Speeding Fine SA for Traveling American - Is It Worth Disputing?

LAmericanInOz on 17/06/2018 - 17:05

Hi all,

I'm 23 years old and came to SA from the States in the beginning of February to work a vintage in Adelaide. I was recently traveling back to the city from Barossa valley and decided to take the more scenic, country route as opposed to the main highway (my first mistake). Anyways, one moment I'm traveling happily along an 80km/hr road going slow to take in the views of the country and pulling off to let people pass, and the next I'm getting pulled over for speeding. The officer informed me that the speed limit had been reduced to 50 km/hr and her radar gun caught me doing 66km/hr. This resulted in a whopping $460 fine… When I noticed the highway began to go through a neighborhood I slowed down to 65 km/hr, but I was still completely under the impression that the speed limit was 80 km/hr. In hindsight I suppose I should've known the speed limit would drop to 50km/hr in a more inhabited area, but again I did not see the sign at all.

I am all for accepting responsibility and paying a fine, but I really can not afford to pay the $460 for this ticket. Has anybody had any success in asking for this to be reduced to an official warning, or at least for them to reduce the fine? In 6 years in driving in the States I have never received any kind of moving violation, and in the 3 months of driving in the city of Adelaide I have had no problems and no infractions.

Please help an unfortunate, broke traveler and thank you in advanced.

Automotive

Comments

  • Xetrok on 17/06/2018 - 17:36
    +6

    They will say ignorance of the law is not an excuse.
    It will either be 50km/h due to being a built up area or signed/marked.
    http://mylicence.sa.gov.au/road-rules/the-drivers-handbook/s…

    I think an exemption/downgrade to warning for first infringement is generally only given when 10km/h or less.

  • Randxyz123 on 17/06/2018 - 17:37
    +21

    Welcome to Australia… Where speeding is crazily expensive.

    All you can really do is write in and ask for leniency. If you can maybe get a copy of your US driving history. Write in, admit you were wrong, maybe that you were concentrating on driving on the other side of the road and ask if there is a way the fine can be reduced to an official warning.

    I wouldn't bother going to court if it comes to that. What you can do is ask for a payment plan.

      • HighAndDry on 18/06/2018 - 10:57
        +14

        Ha. I guess suckers like you are why the govt can keep profiteering off of shady tactics like this.

        • norrisrules on 18/06/2018 - 11:30
          -1

          By shady tactics, are you referring to a police office enforcing the posted speed limit when a highway enters a town center?

        • HighAndDry on 18/06/2018 - 12:17
          +19

          @norrisrules: I'm talking about continual speed changes on the same road with same surface quality, straight-ness, visibility, etc between 80km/h to 50km/h, and sometimes between 110km/h and 50km/h. And then placing speed traps immediately after the speed limit change. It's utterly ridiculous. The most generous interpretation is shitty road/urban planning, but considering the government's track record when it comes to revenue raising, I'm not going to extend them the benefit of the doubt.

        • pjcook on 19/06/2018 - 07:56
          -4

          Haven't had a speeding ticket in years. Easy, just obey the speed limits…

        • p1 ama on 19/06/2018 - 11:23
          +16

          @pjcook: I never understand this argument, great you've never gotten a ticket. Doesn't necessarily make it a good law or policy.

        • [Deactivated] on 19/06/2018 - 22:13
          -2

          @pjcook:

          Watch this video and educate yourself. https://www.youtube.com/watch?v=5lhCR2bhzB4

    • Brianqpr on 19/06/2018 - 16:14

      Tried this some years back based on a clean and long UK driving history and got nowhere. On the other hand my wife was caught about 30k over the limit and got let off because she had no prior Australian offences over (I think) the previous 10 years.

  • sixplusseven on 17/06/2018 - 18:12
    +2

    Have a read of https://www.lawhandbook.sa.gov.au/ch20s02.php but (from what you've said) none of the categories are valid for this instance.
    Pretty much your only hope would have been for the officer at the time to warn you rather than issue a fine, but once it's issued there is no "real" way out.

  • PissLUR on 17/06/2018 - 19:21
    +1

    Pay the fine.

  • AmericanInOz on 17/06/2018 - 19:46
    +1

    Okay, thank you guys, doesn't sound too great for me, but I think it might still be worth a shot to send an email asking for leniency like knick said. I can get a copy of my US driving history, but does anyone know where to start the process as far as who to write and how to reach them? Any advice would be greatly appreciated.

    • pjetson on 17/06/2018 - 20:01
      +5

      In Victoria, the details are on the infringement notice.

    • andy19363 on 17/06/2018 - 20:54
      +2

      apply online at www.police.sa.gov.au
      Will only be reviewed if considered 'trifling'

      An alleged offence will, for the purposes of this Act, be regarded as trifling if, and only if,
      the circumstances surrounding the commission of the offence were such that the alleged offender
      ought to be excused from being given an expiation notice on the ground that—
      (a) there were compelling humanitarian or safety reasons for the conduct that allegedly
      constituted the offence; or
      (b) the alleged offender could not, in all the circumstances, reasonably have averted
      committing the offence; or
      (c) the conduct allegedly constituting the offence was merely a technical, trivial or petty
      instance of a breach of the relevant enactment.

      Expiation of Offences Act 1996

      Good driving record means nothing (recently had 1st offence after 37 yrs of a clean licence)

      Good luck….. costs nothing to ask for a review

    • MetaphorOZB on 19/06/2018 - 15:02

      If they don't give you any leniency, ask for a payment plan so that you can pay the fine off gradually seeing as you don't have the cash to pay it immediately.

  • picklewizard on 17/06/2018 - 20:07
    +2

    Can you show us on a map where this happened?

    • AmericanInOz on 17/06/2018 - 20:36

      It happened on B31 (Scott Street) in Kersbrook. I was traveling from the Barossa back towards the city. Hopefully that helps, I'm not at all familiar with the area so I couldn't tell you were in Kersbrook besides that.

      It was 80 km/h pretty much the whole way leading to the city and I was going slow (being an American tourist) looking at the country side and watching out for kangaroos.

      • bumblebeetuna on 18/06/2018 - 09:17
        +1

        You mean here?

        https://goo.gl/maps/e9a5hzYGM7J2

        I think like others have said, ignorance isn't an excuse. Neither is watching for kangaroos.

        • [Deactivated] on 19/06/2018 - 22:19

          Are you implying that everyone should get fined, because everyone will eventually make a mistake? What's the point of a system that doesn't account for the history of the driver, circumstances and situation?

        • andy19363 on 22/06/2018 - 10:03

          @jared444: revenue?

  • Ughhh on 17/06/2018 - 20:12
    -1

    When you exit the Adelaide airport, there's a signage that says it's always 50km/hr in suburbs unless otherwise stated. 65km/hr would still be too fast.

    • AmericanInOz on 17/06/2018 - 20:39

      I understand that now…

  • [Deactivated] on 17/06/2018 - 20:38
    -4

    Suck it up as a lesson and pay the fine.

    As for being a broke traveler, you didn't exactly pick the cheapest country to travel in.

    • AmericanInOz on 17/06/2018 - 20:42
      +3

      No kidding. Still a little harsh for a first time offender.

      • [Deactivated] on 17/06/2018 - 21:14
        -8

        Yeah well, let's just not look at policing in America then.

        Kettle, meet pot.

        Side note, you didn't get fined for driving "American". Don't try to kid yourself.

        • [Deactivated] on 19/06/2018 - 22:37

          Seems like a bunch of butt hurt yanks here.

      • JIMB0 on 17/06/2018 - 21:17
        +25

        At least they didn't shoot you dead.

  • [Deactivated] on 17/06/2018 - 22:05
    +6

    @ Drew22.

    Don't know if you have driven in the USA. We have driven well over 3,000ks from New York City to Tennessee and Arkansas. No body does the speed limit on the interstates. 85 MPH is the average speed. Also 4 years earlier on the east coast. New Hampshire, Rhode Island and Massachusetts interstates were the same.

    We soon learnt the speed limit was not to be taken seriously. That's what he means by "driving American".

      • MrBear on 18/06/2018 - 17:18
        +9

        *behaviour

        No excuses for your spelling. /s

      • smartazz104 on 19/06/2018 - 19:32
        +2

        Yeah I've driven in America and probably a whole lot more than you ever have or will.

        A lot of time behind the wheel doesn't mean you know shit, pull your head in.

        • [Deactivated] on 19/06/2018 - 22:38
          -2

          No tickets…. Must have done something right.

          Unlike the OP

  • [Deactivated] on 17/06/2018 - 23:01
    +11

    Welcome to Australia.

    The sentiments over your heinous crime is that you should be "thankful" you didn't kill or maim someone. Seems to be the default consequence of anything that breaks the law.

    I'd say there's no harm writing in to plea for a reduction or leniency.

    • Diji1 on 18/06/2018 - 00:11
      -5

      you should be "thankful" you didn't kill or maim someone

      I guess you don't know about the thousand people or so that die every year along with the tens of thousands that have serious injuries that change the rest of their life in negative ways such as constantly being in pain for the remainder of their life.

      Well, actually you know but you're making foolish risk assessments like so many usually young male people do.

      • HighAndDry on 18/06/2018 - 10:59
        +4

        Great. Now point to how many of those deaths and injuries are caused ONLY by speeding even 10km/h over the speed limit without other contributory factors like being tired, drunk, drugged, or playing with your phone.

        • [Deactivated] on 18/06/2018 - 16:14

          The driver admitted to being distracted and looking at the scenery at the same time.

          Speeding, plus distracted…. Wasn't just speeding were they now.

        • HighAndDry on 18/06/2018 - 16:56
          +2

          @Drew22: I did. Except they weren't pinged for being distracted, they were pinged for just speeding. And people here are defending just the speeding. No one else except you has even mentioned being distracted - and I agree with you - if OP was dinged for being distracted? I'd have no sympathy… if they were actually distracted enough to pose a risk. They obviously weren't though:

          and pulling off to let people pass

          If they were attentive enough to see people coming up behind them to let them pass, I'd say they were paying attention to the road.

        • [Deactivated] on 18/06/2018 - 16:58

          @HighAndDry:

          "happily along an 80km/hr road going slow to take in the views of the country"

          Yeah its fine that they saw the cars and let them pass. Whatever.

          But, it only takes a split second of inattention to accidentally kill someone.

        • HighAndDry on 18/06/2018 - 17:06
          +2

          @Drew22: Oh come off it. Utterly no one pays 100% attention to the road when driving. And no, I wouldn't believe you if you said you did either.

        • [Deactivated] on 18/06/2018 - 17:52

          @HighAndDry:
          I use the IPDE technique.

          You gotta IPDE all the time when you're driving.

          IPDE!

        • Meconium on 19/06/2018 - 12:43
          +1

          @tshow: En-ra-ha! EN-RA-HA!

      • Brianqpr on 19/06/2018 - 16:17
        +2

        There's a lot of other measures they could take to prevent speeding. Those wouldn't make state governments any money though.

    • burningrage on 19/06/2018 - 18:27
      +1

      Yea. Sick of that excuse as if life is effing linear like that.

      OP I am sorry to hear this. It could happen to many people as well and it doesnt appear you are a habitual speedster.

      Just write to the police you have nothing to lose.

      And try to visit other states next time as SA as you have found out is not that welcoming at all nor forgiving even to those who make innocent mistakes.

  • Melb69 on 18/06/2018 - 00:00
    +5

    Victoria is the granny state. Lucky you weren't driving here. Travellers should get a discount. Or at least a warning. Its just bad luck mate.

    • [Deactivated] on 18/06/2018 - 00:28
      -1

      Why should we subsidise tourists?

      Clearly you've never been to NSW if you think Victoria is the granny state.

      • Melb69 on 18/06/2018 - 00:35

        Im sure if you were overseas youd like some leniency from the law. But hey the rules the rules. For everyone they catch theres hundreds breaking the law.

        • [Deactivated] on 18/06/2018 - 00:40

          Expecting lenience and be deserving of leniency are two different thing.

      • [Deactivated] on 18/06/2018 - 17:53

        It's as much a subsidy as tax relief is "giving" money to the rich.

  • laurajayne85 on 18/06/2018 - 08:54
    +3

    It can't hurt to write a letter. As someone else said if you were going less than 10kph over the limit, chances are you could get away with a warning. You could prob get it downgraded to a fine of less than 10kph, just make sure you apologise and admit that you were at fault in the letter

    • AmericanInOz on 18/06/2018 - 19:15

      Thank you, yeah that's really all I'm hoping for right now is a reduction. Appreciate the comment!

  • Ozpit on 18/06/2018 - 09:20
    +4

    Apart from being an essential revenue source for running all government services, traffic fines are also meant to be painful in an attempt to curb dangerous and anti-social behaviour. And in the main they work.

    But one does wonder where the additional revenue that fines provide for government services would come from if pretty much everyone always obeyed traffic laws.

    Mate, I sympathise with you, being a tourist and new to Aussie roads and rules. Sure, go ahead and write a letter (better than email) to see if you you can receive a waiver or fine reduction (highly unlikely for a speeding offence), but I say cop the fine, know why it was imposed, and be more careful in future (which I'm sure you already are).

  • natacon on 18/06/2018 - 10:06

    Good luck but I don't like your chances. Similar thing happened to my sister in SA while on holiday from London. Didn't see the sign when the speed limit was reduced and got hit by a speed camera. Tried to get the fine reduced or dismissed but no dice. Still had to pay the lot.

    • Nickels n Dimes on 18/06/2018 - 13:27
      +1

      You are probably better off getting hit by the camera than being hit by the sign, that would have hurt a lot more IMHO.

  • jhmtaylor on 18/06/2018 - 10:32
    +7

    What you do depends on whether you have an Oz license or US and how long you are planning on being in the country.
    I got nailed driving in the US on a country road and when the police officer started to write out the ticket and then saw I had an Australian licence, he tore up the ticket, told me to go and slow down. If you do not pay this fine and they realise that they have to send the summons to the US I think they will bury the problem because it is too hard. I think the emphasis placed on speed limits and road safety is overblown and it is just another way for the Government to raise money. They frequently place the speed trap where they can raise the most revenue and not where the conditions are most dangerous so I am happy to help you also game the system.

    • Quantumcat on 18/06/2018 - 12:44
      +3

      If he ever wants to visit Australia again it would be a bad idea to ignore it

    • Nickels n Dimes on 18/06/2018 - 13:31
      +1

      I have a couple of relatives who hired a car and drove in Australia, got a couple of speeding fines/parking tickets, etc. and left without paying. Unfortunately, they may run into trouble if they ever decide to return here.

      From hitchwiki.org — "If you get a speeding fine on a foreign licence the police will probably tell you that they will track you down. This isn't the case, however if you don't pay the fine then eventually the legal process will result in an arrest warrant being issued for you. If you never intend to go back to that country again, you don't have anything to worry about. However, some countries (e.g New Zealand) will prevent you from arriving or leaving if you have unpaid fines. Bear in mind penalties can become severe if the fine is left for any length of time."

    • Randxyz123 on 18/06/2018 - 17:33

      That’s terrible advise.

      OP should pay the fine and move on if they can’t get it reviewed or reduced to a warning.

    • HighAndDry on 18/06/2018 - 17:35

      This might be acceptable advice if OP was here on holidays and leaving very soon, but:

      came to SA from the States in the beginning of February to work a vintage in Adelaide.

      So no - he's going to get sent fines and actually have to face the music, imminently, if he doesn't pay. Honestly the best advice is just to write to plead for leniency and otherwise cop it on the chin.

    • Cleartripe on 19/06/2018 - 20:37

      Had a friend of mine from US caught for the same offence. The police officer was kind enough to advise to not bother paying the fine if he did not intend to come back to Oz.

  • HeWhoKnows on 18/06/2018 - 17:38
    -1

    Its all black and white to me.
    Guilty as charged.
    Pay the fine

    Next time pls just get to the facts and never mind about your sight seeing tour.

  • Birchy on 18/06/2018 - 19:58
    -3

    You are out of luck, there is no way out of this than just pay. Your American driving history does not mater in South Australia. If the South Australian government reduced fines for speeding when not paying attention and being poor every body would be getting of cheaper fines. You worked in Australia made money now pay the revenue.

  • [Deactivated] on 18/06/2018 - 21:33
    +1

    My son in law a 46 years old Pommie was booked 10 years ago for low range DUI in NSW. The first time he had been booked for anything including England. He had it adjourned to have his English driving record printed and emailed to his parents still in England and sent to him. He was very lucky. He was found guilty with no conviction recorded.

    I would definitely email the appropriate authority and ask leniency. What do you have to lose?

  • bitesized on 19/06/2018 - 10:47

    Hi OP,

    Have you considered moving states? Generally, the transport authority of each state differs, and they won't bother tracking/chasing you down, especially on an American license.

    Plus, if you decide to fly out of the country via another state, for a fine such as speeding, there would be no infringement on your record to bar you from leaving the country. If you already plan to leave Australia soon, as long as you do not return to SA, I reckon you should be fine.

    If you are here for another year or so on your working holiday visa, and if you do not receive leniency - perhaps just move to Queensland or something…

    • Chewiebacca on 19/06/2018 - 10:56
      +5

      Using the money owed towards a speeding fine to move states, true Ozbargainer.

  • Pootie Tang on 19/06/2018 - 11:32
    +3

    How long are you here for? Ignore it and fly home.

  • payless69 on 19/06/2018 - 12:37
    -1

    be lucky, if the cop would have been parked in a 100k zone with his red and blue lights on and say you passed him with 80 wou would be in much bigger trouble. There is a 25k limit in SA going past flashing lights and doing 80 would be $1800 with immediate license suspension and the vehicle in need to be towed to a safe place.
    Every state can do what they want, it is totally different to driving under DUI which is a severe criminal offence likely to be also recorded on your home state.

    • h4zey on 19/06/2018 - 14:48
      +4

      What?

  • scorpiosony on 19/06/2018 - 12:57

    Maybe irrelevant. Just came back from USA, everyone is speeding at least 15mph plus on California highway and 10mph plus in LA metro. (driving 65mph in 65mph zone is even dangerous) I don't see drivers in US respect the speed limit sign at all. No wonder you never received any fine in states unless California is a totally isolated example in USA.

    • thord on 19/06/2018 - 14:24
      +2

      Australia is an outlier when it comes to speed limit enforcement. Most countries are much more lenient and less militant.

  • ilikeradiohead on 19/06/2018 - 13:12

    This doesn't help you situation, but when I was in Texas driving through some small towns I got pulled over for going 70 in a 50 zone (same deal, lower limit in a built up area, missed the speed change sign). The officer wanted to give me a fine but called it in to his dispatch and decided it was too hard to issue a fine to someone with a foreign driver's license, so he let me off with a warning.

  • Twodogs on 19/06/2018 - 13:42
    +2

    If you have'nt had a speeding in the last 2 years you can ask them to cancel to fine , you have to write to the officer in charge " sorry cant remember " and just write admitting the mistake and you have since changed your driving to correct the problem ……. i had my fine withdrawn " in victoria " for a speeding fine 10+ klms above the speed limit. Good luck.

    • AmericanInOz on 19/06/2018 - 18:32

      Thanks twodogs, how were you able to reach the officer?

      • Entropy Sky on 19/06/2018 - 19:49

        Twodogs is correct, if this fails, you can try the same with a Magistrate.

        For first offender, Magistrate is very lenient.

        If still fails, ask for reduced fine, and payment plan.

    • andy19363 on 22/06/2018 - 10:07

      won't happen in SA……. previous driving record is not relevant

  • [Deactivated] on 19/06/2018 - 14:19

    Well you did miss the sign so the fine is legit, you should have been paying more attention to the road.

    I don't think an internal review would be successful.

    You might get a sympathetic judge to reduce the fine if you take it to court and plead guilty.

    If you are leaving soon and not coming back you can buy more time by asking to take it to court and by the time the court case comes up you'll be gone.

  • thord on 19/06/2018 - 14:23

    Has anybody had any success in asking for this to be reduced to an official warning, or at least for them to reduce the fine? In 6 years in driving in the States I have never received any kind of moving violation, and in the 3 months of driving in the city of Adelaide I have had no problems and no infractions.

    It's ALWAYS worth an attempt to ask for a reduction or leniency. But the honest answer is Australia has a stick up it's arse about this stuff. It is completely different to Europe or the US where people and the governments don't care about speeding as much. Decades and decades of government propaganda have removed any sympathy you'd get from most australians, so it's pretty unlikely to be successful, but yeah, you could try. I certainly would try before paying it.

  • daleyboy79 on 19/06/2018 - 14:23

    Something else to consider … wait till you get the fine, call them up and say yes i want to pay it but i just cant afford it but am happy to accept a payment plan of e.g. $20 per week.

  • nahi11 on 19/06/2018 - 21:26
    -2

    If you don't like it then leave it.

  • Plug on 19/06/2018 - 23:01

    When are you planning on leaving Australia? If it's fairly soon then just put off paying then once you're gone forget it.

  • Cheaparoo on 19/06/2018 - 23:37

    Can avoid the fine and the debt collector enforcers by moving to another state.

  • 50cent on 19/06/2018 - 23:57

    Just don't pay it… What's the worst that they can do?

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