1 km/h which got me an excessive speeding infringement

[Geeti]

Hi forum,

So I found this forum last night right after getting my first speeding fine. I use an overseas driving licence (legally) and has had a clean record for 3 years.

Last night I was going home from Grampians after a day trip. The speed limit was 110kmph on western highway, which then changed to 80kmph. Suddenly when I saw a traffic light, I realized I was entering another speed limit, but didn't spot any sign previously. There was only one intersection with a traffic light (it was the strip in Beaufort), amd right after this traffic light, the speed limit is back to 80kmph.

While waiting for the traffic light (I stopped properly), I saw a highway police marked car approaching me from behind and pulled me over right after the intersection.

So the police told me I was speeding at 87, alleged speed at 85. It was a 60 zone, so I was well over by 25kmph! The device used was written as Laser, but I didn't see the unit myself.

I had no idea of the classification of speed infringements and only found out when I got home that had I received an alleged speed of 84, I would not have to face any conviction nor the 1 month suspension, which I need for work! (and the lesser fine).

It was 11pm at night and potentially it was my fault for not seeing the 60 zone sign after the exhaustive full day hiking, add to that another 2hrs drive to Melbourne after getting the fine.

I wonder if there's any chance to get another 1km/h taken off my alleged speed? And what is the best option to do so?

I am planning to call the civic compliane office on Monday and hopefully talk to the officer who fined me last night.

If this is not possible, I would rather go to court to convert the fine into doing community work.

Thanks heaps for anyone who could assist me or had similar experience!

[BN2]

I am planning to call the civic compliane office on Monday and hopefully talk to the officer who fined me last night.

He wont be there. Wait until you get the ticket. His name and station will be at the bottom.

[Boki]

1 month isn't that bad.

Or you can play the lotto and object, hopefully your a good negotiator.

[Hardy]

You are doing yourself a huge dis-service by calling anyone at all. Haven't you read my website??
Either take it to court and haggle/fight, or take a month off the road.

[Geeti]

You are doing yourself a huge dis-service by calling anyone at all. Haven't you read my website??
Either take it to court and haggle/fight, or take a month off the road.

Hi Sean,

I already read your site and thanks for the content! It's very informative. I am now more inclined to fight it in court, but since what I am after is only the reduction of the alleged speed by 1km/h, I do not think the court will be able to grant that. From your website, I see it as either win or loss; no penalty reduction.

One month off the road is not too bad, only the traffic offence record is too troublesome for a 1 km/h difference. Does anyone know how bad having a traffic offence record actually is? Will it show on a national police check by the Federal police?

I'll update you all regarding my case.

[Geeti]

If I may ask a few more questions:

If I decide to fight this decision in court, with an aim to have the conviction against me removed (As I understood from your website, the 1 month suspension is a mandatory), would pleading guilty be more beneficial?

I will not be able to afford a lawyer due to the cost/benefit of this case, but I can surely give a day or two for court as well as paying for the court fee if I have a chance of having the conviction removed. I am also plaining to convert the resulting fine of this offence into community work, which only seems to be applicable after going through a court system (according to my limited understanding of Victorian Law).

It would be even better if I could have another 1 km/h knocked off my alleged speed, but if I were to pursue this route, should I do it by pleading not guilty?

In the end, I decided not to contact the Civic Compliance Office, since it is clearly stated on their website that as an Excessive Speeding Offender, my only chance to object this case is by fighting it in court.

Thanks to everyone who has replied so far!

[rustyone]

Geeti all i can say is takem to court, get as much info as you can because the more things you can point fault at the more the magistrates going to say go away. there are lots of things to ask! and do

[Hardy]

If you take it to court, you should be pleading not guilty if your goal is to avoid the one month suspension.
The only benefit to pleading guilty to 85kmh/60 is to delay the one month, ask for a smaller fine, or ask for a non conviction.

[adz]

Not related to your fine - but just be aware that the speed limit on the western highway is actually 100kph, not 110.

110 only starts when you hit the freeway abeam Ballarat on towards Melbourne.

[Geeti]

Hi,

So here's an update. I just received my charge and summons today.

But now the magistrate's court that I have to attend is in Ballarat! Which is too far for me considering the cost/benefit of this case.

I'll ring them tomorrow to see if they can transfer my case to Melbourne.

If they still insist on having it in Ballarat, I guess I'll have to go the 'ex-parte' hearing route; pleading guilty, as I just can't afford travelling all the way to Ballarat.

I am nervous though as to the chances of the sentence being higher than the initial fine if I'm going the 'ex parte' hearing. Any thoughts on this?

PS: Thanks for the clarification of the speed limit. Is there a website to check speed limits within Victoria?

I will post any updates here.

Thanks Mr. Hardy for hosting this Forum!

[Smiling Assassin]

You will need to disprove the laser speed detector if you want to avoid one month off the road.
The minimum time off the road is one month - the Magistrate upon a finding of guilt can impose a longer time off the road.
You can get the court case moved to another court, that's probably the only thing you'll be successful with.
Wipe off 5 ... Or in your case - Wipe off 25! Bang!

[Boki]

Who the f**k are you. You come on here with a name that should be used in an RPG game, attempting to spread wisdom around by stating the most obvious response to a person that would like to defend a speeding infringement - "You will need to disprove the laser speed detector..."

There is more than one way to win a speeding case, I don't suppose that you could mention a couple more.

You Wipe off 5 you f*cker.

[Smiling Assassin]

Boki - you sound like a very intelligent individual, with a flare for colourful language. In regard to my username - I attempted to get Boki as my username but it was taken. Stick to the topics and refrain from personal attacks.

[Boki]

Just saying that you could have made a better first impression that's all.

[oscar]

wow - you've started early on the piss today boki....usually your abusive threads are after 9pm

[Hardy]

Boki please try to be polite to the newbies! At least until they get to know you and learn how people communicate in Heidelberg West.

They won't move this court case out of Ballarat unless you plead guilty.

[Boki]

@ Oscar - Lol bahahaha. Good call, that was actually kinda funny. Fair play oscar.

@ Hardy - No problem at all Hardy, the newbie post threshold has been raised from 1 to 5 as requested. Still that first post was horrid and it deserved what it got.

[Hardy]

Boki,
I agree with you that it is totally myopic to think that you have to challenge a speed measuring device to win a speeding case. Just like it is crazy to think that you can't defend a drink driving case unless you can prove that the breath testing machine is wrong. I see many police at court who seem to think that is all the case is about, but that mentality just makes it easier to beat them!