Going to Court for a First Traffic Offence; Speeding over 10kmh Less than 20kmh, Exeeding 100kmh

Lhrmny on 05/06/2019 - 09:18
Last edited 06/06/2019 - 13:31 by 1 other user

I was pulled over by a highway patrol car at 12:10am after work on the M7 on a long weekend (double demerits). I am a P2 license holder and this is my first offence after holding my licence for around 3 years. I definitely do not deny going that speed but I honestly did not realise that I was that much over the speed limit because there were hardly any cars on the road. It was only untiL I saw the patrol car and checked my speed that I noticed. I completely understand and agree that this is negligent on my behalf but being my first offence and it being double demerits I was hoping to at least get the suspension time reduced. I requested a review and it got declined so I will be going to court this month.

What do you guys think the chances of at least getting the suspension reduced based on the circumstances?

Poll Options

  • 551
    No chance
  • 55
    Possibly
  • 8
    Almost certain
Automotive

Comments

  • The Wololo Wombat on 05/06/2019 - 09:57
    +9

    lol. I teach children and I'm not surprised you have this logic. It's our fault though - as parents and adults we've led you to believe you can be judged by your intentions, not your actions lol

    • Charity on 06/06/2019 - 16:48
      +1

      Time to change teaching methods then perhaps?

  • holdenmg on 05/06/2019 - 09:58
    +3

    So it this Court thing going to be on YouTube…

  • Kenb0 on 05/06/2019 - 10:16
    +11

    I honestly did not realise that I was that much over the speed limit because there were hardly any cars on the road.

    Here's a tip, don't use this as part of your defence arguments in court

  • dust on 05/06/2019 - 10:25
    +5

    Do you like wasting time and money? If so, go to court.

    • holdenmg on 05/06/2019 - 10:46
      +4

      Hire a Lawyer too. Waste even more time and money.

  • loropy9 on 05/06/2019 - 10:51
    +4

    Hey OP, good luck in court. Would you please post back the result of the hearing?

  • EightImmortals on 05/06/2019 - 11:01
    +7

    "I honestly did not realise that I was that much over the speed limit"

    That's why God invented cruise control. :)

    • Danstar on 05/06/2019 - 11:25
      +10

      And a speedometer

      • ShortyX on 05/06/2019 - 13:14
        +7

        And eyes.

        • releasethekr4cken on 05/06/2019 - 15:36
          +13

          and the provisional license system

        • Montyjpm on 06/06/2019 - 09:23

          And brain.

        • cashless on 06/06/2019 - 15:52

          And common sense

    • YellowDieselGolf on 05/06/2019 - 19:40
      +4

      And that’s what Victoria bases their entire road safety strategy around.

      And it’s going pretty badly this year.

  • tranter on 05/06/2019 - 11:47
    +3

    When I was on my P's I got a suspension and the magistrate lifted the suspension straight away. These were the days when P's was only for 1 year so I didn't have a long history of good driving to show to the court either. This was quite a number of years ago so maybe they are tougher these days.

  • p1 ama on 05/06/2019 - 11:52
    +32

    I'll give you the unpopular opinion - you might as well go to court if you have the time. The cost associated with going to court are small and if things don't go your way, you'll be hit with the original fine anyway. There are people who go to court and win, of course, they are in the minority, but you'd be surprised if you have a look at some of the publicly available published cases.

    Everything else you've said aside, I do think that a lot of your arguments are quite dumb and would actually get you in more trouble in court. Your best bet is to emphasise the fact that you have a good driving record, that this is your first offence and that it is quite harsh to be suspended for what would usually be a 3 demerit point offence.

    What you should focus on is that the whole idea of demerits is to allow people the chance to change their behaviour and serve a suspension if they continue to do the wrong thing. You haven't had a chance to do that and you want to have a chance to change your behaviour without impacting your ability to work…etc.

    • hrmny on 06/06/2019 - 09:39
      +1

      Thanks for this response, really helpful and I definitely do agree that my excuse is useless,I don't want to come off as making excuses but unfortunately in my post I did lol. Guess that's why a lot of people are having a go. Thanks nevertheless :)

      • rystyle7 on 06/06/2019 - 10:46
        +2

        IF you are going to court, I'd suggest you realise that it'll require some hard work / decisions on your part.

        Won't go into more detail, but as a first step, I've seen successful appeals on the grounds of good character, good history and necessity of transport to workplace commitments. I've only ever seen it work with a signed letter from an employer (re: employment) and a signed letter of character from a 'person of high repute' (i.e. not your mum).

        The hard part there is being honest and upfront about your failure and responsibility, and doing so not just to yourself or a judge, but to your employer as well.

        And if that fails, then yet another excellent life lesson - "is being honest and upfront about your failure and responsibility" :)

        • rystyle7 on 06/06/2019 - 10:50
          +1

          ^ When a genuine attempt at being helpful reads more like an overt 'ya mum' joke…

        • hrmny on 06/06/2019 - 11:24

          laughing at the inadvertent “your mum” joke. Great advice though thank you, I might have to do that. Thank you again :)

          • tryagain on 07/06/2019 - 13:50

            @hrmny: I knew of someone who had a low-level DUI charge years ago, their lawyer advised them to go and do the course beforehand that the judge would likely require them to do to reduce their penalty. I can't remember what it was but mooseca above mentioned that they were required to do a similar course, it might be worth finding out if it might be a requirement and complete it beforehand as well as what rystyle7 has mentioned.

        • eurodave on 07/06/2019 - 15:29
          +1

          This is the right advice. I had a similar situation when I was on my P's (a long time ago).
          I elected to go to court with the following:
          — evidence that I was working
          — a reference from my minister (these days, I would try to find someone who is actually 'of high repute' not a minister of religion…)

          I went in and said I fully acknowledge that I did the wrong thing, no excuses, i was sorry, but I'm trying to study, keep my job, etc.

          I was genuinely contrite which I'm sure helped.
          It helped that I had a genuine compassion worthy story too, I was coming off a disability pension, trying to study a degree at Uni and work and lived 30 minutes drive from both study and work.
          Also it was my first offense.

          I was super lucky. The judge revoked the suspension and instead extended my P's for 4 months, which some how magically gave me back 4 demerit points.

          I then behaved well for the rest of my driving life!

    • chriskq on 06/06/2019 - 10:26
      +1

      awesome advice :)

  • Cheeper on 05/06/2019 - 12:19
    +1

    Zero chance with the excuse given.

  • nith265 on 05/06/2019 - 12:23
    +1

    If you have a completely clean record and you’re happy to waste a day (or possibly 2 if it’s busy and gets adjourned) you probably have nothing to lose penalty wise by pleading guilty.

    You’d want to better articulate your grovelling apology and come up with a better excuse than “there were hardly any cars on the road” though. The magistrate needs to understand why you should be treated with compassion - does the loss of licence adversely effect your job/family/kids?

    Chances are you would get a reduced penalty if you sound contrite enough. The main thing you’ve got to lose by going to court is that you may have a criminal record at the end of it (in Vic anyway NSW might be different). Not a huge thing as it just remains a driving offence but think about a job application in the future that needs a police check - you are equal with another candidate and the only thing to split you both is that you once appeared in court…

  • Danstar on 05/06/2019 - 12:28
    +4

    Everyone knows they're speeding. You just assumed you wouldn't get caught.

    And if you didn't know you were speeding, maybe you shouldn't be on the road?

    Harsh, but need to cop it on the chin.

    As nith said; you could waste a day or two at court, plead guilty and get a lesser penalty…

  • [Deactivated] on 05/06/2019 - 12:32
    +2

    The affluenza defence got a guy off vehicular manslaughter. You need to demonstrate that you don't know boundaries because your rich parents never gave you any, and that you can't link actions with consequences. You also need the jurisdiction to be Texas, and to have a rich mother funding an escape from therapy across the Mexican border.

  • MagicMushroom on 05/06/2019 - 12:52
    +2

    I'm glad you got caught, you could have driven in similar behaviour for how long till the accident happen?

    • lltravel on 05/06/2019 - 14:54
      -1

      how does an accident happen with no one on the road? its 10kmph over. Cry me a river

      • releasethekr4cken on 05/06/2019 - 15:38
        +2

        Well that's not accurate, there was the police, there was the speeder, and you know that he was exaggerating. When has there been noone on a road?

    • brendanm on 05/06/2019 - 15:58
      +12

      Contrary to propaganda, accidents don't simply happen just because you are doing 15kmh over an arbitrary limit.

      In saying that, op has Buckley's of getting off by going to court. Fines and suspensions are higher for speeding than drink driving, and if you get done drink driving you can apply for a work licence (at least in Qld), not so for speeding.

      Bring on the negs lol. People should check out autobahn death toll stats, safer than city streets by a factor of about 4 by memory. According to the Australian government every single person on or near it should be dead. Road deaths from large distances at relatively slow speed in Australia (causing fatigue) is a bigger problem.

      • Diji1 on 05/06/2019 - 18:06

        Contrary to propaganda, accidents don't simply happen just because you are doing 15kmh over an arbitrary limit.

        Of course not.

        But the rate of accidents increases linearly in relation to speed limits (people have less time to react + stopping distance increases exponentially with speed) and the damage an accident causes increases exponentially as the impact speed increases.

        • brendanm on 05/06/2019 - 18:35
          +4

          As I said, check the stats on autobahn deaths compared to suburban. There is more to it than speed = death. If people can get places faster, there is less fatigue, less deaths from people falling asleep. Far more factors in addition to that.

          If you crash at 100/110, you have a decent chance of death, and as you can only get so dead, being dead going 20kmh faster isn't really an issue.

          • Gareth on 06/06/2019 - 13:33
            +3

            @brendanm: Recalling an old quote;

            Speed Kills. But the faster you're going the less it hurts.

            YMMV of course

    • MagicMushroom on 05/06/2019 - 18:23
      -4

      Some of you here might want to google what speed limit is for.

      • Baysew on 05/06/2019 - 18:32
        +3

        I got this -

        Road speed limits are used in most countries to set the legal maximum or minimum speed at which road vehicles may travel on a given stretch of road. Speed limits may also be variable - or in some places unlimited, such as on some sections of the Autobahn in Germany

      • brendanm on 05/06/2019 - 18:37
        +2

        Revenue raising? Please enlighten us? Most speed limits haven't changed or have decreased since the 70s, while cars have become a lot safer, and easily capable of being safe at higher speeds.

        • Donaldhump on 08/06/2019 - 12:15

          Prolly cause the roads are as shit today as they were 40 years ago

          • brendanm on 08/06/2019 - 14:31

            @Donaldhump: Taking that into account, we still have increased safety due to the advances in vehicles.

  • plmko on 05/06/2019 - 12:52
    +1

    I definitely do not deny going that speed

    So what do you expect to happen in court?

    Magistrate: Did you speed?

    You: Yes

    • hrmny on 06/06/2019 - 09:43
      +1

      Leniency in the suspension based on good character, driving record and being a partial carer of my younger siblings/working full time night shift as well. That's what I'm hoping for anyway

      • ademiix on 07/06/2019 - 11:17
        +2

        A similar thing happened to my younger cousin, same responsibilities as you and explained that to the court. Was able to keep driving under strict conditions.

        Don't listen to the cascade of unhelpful tut tut'ers and lounge chair lawyers who dust the Doritos off their fingers long enough to type a snarky/incorrect response.

  • MasonDelta on 05/06/2019 - 13:47
    +1

    You are wasting your time. But if you do proceed…

    Is it possible to spectate this court case? Maybe we can organise a popcorn and drinks machine out the front.

    • [Deactivated] on 05/06/2019 - 14:29

      I picture Judge Judy looking at Bailiff Byrd and nodding knowingly.

      • mousie on 05/06/2019 - 16:06

        Okay Byrd!

  • lltravel on 05/06/2019 - 14:57
    -4

    Its good to know 90% of ozbargainers are judges

    It could possibly be reviewed by the judge if he is a champ. Its 10kmph over. Nothing to really cry about.

    This is a clear example of how the public just bows down to the government and assist with their revenue raising. I am failing to see how fining someone for speeding helps safety. Its just revenue raising.

    • SwaggyE on 05/06/2019 - 15:59
      +2

      It’s just revenue raising - Maybe just don’t speed?
      It’s 10kmph over. Nothing to really cry about - OP got pulled over for going above 10kmh and below 20kmh. He/she could’ve been travelling at 119km/h in 100km/h zone.

    • Waffles on 05/06/2019 - 16:01

      The speed adds like 10 meters of stopping distance. Think how much you could plow through in 10 meters

      https://www.qld.gov.au/transport/safety/road-safety/driving-…

      • brendanm on 06/06/2019 - 08:30

        Probably not much on a deserted highway at 1am

    • Diji1 on 05/06/2019 - 18:07
      -2

      I AM AN E-LAWYER.

  • holdenmg on 05/06/2019 - 15:07
    +2

    Join the ranks of Marcus Einfeld and Salim Mehajer with the it wasn’t me driving defence…

  • pingMarky on 05/06/2019 - 15:31

    Yeah nope, not a chance. And your an idiot for speeding on the M7 (honestly, of all the roads, there are almost always cops there)

    • hrmny on 06/06/2019 - 09:45

      Agreed lol hardly travel on there but should have known better e

    • CVonC on 06/06/2019 - 22:23
      +1

      And your an idiot

      hmm…..

  • aussieolfaction on 05/06/2019 - 15:34

    What do you guys think the chances of at least getting the suspension reduced based on the circumstances?

    Precisely zero, based on the information you've provided.

    • R-Man on 05/06/2019 - 23:23
      +1

      Hey didn't know the magistrate was on ozb! Hi mate

      • aussieolfaction on 05/06/2019 - 23:42

        Oh hello, mate.

        The OP was asking for the opinions of the people in this community, and not of a "magistrate". I think that might be the crucial detail that you've missed.

        If someone "honestly didn't know" that they were speeding, they are not fit to drive.

  • glassyan on 05/06/2019 - 16:04

    Is it too late for you to elect to pay the fine? From my understanding if you are found guilty in court, the offense will go into your criminal record and you have to answer yes each time someone asks "have you ever been found guilty of an offense", good luck with explaining it to the immigration department each time you travel overseas + for some jobs.

    • diazepam on 06/06/2019 - 22:51

      Correct, but your "criminal record" disappears after 10 years if there's been no further offences in that period of time
      Secondly you can get charged (e.g. fine, good behavior order, corrections order) with no conviction recorded - those laws are present in NSW where OP is based. Usually this is enough for travelling, job interviews where they see "no conviction recorded" and therefore know it is of low importance.

      I get that it's probably a bad look, but if you have a stable job already I don't see why not to contest it based on character.

  • mousie on 05/06/2019 - 16:05
    +1

    Can you prove that it's in the public interest to keep your license e.g.

    Do you have to care for an invalid person or have the care for a dependant
    You can write a letter to the court and express remorse and willingness to participate in an optional young or inexperienced drivers offenders programme (at your cost - and include the enrollment and course date and pay for it up front)
    Did you answer to the prosecuting officer - why were you speeding? and provide some insights. Unfamiliar road etc.

    Double demerits are a feeding frenzy for the highway patrol officers.

    You may be blessed with a good magistrate - where abouts on the M7 were you - this may have an impact on which local court the matter will be heard in.

    It's an issue of public safety, with a large number of at-fault accidents occuring on the m4 and m7 where speed is a factor in single and multi vehicle accidents.

    A lot can be said for genuine remorse within sentencing guidelines. Best to read up on similar cases at the local court - if you have a free day off, attend on the same weekday as your proposed court day as most matters for traffic will occur on the same day, and you can make a determination on what the magistrate's appetite is for a sentencing reduction.

    You can also take a plea deal too.

    Sorry for my long winded post, just trying to offer some insights. I am not a lawyer ;)

  • [Deactivated] on 05/06/2019 - 16:12
    +8

    In 1999 I was nabbed by a speed camera doing 68 in a 60 zone. I took it to court unrepresented. Offence proven, no conviction recorded.

    In 2017 pinged by a red light camera. Again went to court unrepresented. Offence proven, again no conviction recorded.

    No fines no points lost.

    You can do it. Be respectable. Don't overdress. Don't wear a T shirt. Be prepared. Don't bullshit. Speak clearly and precisely. It's a 50/50 chance.

    • cktftw on 05/06/2019 - 16:59

      what did you go to court for?

    • ensanguined on 05/06/2019 - 17:29
      +2

      Exactly. Love all the high and mighty answers when we know how lenient the courts are for things like this. Talk about the impact to your job, family, relationships etc. and they may very well reduce the severity of the sentence, and record no conviction.

  • lunartemis on 05/06/2019 - 16:14
    -4

    1 less idiot driver on the road = less chance of road toll

  • mubd1234 on 05/06/2019 - 16:16
    +13

    I would take those naysaying the chances of the appeals process with a grain of salt.

    I was caught doing 105km/h on the Federal Highway (a 110km/h zone) on my P1 licence (limited to 90km/h), and got my suspension reduced at court from 3 months to 28 days. I appealed the suspension, though, not the offence itself. Proof from my driving record - https://pasteboard.co/IhXSESX.png

    You will have to pay the fine and wait for the suspension notice to come in the mail and follow the instructions on that slip of paper to appeal it in court.

    While waiting for my turn at court, I was pretty well astounded by the number of drivers with very poor driving records (drunks, crashers, speeding to an exceptionally dangerous extent etc.) having their suspensions either wiped or otherwise being significantly reduced.

    A woman caught doing 110km/h in the General Holmes Drive Tunnel (a 70 zone) showed up in her work uniform (some laser tag venue) and turned on the waterworks…that got her 1 month off her 6 month suspension.

    • nith265 on 06/06/2019 - 10:02
      +1

      this comment and example is pretty much the best answer OP will ever get.

      @mubd1234 - were there any mention of court fees? I've sat and watched hours upon hours of people in Victoria plead guilty to MYKI or speeding fines and as long as they were apologetic and offered some explanation, the penalty was reduced or waived entirely. Never once was there any mention of court fees.

      I imagine if you plead not guilty, contested it and lost you’d definitely have to pay at least some of the police’s costs

      • mubd1234 on 06/06/2019 - 11:23
        +1

        Nah, no court fees. I plead guilty and expressed remorse over my actions.

        That being said, I actually think the NSW P plater special speed limit is dangerous and should be repealed - having inexperienced drivers being forced to merge onto and travel at 90 on a 110km/h freeway is madness. I did not have to pay any extra fees or pay into the victims compensation fund (I think this was because I appealed the suspension itself, not the offence).

        • hrmny on 06/06/2019 - 11:31

          Is it possible to appeal the suspension if I’m at court for appealing the offence? Does that make sense? I’m pleading guilty to the offence but appealing the suspension, could this be done in one court hearing

          • mubd1234 on 06/06/2019 - 11:37
            +4

            @hrmny: I don't think so. If you're pleading guilty to the offence, you should just pay the fine (which is the same as pleading guilty and accepting the penalty).

            I'm not sure how you would rescind a request to appear at court for an offence, but I'm pretty sure it can be done.

  • lazarski on 05/06/2019 - 16:59
    +4

    Why are you all so angry about someone speeding a little on a freeway at off peak times, speed limits should vary and be lifted when they can. Speeding isn't inherently unsafe it depends on the conditions. Hopefully you weren't distracted and fatigued but it seems like you might have been.

    They forgive fines now and then I don't see why there would be no chance to get a lighter punishment if you go about it right.

    • RyanMK on 05/06/2019 - 17:41
      +3

      While I agree with you that speed limits should vary according to the condition, this still does not provide sufficient grounds to be over the limit.

      I mean, by doing so, isn't the judge effectively saying, it's okay to say do 10-20% over the speed limit during 'non-peak' hours? That would open up a whole can of warms wouldn't it?

      Absolutely agree that Australia's speed limits are a joke, but doesn't mean we can each interpret and tweak it as how we see fit.

    • Gronk on 05/06/2019 - 18:49
      +1

      I think you'll find the anger isn't over the specific offence, more in relation to the attitude of feeling entitled to a reduced punishment despite admitting to having broken the law - whilst on a P2 license.

      • Nebargains on 05/06/2019 - 19:52
        +11

        I don't pick up any level of entitlement. I read someone who acknowledges they've done the wrong thing and are asking for opinions on whether they have any chance of getting the suspension duration reduced.

        • R-Man on 05/06/2019 - 23:21
          +6

          Yes and despite this, ozbargainers (and typical Aussies) will still call him an entitled whinger so they can proudly say they called someone an entitled whinger today. I've noticed Aussies (not exclusively) do this as it feeds their ego and makes themselves feel superior.

          jUsT cOp iT oN tHe ChIn yA wHiNgEr
          HaRdEn Up BuTtErCuP
          JUsT gEt iN lInE liKe EvErYbOdY eLsE

          • nith265 on 06/06/2019 - 09:32
            +2

            @R-Man:

            …so they can proudly say they called someone an entitled whinger today.

            …it feeds their ego and makes themselves feel superior.

            For so many regulars on these forums it seems that's the only reason they're here

    • abb on 06/06/2019 - 17:11

      speed limits should vary

      The M7 does in fact have variable speed limits. But OP was busted for breaching the special limit applied to his provisional licence.

  • Grosey on 05/06/2019 - 17:03
    +7

    Hi, there are a lot of negative comments in here, but I went to court for a similar matter, and the judge invalidated my suspension.

    My situation was that it was a 110 highway and coming into a 50 zone, and it was early in the morning and was on unfamiliar roads. I was doing 92 so had an automatic suspension. The judge rescinded my suspension, but I still paid the fine of over $800. Tell them your situation, and if you get a nice judge, they will be reasonable!

    • gstfree on 05/06/2019 - 18:28
      +1

      Agree with your comments.

      I can see there are too many negative laughs here, I would not bother share real story happened with positive outcomes.

    • ascorbic on 05/06/2019 - 23:33

      Very good outcome. When was this may I ask? Because I believe magistrates no longer have the power to waive suspensions for 25 km/h or over.

      • Grosey on 06/06/2019 - 12:55

        This was in March this year in NSW. I'm sure it varies state to state, I actually had a Victorian License at the time, but got fined in NSW. I should have got charged with double demerits too, but since my license was from Vic that was also rescinded by the RTO (not the judge) from a separate phone call.

  • abuch47 on 05/06/2019 - 18:25
    +1

    Classic OzB acting all high and mighty towards everyone while trying ANYTHING to make their day efficient.

    Going to court OP will cost you. They'll see you in bulk with a heap of other road-law breakers. You may get a reduced suspension or complete removal but costs will be greater.

  • redslert on 05/06/2019 - 18:45
    +1

    Part of operating a motor vehicle is to be in control and situational awareness.
    Using the 'I honestly did not realise' response not going to work because it just means you shouldn't be driving.

  • YellowDieselGolf on 05/06/2019 - 19:37
    +3

    Mate, didn’t you learn on your L’s?

    In this country, you’re meant to spent 100% of the time looking at the speedo. Absolutely nothing can go wrong if your speed is less than the number that’s randomly assigned and stuck to a pole.

    • smartazz104 on 05/06/2019 - 20:28

      that’s randomly assigned and stuck to a pole.

      Why aren't you working for the Transport Department, you obviously have all the answers.

    • brendanm on 06/06/2019 - 08:33

      This.

  • SuperMid on 05/06/2019 - 19:45

    op: i was doing 115 in a 100 zone

    was i "speeding"?

    ps: im from the current generation who are clueless.

    • hrmny on 06/06/2019 - 09:33

      Definitely know that I was speeding, as stated in the post. Asking if any leniency on suspension is likely at all.

  • Nebargains on 05/06/2019 - 19:46

    I'm not familiar with NSW's system, is the licence suspension because of the offence itself or because of the points accumulated because it was double demerits?

    • hrmny on 06/06/2019 - 09:34

      It's from the points accumulated due to double demerits

      • Jugganautx on 06/06/2019 - 09:52
        -1

        Dont speed on holidays lol

        • hrmny on 06/06/2019 - 10:04

          Noted lol

          • abuch47 on 06/06/2019 - 19:58

            @hrmny: Most likely you can plead that you need your car for work. This is a fairly standard procedure for p platers. lose license due to not many demerits, no road experience, lack of forethough and maturity. Go to courts office, ask for appeal documents, write down you need your license to get to work. Dont even see the judge, Get off on good behaviour bond which in SA was no points for three years. It is scarily common and went through it myself. Losing my license wouldn't have taught me anything, I honestly believe we get them too early, especially with the speeds capable now.

            • hrmny on 06/06/2019 - 20:46

              @abuch47: Can I do that? Instead of seeing the judge just go and get appeal papers? Even if I’ve already elected to go to court (which was a (profanity) stupid idea).

              • abuch47 on 07/06/2019 - 18:46

                @hrmny: Not sure thats how it used to be in SA. lose your license but rescind it on appeal for good behaviour bond.

  • katykat on 05/06/2019 - 19:47
    +3

    IMO it's 50/50 on whether you will get a reduced suspension. It's not so much about the offense because that's proven. Trying to justify that will probably be counterproductive. What you're trying to prove to the Magistrate is why you are deserving of leniency in the circumstances. Good character, good driving record, the fact that offence is usually 3 demerits (careful with this one though because it's double on long weekends for a reason!) and most importantly - that the suspension will have onerous, negative consequences for you. Leniency regarding suspensions is usually given to first time offenders if they can show that they require their licence for their employment, providing care / support to relatives (of the vulnerable variety such as elderly or disabled parent, younger siblings, children etc…) and that there is no option but to drive. The fact that you drive to work isn't enough, you need to prove that there is no other way for you to maintain your employment (ie. public transport) without your licence.

    YMMV and on the day it could go down to the mood of the Magistrate. Also don't expect the fine to go away. It would be nice if it did but highly unlikely… your best angle is about the suspension. If you can spare the day then you might as well give it a shot, you never know unless you try.

    • macrocephalic on 06/06/2019 - 15:21
      +1

      it's double on long weekends for a reason!

      Because politicians are afraid of headlines. Does road safety matter more on holidays than it does any other day?

      • abb on 06/06/2019 - 17:16

        There are massively increased volumes of traffic on the highways during holidays, hence much higher probability of a crash.

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