To Contest???

[Slippy_Trippy]

I feel I have grounds to contest here but the people here seem to know how things go so thought I'd ask.

Pulled over for a "Random Breath & License Check" and only had 1 P plate displayed. I will go over the story.

Pulled Over. Explained that the P plates simply do not stick to the window and I showed the cop my window (clean as a whistle) and also pointed out the cloth tape marks where I had tried to tape the plates up.

The fron plate was blown out the window earlier in the night as we had both front windows down and the windscreen vents on full to unfog my window. I took the back plate and stuck it in the front as I was going through citylink without an e-Tag and figured since they were gonna photo me it would be better to have it in the front (hahaha).

Nothing else wrong with the car, no BAC or other issues and I was nothing but polite. Had legit reasons for being in city etc.

Main reason I want to contest is the ridiculous 3 demerit point loss which will leave me on 1 demerit.

Probably worth noting I am currently in the process of contesting another infringement but that is regarding toll zones and I am clean of this one entirely.

Cheers

-Slippy

[vlv8vic]

wear it. you broke the law and that's that.
Seriously, what's with all the threads lately where people have done the wrong thing but feel they have 'grounds to contest' their fine?
I managed to keep P-plates on my car for the 3 years i needed them - yep, i was asked to move them to the area next to the number plate, then again by a different cop to another spot (difference of opinion there). In the end it was well attached to the outside of the car where it wasn't going to be blown off or considered not-visible due to window tint.
As a P-plater it's your responsibility to make sure your P's are attached and visible, you didn't uphold that responsibility - what's there to contest?

[TVR-190]

wear it. you broke the law and that's that.
Seriously, what's with all the threads lately where people have done the wrong thing but feel they have 'grounds to contest' their fine?
I managed to keep P-plates on my car for the 3 years i needed them - yep, i was asked to move them to the area next to the number plate, then again by a different cop to another spot (difference of opinion there). In the end it was well attached to the outside of the car where it wasn't going to be blown off or considered not-visible due to window tint.
As a P-plater it's your responsibility to make sure your P's are attached and visible, you didn't uphold that responsibility - what's there to contest?

agree, sucks but cop it on the chin

[And_ROOS]

Ive never had plates fall off, but fair shake of the sauce bottle here that a plate falling off should be a warning and an immediate trip to the servo, not a 3 point loss for something that could be entirely accidental.

Want to drive around deliberately with no plates? Fine, you wear 3 points. But when 1 comes off, which occasionally happens, the law is far too harsh.

[hsvpunk]

Not another contest one....

you did the crime, you pay the fine.

There are servos, you couldve bought another p plate etc..

Why u took it off the back and put it on the front, i dont understand. as eastlink/citylink dont matter about L or P plates on cars. its the rego of the car thats counts.

[vlv8vic]

Want to drive around deliberately with no plates? Fine, you wear 3 points. But when 1 comes off, which occasionally happens, the law is far too harsh.

Cops aren't going to know this though are they. How will they know if this clown has been driving for 5 minutes without p plates, and not 5 weeks? They don't. As you said yourself, they aren't hard to keep on.

[Jecs]

those green P plates that were sent in the mail were terrible. mine never stuck up properly from day one. even now i see P plates help up with blu-tack or tape.

i do think the penalty is to harsh, when it doesnt effect your driving in anyway. one night after a mates bday we were driving home. cop pulled us over, the rear P plate had fallen down and was layin on the parcel shelf. mate got a fine and 3 points

[Slippy_Trippy]

I managed to keep P-plates on my car for the 3 years i needed them - yep, i was asked to move them to the area next to the number plate, then again by a different cop to another spot (difference of opinion there). In the end it was well attached to the outside of the car where it wasn't going to be blown off or considered not-visible due to window tint.
As a P-plater it's your responsibility to make sure your P's are attached and visible, you didn't uphold that responsibility - what's there to contest?

Out of curiosity did you have red plates? I hate saying it because it sounds ridiculous but the green ones do not stick up well at all, why I have no idea either. As for external plates, anything not bolted to the car around here will be gone by morning and I'd rather not puncture my car.

As for doing the crime and doing the time (or fine), If you read the main reason I am looking to contest is the demerits. If they still want to slap me the fine that is fine (unintentional bad pun).

Additionally I did buy new plates that night which by morning were on my dash and parcel shelf of their own accord.

[Jesterarts]

Use bluetak or something...

As much as it sucks mate... you're legally not allowed to drive without both P plates displaying.

And the cop has no way of knowing if it just fell off or if you haven't been had it up for ages...

Best bet is soon as it falls off... pull over... put it up... or if you loose it out the window... same deal.. pull over and find it if it's a quiet road or pull into the nearest servo and get a new set... have a spare set in the glove box... it's an extra couple of bux that should keen your nose out of a losing points and money.

I do agree that it sucks though mate... but rules are rules...

I wouldn't bother contesting it... can't see you winning this one... sorry

Good luck!

[hsvpunk]

contest it if you wish, but your just guna end up paying the court costs aswell.

[TVR-190]

you can get them to stay on if u try, my front is screwed into the license plate, rear is cable tied to the towbar

[maginoodle]

had my p plates on my car for 1 year, never took them off. they never fell off. the only time i had to get new ones were when they were taken off during school. back then i used to drive around flat out every where i went(had a gd galant s/wagon top speed 140).

[Scooter79]

Here's a thought. Get one of those plastic holders that screws on to the side of the number plate. Then if you're worried about someone stealing your P plates use a cable tie. There's always a solution to every problem.

[Philthy]

I keep a spare set in the glovebox. As soon as I realised how crap the green ones we were sent are, I got another set and keep the crap ones in the glovebox with some bluetac, and theres tape in my car as well if they still fall down.
i wouldn't bother contesting. What's the fine for? Driving without a P plate...what were you doing? Driving without a P plate.
If you had been speeding would you say "I had only been doing 125kmh for a minute" or, "I didn't realise I had accidentally crept up to 125"? (Well some people would)

[crazyspoon05]

Just cop it on the chin

Every serving officer would have heard the 'it just fell off tonight' story a lot and out of those probably only 1 in 50 were being honest when they said it

At least with only one point left you'll be careful to follow all the legal things you need to know and adhere to should you wish to continue with the privilege of driving

[Tsunamix]

I dont know - I kind of think you have a shot with this one.

IF - you got to court and say "Your honor, it fell off earlier that same night, I was on my way to purchase a replacement" you may get somewhere. You did have one of the 2 clearly displayed correct ?

While the law is the law, the law enforcement bodies must offer a reasonable period of time in which to replace. Hell they give you 24 hours on a bald tyre, and longer on defect notices. If it has literally been a matter of minuets (or a couple of hours).

Even better, do you have a witness as to when it flew out the window ? present them in court as well.
they can't prove you wrong, but it comes down to pleading a 'reasonable' compliance with the law. If you can't honestly and clearly say that you were trying to comply, then you will get hosed.

I'd be inclined to risk the extra dollar fine of court costs, as you may get the points penalty waived. It's not garunteed, and will probably come down to the magistrate in question, but I can't see how any magistrate will rule against you in this situation.

I think of it this way. Your driving on a highway, 1pm on a sunday, 25 K from the nearest servo, when you pothole in the road knocks one of your P plates off. You stop and search but cant find it. You drive to the nearest servo to get a replacement. 100 Yards before the servo you get pulled over for a randomn breath test, and the officer books you for a missing P plate.

Where you taking reasonable steps to comply with the law ? - Yes. Unless the magistrates expect you to park your car, call a taxi, travel to the servo and back, affix plate and drive off, then your taking reasonable steps.

They will not find you innocent - you DID at the time not have both p plates affixed. But you were also not driving without P plates, you did not attract police attention for any other reason, except sheer randomn chance.

Magistrates do have the power to wave penaltys in QLD.

[Deutscher]

I've never had a P plate fall off. I've just got off mine. I had the ones that you spit on and stick to the window xD (the floppy ones, not with the suction cap). I've never been pulled over by cops and had darkest legal tint and you could barely see the plates. I suggest getting those ones.

[vlv8vic]

Out of curiosity did you have red plates? I hate saying it because it sounds ridiculous but the green ones do not stick up well at all, why I have no idea either. As for external plates, anything not bolted to the car around here will be gone by morning and I'd rather not puncture my car.

As for doing the crime and doing the time (or fine), If you read the main reason I am looking to contest is the demerits. If they still want to slap me the fine that is fine (unintentional bad pun).

Additionally I did buy new plates that night which by morning were on my dash and parcel shelf of their own accord.

Yep, mine were red and were attached to the numberplate at the rear of the car. Wouldn't have mattered what colour they were - i couldn't have them in the window so i went to the effort of making sure they were effective so i didn't end up in your situation. Wasn't much effort either i must say.

[Bax]

I'd say contest it for sure. Have you replaced the plates with new ones already - did you do it as soon as you could?

All the people complaining about not another contest thread, give the guy a break.
If someones doing 90km/h in a 70 zone and the cop says their car was blue not aqua, can I contest. It's those people that should stfu. Trying to cheat the system for their own mistakes.

Granted the OP could have gone straight to a servo immediately, but the cop does sound quite unforgiving in this instance, could have said sure no worries go to a servo and get it replaced, that's a warning.

I'd contest it, write a letter and explain the circumstances, if you have a clean driving record etc it definitely sounds like something that you should get relieved of. But don't hold your breath as it could always get denied.

[xlr8_87]

hence why I bought stick on ones off ebay as you couldn't see the rear one through the tinted glass. The new ones stuck onto the outside.
It's 100% your responsibility to have them clearly showing.

[Slippy_Trippy]

I'd say contest it for sure. Have you replaced the plates with new ones already - did you do it as soon as you could?

All the people complaining about not another contest thread, give the guy a break.
If someones doing 90km/h in a 70 zone and the cop says their car was blue not aqua, can I contest. It's those people that should stfu. Trying to cheat the system for their own mistakes.

Granted the OP could have gone straight to a servo immediately, but the cop does sound quite unforgiving in this instance, could have said sure no worries go to a servo and get it replaced, that's a warning.

I'd contest it, write a letter and explain the circumstances, if you have a clean driving record etc it definitely sounds like something that you should get relieved of. But don't hold your breath as it could always get denied.

My thoughts too, kinda didn't expect to get as flamed as I did. The plate fell off on a Wednesday night at around 9:30pm and I was booked at 1am. I was playing a gig in the city and decided since I was going to autobarn the next day anyway, I'd do it then (have autobarn receipt too). Bought new plates immediately after I was pulled over which was a good idea I think as I saw the same cop car when leaving the city.

Driving record clean excluding 1x speeding ticket for Detected 6kph alleged 3kph over the limit which was on the way back from a gig at 3:30am.

These gigs cost me more than I realise

Also as for court costs etc, do you not get 1 letter to explain? For a $120 fine I'm not going to court and wasn't planning to. Is it the internal review board or something similar one writes to?

-Slippy

[Ado]

If you feel you have a case then contest,dont take it from behind if you dont have to.If you lose then at least you tried.

[vlv8vic]

Also as for court costs etc, do you not get 1 letter to explain? For a $120 fine I'm not going to court and wasn't planning to. Is it the internal review board or something similar one writes to?

-Slippy

You write to Civic Compliance Victoria. INclude all the details of the infringement and hold your breath. Make your letter a good one as they won't bother reading a second or third one.
It doesn't automatically mean you are going to court, you have to specify that you want to contest it in court for that to happen - so don't worry - you won't inadvertently find yourself in court.
If your letter is good they'll reply with a generic type letter explaining that you need to be a good boy - i'm not sure what happens if you are not successful but i'd assume they'd respond that you need to pay the fine by the due date.

[padrickz88]

Should have went straight to the servo and got a new set.....

I will admit something, you must have no sense of heat to have the windows down in melbourne these days, its a ****ing cold down here these days lol

[Slippy_Trippy]

The urge to see out of my window is fairly strong

I dropped 15-20kg since last winter, GAH! So little insulation.

-Slippy