, safety or red light cameras. the highway patrol in VIC seem to be very vigilant in revenue raising.i have never seen police enforcing roadwork speed limits in NSW I have been driving for over 25 years. also cameras in VIC seems positioned in a way that is quite hidden. try the review process but failing that you will need to go court.

    • R-Man on 19/07/2017 - 15:30

      We do have warning signs for many fixed cameras, at least in all the ones I know of in the South East suburbs. Not sure if warning signs are mandatory or not though.

    • JimmyF on 19/07/2017 - 23:24
      +1

      Tell me about it…. Check this map out if you want to be freaked out!! http://www.camerassavelives.vic.gov.au/home/locations/

      • DerpFactory on 20/07/2017 - 17:01
        +1

        Imagine if they spent that money on improving poorly designed roads and on car technology instead of spending it on methods to make more money

        • [Deactivated] on 24/07/2017 - 08:02

          Imagine of they raised the standards of driver training and assessment.
          Mind you, poor driving makes money. Improve the standards of driving=less money.

        • DerpFactory on 03/08/2017 - 22:59

          @4sure: I don't agree. Sure there are bad drivers but we're only talking about speed cameras and fines here.

          It only takes 3 seconds to go 5km over the speed limit and incur an absurdly costly fine (probably less in faster cars). It's unsafe to constantly look at your speedo every 3 seconds. It's safer to go with the traffic.

          -Speed deltas cause accidents, not speeding.
          -If you're the only car on the road, how is it dangerous to go 5km over some randomly specified limit
          -If fining people is the only way to improve the roads then why isn't it working
          -Why not make people do community service instead of financial hardship, not only are you benefiting the community but you'd probably actually scare off more hoons from intentionally speeding.

    • jelreyn on 20/07/2017 - 04:08
      +1

      BTW they do enforce roadwork speed limits in NSW, albeit not very often it seems. The only time I've ever been awarded a speeding ticket was in a roadworks zone on a holiday trip going west on the M4, about 20 years ago though. I had cruise control on - didn't see the roadworks zone sign and associated speed limit sign… no-one was working or anything like that, and I was chatting with a friend and obviously not paying attention - my bad . I just wasn't expecting it… and was younger and even more stupid than I am now… if that's possible.

      Anyway I was pulled over by a police officer, who was pleasant enough. I think I was doing just under 90KM/hr, and the speed limit was reduced to 60KM/hr… something like that. Just lost a few points and received an unwelcome fine. Not a good way to start a road trip holiday :-(

      Things have changed a great deal since then though. Just thinking about it all makes me feel old. sigh

  • picklewizard on 19/07/2017 - 14:05

    Get the photo; see if speed signs are visible.

    Being on the Ring Road, which is a managed freeway (as in, lanes are individually signed and speed limits are variable) you've got no excuse for not knowing what the speed was.

    • JimmyF on 19/07/2017 - 23:25

      photo is free. Just login to the wesbite on the speeding fine and click view.

      Speed sign most likely won't be shown in the photo and if it was, then it goes AGAINST the OPs cause.

  • doctordv8 on 19/07/2017 - 14:21

    You are joking….seriously!

    • JimmyF on 19/07/2017 - 23:25
      +1

      You must be new here….

  • hunterhalo on 19/07/2017 - 14:34
    +3

    Im sorry i have to say abit off topic but. Most of vic drivers deserve it based on my experience. Im living in taylors hill right now from what i have seen there are two construction going on in the area. One at the big round abound when you coming from stalban and one at water garden. For god sake. Slow down people. During day when there are workers i am pretty sure most of people drive pass it doing 45+ because im doing 40 gps speed already anf some how people still pass me. Got flash by an old lady last timr because im doing speed limit??? Even worst at night no worker there. But the bloody 40 sign still on which means it is the speef you must obey isnt it and what 80 at water garden and 70 at the big round abound. People complain that Sydney drivers are baf but everytime i went to sydney and drive by myself people are nice. Give way when i want to merge or really really obey speef limit? Just my personal experience.i remember that time when i do im not sure but 39 to 41 ish the meter is fluctuate abit and im a little bit faster than everyone already. One last thing poeple actually wait when then turn the signal on before merge and do it without hesitation. However when i back to vic. Wow. The front car is playing dodge ball with me or something

    • El Grande on 19/07/2017 - 14:49
      +3

      This. Most people are doing 48-50 when it clearly says 40 during road works. The worst is when there is only one lane and the person behind you is tailgating you because you are doing 40. I have been bullied to go over the speed limit because of drivers who can't read speed signs and reading this would stop me from caving in next time.

  • Powershopz on 19/07/2017 - 15:42

    "My question is what are the chances of accepting this for review and give an only warning or lesser punishment?"

    Absolutely 0 chance.

    Wear the punishment and be thankful you didn't lose your licence for longer. 1 months is nothing in the scheme of things - it's could of been 6-12 had you been going faster.

  • wolfazrael123 on 19/07/2017 - 15:56
    +2

    I think road work=40 is pretty common.

    But I really wonder if the 40 speed limit applies when actually there is no one working. It has been so many times, I saw the sign and slowed down, but actually there was no worker, no equipment, nth there except for signs. I always wondered if cops would be there to check speed.

    • Powershopz on 19/07/2017 - 16:26
      +1

      It does.

      • Looking4Bargians on 19/07/2017 - 17:03

        Thats what happened to me. Road works. Seems 40 sign up on board. No worker around. empty road highway M80. …

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