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brindo
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Quote brindo Replybullet Topic: challenging a fine
    Posted: 09Aug2009 at 5:49pm
Just wondering if anyone has experience with this?  I just copped 3 point for 65 in a 50 zone up a steep hill with the cops hiding in the bushes.  This brings my total to 13 so loss of licence.  I was going to get 4 points back in september.  On the fine it says you can have the matter heard by a court, has anyone done this?  Is it worth it?
 
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Morjo
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Quote Morjo Replybullet Posted: 09Aug2009 at 9:55pm
Well did you actually do 65k's or were you wrongly fined? If you were wrongly fined see a lawyer who specialises in traffic fines. If you did 65k's then I suggest you just put up with the fine and learn not to do it again. If 50k's is too slow a speed to drive up the hill, then I suggest you talk to the council or Vic Roads (or your states equivalent) about it, but it's not going to get you off the fine.

Edited by Morjo - 09Aug2009 at 9:56pm
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unique
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Quote unique Replybullet Posted: 10Aug2009 at 4:42am
State this was in?
VIC - The Speed Camera Mugging State of Australia.


Arrive Alive & Arrive without a lighter wallet.
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brindo
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Quote brindo Replybullet Posted: 10Aug2009 at 9:30am
Was in Qld
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Scanorama
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Quote Scanorama Replybullet Posted: 10Aug2009 at 9:46am
If you wait until September to pay the fine, will you get the 4 points back before the fine is paid?
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brindo
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Quote brindo Replybullet Posted: 10Aug2009 at 10:45pm
I dont think so but its worth a try I suppose...
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unique
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Quote unique Replybullet Posted: 11Aug2009 at 4:00am
Write a letter or pay I guess... Not sure what else I can say. You were 15KM/h over...
VIC - The Speed Camera Mugging State of Australia.


Arrive Alive & Arrive without a lighter wallet.
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Morjo
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Quote Morjo Replybullet Posted: 11Aug2009 at 4:46pm
Originally posted by unique

Write a letter or pay I guess... Not sure what else I can say. You were 15KM/h over...


I don't think he should bother unless desperate, as he's already had fines in the past.

There isn't much than can be done, maybe a traffic infringement lawyer can think of something, but that's going to cost $$$

Edited by Morjo - 11Aug2009 at 4:48pm
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narcosis
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Quote narcosis Replybullet Posted: 12Aug2009 at 10:28am

If you did 65k's then I suggest you just put up with the fine and learn not to do it again.


Whether he did 65kmh is not the point. Brindo wants to know if going to court has much chance of saving his licence. It might be worth it if the police don't run their case properly. If they can't satisfy the court that they used the laser properly and did everything else legally then they might lose, else it is going to be hard for your word to change anything. That means whether you agree or deny you were speeding is not going to change much in the end. The court is going to accept the police evidence on the speed unless you have some very good reason why they shouldn't. And if you lose, i don't think the court can stop the points.


as he's already had fines in the past.


I can't see how having had fines in the past is going to be a disadvantage for him if he fights it in court.
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Suitcaseau
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Quote Suitcaseau Replybullet Posted: 12Aug2009 at 10:21pm
You can elect to go to court.  It will be many months before it is heard and they cannot take your licence away while the matter is awaiting a court hearing.  That said, if you are convicted the points will be counted from the date of the offence, which will still mean a suspension on points total within a three year period. 
 
But you can elect to go to court and then not turn up in which case the matter will beheard exparte which will have the same result on your licence plus some stautory costs.  Probably worth it while you work out your options.  A full on defence would be expensive.     
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