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

  • hrmny on 24/06/2019 - 23:55
    +3

    Not sure how to edit but just an update; went to court today and got let off with a section 10 1A. Thanks for all of the constructive input :)

    • CVonC on 25/06/2019 - 00:49
      +2

      Great outcome! More details though… How did it all go??

      • hrmny on 25/06/2019 - 09:00
        +3

        I was so nervous, I was the youngest in the court room and up second and she basically told me the details of what happened and asked if I had anything to say and I admitted I have no reasonable excuse, I was coming back from work and was tired and distracted and drifted over the limit. I wrote a review before I elected to go to court that mentioned my circumstances regarding being responsible for my younger siblings transportation and working full time night shift. The judge read the details of my case including parts of my review and came to the conclusion that this will be my only chance, especially because I’m so young, and she gave me a section 10.

        Definitely have learnt my lesson though, pretty much drive on cruise control all the way back home now lol.

    • ThithLord on 25/06/2019 - 07:41
      +2

      Bahaha really? I'm not sure if I can believe you! Is there any proof you can show? 550 No Chance and you made it? Lucky bugger!

      • nith265 on 25/06/2019 - 10:49

        Bahaha really? I'm not sure if I can believe you! …

        No need to doubt it. Despite all the moralistic “You did the crime, do the time” responses on OzB, fines are just our society’s quick and efficient way of handing our a penalty – they are not chiselled in stone as the only possible penalty.

        Our justice system rightly allows for a range of penalties depending on the circumstances of the offence – OP exercised the right we all have to question if the court felt the off the shelf penalty was too harsh given his specific circumstances. It was his first appearance, he was apologetic, doesn’t have a long history of committing the same offence – seems reasonable to ask for a lower range penalty.

        Lucky bugger!

        Have to agree with you there! Out of the range of possible outcomes I’m surprised there was no penalty at all. Section 10(1)(a) even seems to mean he even avoids a criminal record - it never happened…

        • [Deactivated] on 25/06/2019 - 12:33
          +1

          Actually 'he' is a she. The Justice system is there to serve Justice not retribution. In this case it worked.

          BTW. Speeding is not a criminal offence. It's a traffic offence. DUI is a criminal offence.

          • nith265 on 25/06/2019 - 14:09

            @[Deactivated]:

            Actually 'he' is a she.

            Apologies - I hate it when others do that – lazy and rude

            Speeding is not a criminal offence

            I guess I was more thinking about how it might get recorded for a future police check. I think having it heard by a (criminal) court means it would be recorded differently than if she had just paid the fine. In an earlier comment I imagined a job interview where there was nothing to split 2 candidates except one had been found guilty by a court.

            Section 10(1)(a) seems to be a NSW thing though? - guilty but it’s as if it never happened. In Victoria you can be found guilty and no conviction recorded but it would still show up for an employer on a police criminal record check

  • [Deactivated] on 25/06/2019 - 12:28
    +3

    Good for you mate.

    Just goes to show that 88.5% that voted 'not a chance' in the poll have no idea. Glad I wasn't one of those.

    • hrmny on 26/06/2019 - 08:37

      Cheers mate :)

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