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

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

Comments

        • I agree, this was that Anzac Day long weekend that fell on Thursday so it was Thurs-Sun, busted after work on Friday morning, guess I should’ve just stayed home that night lol

      • +1

        It's increased on long weekends to act as an increased deterrent in the hopes that people will be more cautious and think more carefully about their actions when driving. It is not primarily aimed at the repeat offenders or those who will do it anyway, double demerits are aimed at people who ordinarily would probably not be breaking road rules but are more vulnerable due to the long weekend. This is because of increased traffic, increased risk from things like alcohol and drugs, increased risk taking or just the fact that culturally a break can lessen people's situational or risk awareness.

        It also has the benefit of getting people on serious offenses or repeat offenders off the road due to the increased number of points. The poster here was unfortunate that it is a first time offense but that being a P plater he has less points = hitting the suspension threshold. Note: I am all for strict road rules so the advice I gave is not about condoning what has happened. I deal with road deaths everyday as part of my day job. But our justice system is designed to allow people to question or challenge certain penalties and there is enough give in the legislation to account for circumstances slightly outside the ordinary or tailor penalties to be more just… which is the advice I gave.

  • I am a P2 license holder and this is my first offence after holding my licence for around 3 years

    Kids these days…

  • Are Section 10’s still a thing? Doesn’t fix the suspension though, from memory

    • Still is but OP has to be pretty lucky to get that as a P plater…

  • -3

    Only chance you have is claiming that you didn't know you were speeding because the tires/wheels were recently changed and the speedo musta been put out due to a larger tire/wheel radius. And that you have learnt your lesson that you should go to a qualified mechanic to change your tires instead of getting a set of wheels from a family member, but you had everyone's best interests at heart by changing the tires/wheels for safety and fully sick looks. err, yeah. lol.

  • -1

    On average, Speedometers are off by about 8%, meaning that to your eye you were going even further above the limit, no chance mate

  • +1

    Hey mate; found my login just to respond; I’m a P2 holder and I know 3 mates who were all fined, 2 of them several offenses in the past, basically if you want it reduced it’s very realistic for you (if your willing to fork out the cash) to do a driver safety course and hire someone to represent you, it will most likely be reduced to a 2 week suspension, all 3 friends did tbis and they were all reduced to 2 weeks, one was doing 33 over in a 50 zone, other one was 20 over and the other one was 10 and over but hit max demerit points, but yeah if your willing to fork out the cash you can definitely have it reduced. Can cost between 1-2k btw depending on who u hire.

  • -1

    Pay the fine girly wurly

  • +4

    You can definitely get some leniency. I've represented myself a few times for similar issues. Worth a shot.

    As per the above post, definitely do the driver safety course. I don't think there's any point hiring a lawyer for such a simple matter.

    So many emotionally driven comments here by those with no experience. They're such perfect people for never having accidentally sped. Obviously you shouldn't listen to them or the poll.

    • They're such perfect people for never having accidentally incidentally sped.

      Fixed. ;)

  • Is OZB the first search result for 'how do I get out of fines?' on Google or something.

    • Nah supplement to Whirpool's motoring forums.

  • -4

    thanks for clogging up the court system with your wasted appearance time trying to justify your illegal actions with your sense of entitlement

    • well dang

    • +3

      Thanks for clogging up the forum with your poor reading comprehension. Op doesn't come across as entitled, and blamed noone but himself.

      On the topic of illegality, did you know it's illegal to offer a reward for the return of stolen items "no questions asked" in some states? Up until recently in WA you couldn't possess more than 50kg of potatoes legally.

  • No cruise control?

    • There is but I hardly use it, I have since then though lol

      • I am pretty sure the speedo in the car is like 5km/h less than the actual speed. Well, at least in my car.

  • One day someone will post of how they received a ticket for a parking/speeding/negligence and so on. Then declare that they were completely in the wrong and happy to pay the required punishment as per the relevant state legislation.

    • +2

      And the commenters will all fall over themselves decrying the post for "virtue signalling", "what is your question", "how is this a bargain", and so the cycle continues…

  • 7 words for you my friend:

    Good luck and better luck next time

    • -2

      That's 6?

      • Ahh!! -2

  • Your ground is worse than "my did ate my homework"

    • No! My dog did.

  • Were you caught doing 111 or 119?

    I'd be pretty upset at getting caught by a copper doing 111 but would understand getting caught at 119km. At an alleged 119km, your real speed would be 123 or so.

    When I started driving 20 years ago, there were much less speed cameras.. I would sit on the freeway at 120kmh on the speedo (prob real 115kmh). These days I slow down fractionally and generally don't exceed 115 (speedo) for extended timeframes due to the number of cameras.

    I've never busted doing under 120km speedo on the freeway by a copper but would never knowingly risk it with Speed Cameras.. no tolerance whatsoever.

    • Perhaps there should be an extra camera that does 'real' speed. If you were caught doing 111, then you're not even unlucky, just caught.

  • +2

    Unlikely they show too much leniency for the law abiding citizen slipping up.

    Leniency is usually reserved for murderers, rapists, pedos, psychos, serial repeat offenders.

    Rather than spending longer on a quiet street to catch dangerous lunatics frequenting an area at 3am they'd rather make much more income by clocking up fines from majority just trying to get home that may creep over the limit. They know they can pay.

  • Was the copper hiding near the on ramp from M5 to M7?

  • What's the colour of a 2 cent piece?

  • +1

    Around 5 years ago I was done for 44km over. 104 in a 60 zone on my red Ps. It was actually a mistake, the road was all road works so I was doing 40km. Not concentrating, and in a manual, it turned to 60km and I was somehow doing like 20km so I went back a gear and sped up the hill, as I got over the hill I was doing 104, braked but it was too late. My mistake but lesson learnt. I lost my license for 3 months and another 3 months from the RMS for having no points. I took it to court and I won as it was first offence and I only lost my license for 3 months and 2 weeks instead of 6 months. It is possible.

  • -1

    There is a reason why they have double demerits during these times.
    HOWEVER OP could argue:
    1. the time of day/night
    2. no other cars on the road
    3. the fact he did not notice the speed at which he was travelling as there were no other cars to gauge by.
    Simply put he was driving safely considering the circumstances.
    I would recommend a very good traffic offenses solicitor.
    Do NOT go to court alone!
    You will get crucified

    • I probably wont argue that for fear of being roasted even more for not being vigilant enough, which is fair! But yeah I’m thinking I will go with a traffic offences solicitor to at least make my chances better.

  • Don't try and get the fine waved. Plead guilty and argue that you need your licence for work purposes. Try and get out of the suspension, ask to go on a good behaviour. Not sure about Vic but in qld I opted to go on a good behaviour licence for 12 months instead of losing my licence for 3 months.

    • Yep this is what I was planning on doing. Not going to try and get the fine waived because I definitely (profanity) up, just looking to lessen the suspension or get rid of it altogether if possible

      • Leave it up to the solicitor.
        Dont tell them what to do.
        Just explain the situation and let them work the way out for you

      • +1

        Don't forget to dress to a T and shave up. They like that ish.

        • I can dress to a T but not sure about how far shaving might get me, I’m a girl lmao

  • +1

    Yep, I'd say to fight it. You might miss out on a lot of opportunities with no license. Take this as a lesson to be super careful on the roads.

  • -4

    No way buddy….nice try….you need to sharpen up your law knowledge. This is Australia.

    • Thanks mate I’m aware of the country, I was born in it. Cheers for the advice

  • You probably won’t like this, but having sat and listened to dozens and dozens of appeals in local courts across the New England district on similar situations and more critical** than yours, you’ve got little chance of winning, with or without a solicitor. More so, you’ll cop an earful ( no pun intended) in wasting the magistrate’s and courts time.

    ** what I mean by this to, a vehicle is a make or break deal for country folks. There is no public transport, you just can’t catch a cab or Uber when your talking distances of 40-100 km’s. You lose your license, you lose your job and income.
    The fact that it was double demerits is more the reason you should have been more attentive. Learn your lesson and move on.

    If you do proceed, look presentable, show contrition, be humble. Nothing raises the annoyance of a magistrate than an upstart gen y, douchebag - male or female.

  • -1

    If you think that you have a decent reason to hang onto your licence (if you need it for work or something). See a lawyer.

    There is a reasonable chance to reduce the suspension depending on the reason(s).

  • +8

    I recommend going to court - it would be unaustralian not to.

    I went to Ringwood Magistrates Court last month to plead guilty to my no rego fine and got the fine dismissed in under 60 seconds without stating a case and barely saying anything. Didn't get or need a lawyer. Cases like yours and mine are a dime a dozen.

    It helps if you have a good record. I got my licence when I turned 15, been driving in Australia since 2014. Had 2 speeding fines (under 10 KPH over) in the past 5 years but I wrote letters to get Official Warnings each time.

    ProTips for attending court:

    1. Dress smartly. Collared shirt, nice pants and shoes. Don't need a tie.

    2. Bow to the Magistrate when entering and leaving the room. If you're not sure, follow one of the 2 or 3 lawyers that keep entering and leaving the room every few minutes, and do what they do with bowing.

    3. When the Magistrate addresses you, always stand and end your sentence with "Your Honour". I've even witnessed a regular say "No offense but that's f—ken bulls—t Your Honour".

    4. Write a short statement apologising profusely for your actions, use phrases such as "in light of my contrition", "respectfully request", "disavowed". Convey much remorse. I wrote one just in case but I was never asked or had the opportunity to present it.

    5. There's public seating in the court room if you want to sit in on other cases and see what happens. Otherwise just wait outside the court room and wait for your name to be called out over the loudspeaker (after you've told the receptionist you're present (they send your file to the court room), what you intend to plead (Guilty), and which court room to wait around.

    6. Update your experience here in this thread.

  • It sucks for you but I hope that justice is served and I suspect it will be given you have absolutely no case.

  • While any ticket is annoying, when it happens, you have a couple of options. Either you can take it as a learning opportunity, adjust your driving skills accordingly, and move on with your life, -OR- you can bitch, complain, make excuses, believe you're better than everyone else, and tie up the courts needlessly and fruitlessly like a self righteous, entitled little doofnugget. Your choice.

    • best future advice is to use the cruise control! When I progressed from a vacuum cruise to an electronic one I managed 170,000km of doing perhaps 1k under the tolerance and it kept saving me heaps of frustration. Only got 1 ticket while not using it so lesson learned. Calibrate against mobile using gps.

  • +2

    advice I got from a solicitor many moons ago. Pay the fine. Attend court. Have a VALID reason for keeping your licence, ie need it for duties at work (with letter from work), no public transport in my area (with examples), need to transport sick relative (with dr certificate) etc. be prepared to attend traffic offender program and reattemd court after completing it. I went through this and had my suspension reduced from 3 months to 2 weeks, which coincided with Christmas holidays so I didn’t lose my job. The difference for me was that it had been around years since I had been fined.

  • I've seen my mates get off for a lot worse so yeah it is certainly possible.

  • take a holiday in Germany and enjoy traffic that works. Perhaps use google translate: https://www.adac.de/der-adac/rechtsberatung/bussgeld-punkte/…

  • +2

    gotta go fast

  • +1

    A friend of mine got his licence suspension overturned on grounds that he needed his car to drive to university.

    He was speeding a little bit on double demerits and on his P's like you, so it's definitely possible.

  • -2

    We should not have careless/neglected drivers on road. Thank you HWP

  • +1

    It sounds like you learned your lesson and best of luck to you in court.

  • +1

    Why t f does everyone think they can bull sh*t there way out of these fines.

    I ran a red light last night (only just), but my fault I’ll pay the fine.

    There is no excuse

    • -1

      There are circumstances and there are circumstances. I don't know yours and you don't know mine.

      • +1

        You have no circumstances, You were speeding, and by your own admission we’re doing so by failing to keep check of your speed, no emergency,

        Take responsibility and buy a device to alert you if your speeding

        If someone ran over your little child or mum etc because they were speeding, would you take that as an excuse

        • -1

          Ok. You know the circumstances exactly. Will you enlighten me with them please.

          Don't have no mum and don't have little children.

          Don't you just love know it alls.

          • @[Deactivated]: Right…

            You ask for advice and when it’s not what you want to hear you get defensive,

            I know what you stated, and I reiterated what you stated, you failed to check and monitor your speedo, and not use cruise control etc, you have no excuse, why not accept the responsibility is yours and serve the punishment, or go to court and bs as much as you can to a judge.

            Btw Whether you have a mum or child is irrelevant… insert someone you care for instead.

    • +1

      Mate relax, not trying to ‘bullshit’ my way out of any fines, I will pay the fine, I am asking for the probability of getting a lighter suspension period, based on circumstances regarding being responsible for my younger siblings’ transportation, working full time night shift and this being my first offence.

      I agree there is no excuse and I acknowledge it if my fault.

      Cheers.

      • Sorry was addressing Annandale who I thought posted this given the reply, which makes no sense. anyway,

        Yes ask for a lighter suspension, how do u lose a license in one go, are you not on twelve points after three years.

        • Green P Platers have 7 points to lose, double demerits makes the offence 8 points so yeah I lose my license in one go, shit go

  • +2

    Good luck with it OP. I lost my license (full license) and was offered 6 months suspension or 12 months on 'good behaviour'. I ended up going with the 12 months. Previously I had quite a lead foot, now after 12 months of making sure I didn't lose a single demerit I'm like an old grandpa behind the wheel. Dammit I've been assimilated!
    I'm glad to see the constabulary are working hard to get the real criminals though.

    • +1

      Thank you! And trust me since that incident I use cruise control all the way through my way home lol 50kmh or 100kmh.

  • To those that are saying you will still need to pay the fine is BS.

    Depends on the magistrate.

    As I said in my first post I had both cases found offence proven. No conviction recorded. No points. Ok I didn't mention no fine also as I thought that would have been obvious by the "no conviction recorded" line.

    • -1

      When you know you've done the wrong thing (which you did, by your own admission), you cop the penalty and move on. Anything else is simply based on a belief you're somehow better than everyone else, and the rules don't apply to you. You may think you're special but I'm sorry to inform you that you're not.

  • +3

    If you really need to keep your licence then give it a go in court.
    Like someone above said previously, you'll be missing out on opportunities if you can't drive.

    Many others may want you off the road and whilst their opinion isn't helpful, at end of the day that's for the judge to decide.

    I've had a similar experience many years ago, and I forked out $1K for a lawyer to help me reduce the penalty, thinking back I could've gone myself.

    However, all experienced traffic lawyers know the judges they are facing. They may not know them personally, but they know how the judge will react in these cases. Each judge see's cases differently. A lawyer will know how to handle your case and talk according to the judge they are facing on the day. That's what they get paid for.
    Do research on the lawyer you go with.

    Otherwise you can go in yourself to save money but you have no court experience and it may be challenging.

    Dress well and neat, but not over the top, do your best to appear like you are a good person and deserve to be driving. Have a reference letter of 'higher authority' as backup, like another person suggested above.
    State all the things to the judge that you do well and are responsible for.

    Suddenly a 50/50 chance may swing your way.

    Many others may think you are wasting everyone's time and expense of taxpayer's money, but you are also a tax payer and have the right to use the judicial system.
    Entitlement is a big word around here :)

  • Will you lose your license? ….Mention to the judge that you need your license for your job; and to visit your children on the weekend. But don't lie in court.

  • -1

    You won't have much success avoiding a suspension should you ultimately plead guilty to the infringment. You may recrive a reduction In he fine but this will be outweighed by court costs.

    Once a finding of guilt has been made you will receive a letter from the RMS stating when your suspension will commence. The decision of the RMS is appealable and you have 28 days to file same. It is advantageous to file in particular courts.

    When hearing your appeal, the court must determine whether you are a fit and proper person to hold a license. The application is not determined on your need for a license but this will also be taken into consideration.

    Do the traffic offenders intervention program and show the court what you have learned. Prepare you matter to a high standard and consider getting a lawyer depending on how much you have on the line.

    Acheiving a reduction in the suspension period is attainable.

  • what does not kill you will make you stronger! Court is your only option to get ahead in life.

  • -2

    Outcome - Pay fine + Court Costs.

    Case complete.

  • +1

    hnmmy I posted this on the second page.

    "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."

    Don't pay the fine. Wait till you receive the letter from State Revenue. You then write back saying you wish to take it to court. A court date will be set.

    Plead guilty with an explanation. My cases was helped by 57 years of driving with over 2,000,000ks traveled and only two traffic offences before 1999. One for an accident I had when I was 17 and another for failing to stop at a stop sign when i was 20.

    The Magistrate commended me on my driving record both times.

    For all the naysayers you will have court costs I never have.

    So unklesnake if you read this you may still have NFI.

  • +2

    My position on the subject is that everyone who breaks the law and gets caught should accept and pay the fine… unless it happens to be you, in which case you should do everything within your power and reasonable effort to try and weasel your way out of it.

    OP is a taxpayer, she's entitled to elect to take her infringement to court, whether you like it or not.

    Those of you who say you would say they would front up and pay the infringement, even given a plausible chance of getting infringement reduced or dismissed, are sitting on some sort of high-horse.

    Please neg me if you don't agree. Then question my sexuality and threaten to have sexual relations with my mother.

    • +2

      R U OK?

    • +1

      Your argument is actually very balanced.

      OP made a mistake, is obviously stressed out by the experience and that alone can sometimes be enough to change driving behavior.

      Financial penalties do work, but sometimes when people are having financial difficulties they keep getting kicked down…

      10km over > lose license > lose job > cant pay penalty > sheriff takes action and it keeps on snowballing…

      I am not saying this will happen to OP, but it happens

      When people write comments like 'R U OK' sarcastically, it just reminds us who the school/office bullies were and still are.

  • +2

    A few years ago, I was in exactly the same situation. Caught speeding in double demerits on P2 licence and first offence also, so would have been suspended for a few months.

    Decided to challenge - not the ticket, but purely the suspension - by going to court, and was referred to a Traffic Offenders Program, after which my suspension (again, not the ticket) was quashed from my record by a magistrate.

    Goodluck.

    • Thanks for the response! I shouldn’t have elected to go to court for the fine but as you said paid it (plead guilty) and appealed the suspension but I’m an idiot and didn’t know you could do that. Do you think I’d be able to appeal the suspension during the court hearing that’s supposed to be for the infringement itself? I plan on pleading guilty.

      • Yeah, I think your chances would be better just paying the fine and only taking on the suspension, but who's to say how the magistrate feels about it on the day…

        Not sure about that sorry, but with my very limited understanding, I'd assume when you 'apply' to go to court for a specific appeal, you're only there for that one thing. I'd be happy to be wrong though, for your sake. It also doesn't hurt to ask the magistrate, as long as you're respectful and understanding of your situation. They know you're not a lawyer.

  • -4

    Typical millenial thinking saying sorry i did it gets you out of punishment.. do the crime do the time.. in this case suck it up princess and take responsibility instead of trying to look innocent when you are not.

  • Another newbie speeding story….feels like a Never ending story

  • Just Learn the lesson and mature mate.

  • In 25+ years of driving, Ive received 1 speeding fine - 53 in 50 zone.

    I paid it and didnt whine. I should have been paying attention.

    shakes head

  • -2

    I remember when I was on my red p's and around 2am I was going 133 on the M4 because I was testing out the speed on a 2005 toyota yaris lol.

    The cops pulled me over and surely I will lose my license. First time being pulled over. The cop was so nice that he let me off.

    But to the OP, no point fighting it. But you already got your answer.

    • +1

      I was going 133 on the M4

      The cop was so nice that he let me off.

      lol whatever.

      • -1

        He actually did. Not lying. It seems farfetched but he actually did.

        But hey, you can believe whatever you want. You do you.

    • Speeding in a Yaris. Your Honor, guilty as charged!

    • +1

      I was going 133 on the M4 because I was testing out the speed on a 2005 toyota yaris

      Cool story bro.

      • It is hey, a yaris going 133! That's crazy!

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