Fine while on 'Good Behaviour' - leg to stand on?

[Infanti]

I made a couple of mistakes when i had my licence real early on. 3 seperate occasions, lost 1 point in Jan 08, another 1 point in March 08, and 3 points in May 08. Right away i realised that if this is going to keep on, then i would be in big trouble. Turned a new leaf instantly. Went back to L Plater Style Driving. Two hands on the steering wheel (most of the time) never sped, not even to overtake people, just sat patiently in the middle of left lane all the time. Because i had lost 5 points in under 1 year on my P's, im was given 2 options. Good behaviour for 12months where i cant lose a point, or suspended licence for 3 months. I took good behaviour because i knew i was going to do the right thing. My last fine was in May 08 and i elected good behaviour in late June 08, but they didnt start the time until 7th Aug 08 for some reason. Which means 7th August 2009 is when it finishes.
Last night (monday 13th July) i was coming home from the movies (btw dont see bruno) and it was dark and the roads were wet. I was the only one in my car, driving normally like i had done for the past 14 months, and came up to a roundabout.

Image 1: I rolled up to the round about and checked to the right (didnt see the other car), just looked straight to the entrance to the round about directly to the right of me, where the cars would usually come from which you need to give way to.

Image 2: Im just getting to the start of the round about and look left to see if there are any other cars that i need to be wary of, no one was there. Now the other car is coming back around to my side. Havnt seem him yet

Image 3: I enter the round about and look out of my window (to the right) to see a car fairly close. I was shocked, it scared the hell out of me and i quickly accelerated to get out of the way.

Image 4: Due to heavy acceleration in wet conditions, the car span out. Ive never done burnouts of anything like that, so when the back went out, i just gripped the wheel and pressed the brakes hard. i continued to spin until i came to a stop, facing the wrong way in the round about. I put my hand out the window, to do one of those wave apologise kind of guestures, and blue and red lights turn on. The other car is an unmarked police car.

Get pulled over obviously and i frantically try to explain it was an honest accident and i just didnt see him. He said okay and was nice about it but continued to say that im still getting fined. I told him that im on good behaviour and i have 3 weeks until it runs out, and that im not a stupid driver, i just made a mistake by not checking the round about completely and that i didnt see him. That obviously justified why the car span out coz of the shock of a car being right next to me coming towards me. I got a fine for 'failure to have control' and 'not giving way at a round about', which was also 3 points. I apologised again and he said "i know mate". Was nice about it and sounded sympathetic, but what can he do.

So ive not lost any points of been pulled over or anything for 14 months, but had 3 weeks left on good behaviour. I havnt paid the fines coz i know that going by the documents i have, it will mean i lose my licence for 6 months. The fine isnt due til 28th August, so if i wait, i could pay it after good behaviour runs out.

Is there anything i can do, like try and come to an agreement by where i keep my p's for another year or 2, or go back on good behaviour. Do community service, ect. Im due to get my full licence in Nov 09.

I told my boss today and he said im not much good to the club without a licence. Plus i start at 7am. Im also doing a diploma at night school and its 40mins from my house down the freeway. And my girlfriend of 4 years is living in Tasmania, Launceston atm. Without a licence im in alot of trouble.

Any suggestions?
Im in Victoria.

[Ado]

Wont comment on what happened(leave that for the vultures)but you wont have a leg to stand on.Im sure you will now be off the road for 6 months(for full licence anyway,not sure if on Ps).Start making plans for not being on the road mate as you will soon get a letter from VicRoads.

[TVR-190]

ur up shit creek without a paddle im afraid

[Infanti]

i thought so.....thanks anyway, just a dam shame coz i was really trying to do the right thing. Never lost my licence for the stupid things id done im the past, and i little accident at a round about puts me over the edge. Going to be alot of life changing moments for myself i hate to say.

[danja]

Unfortunately I don't think you have much of a case, regardless of anything else, you did lose control of the vehicle and you did fail to give way.

You could have the matter heard at court, plead guilty, but ask for leniency. It is possible the magistrate may be able to waive the suspension if you present a good enough case. I wouldn't count on it though, given your sketchy history - the only thing you have going for you is the fact that losing your license will cause you hardship. You should get something in writing from your employer if you intend to pursue this avenue, and proper legal advice too ideally.

Paying the fine late is not going to help you any, as suspensions etc are determined by the offense date. All it will do is delay the start date of the suspension.

[HamaTime™]

That's harsh. Don't think you have any other choice mate. You can't appeal anything because you have no priviliges (i.e. no good record, even worse since your on good behaviour). Bit of a bummer about the cop but then again, there are some that don't care what the circumstance is or what happens. They see the situation...they know the law, whether it's the right thing to do or not, they pull out the book on you.

Sorry mate, pretty unlucky. If your in Ringwood, which roundabout was it? wasn't the one on Oban Road/Warrandyte road was it?

[Infanti]

no i was at the glen shopping centre. The roundabout behind century city. Might just pay it tomorrow and cop the suspension now.

[Infanti]

btw thanks for not being rude about it....i really appreciate it!!!

[Grennan]

no i was at the glen shopping centre. The roundabout behind century city. Might just pay it tomorrow and cop the suspension now.

Oh man, ok i was going to give you the suck it up routine, but that roundabout is HORRIBLE, seen countless people loose it on that roundabout in the damp, and depdning on which way the copper was comming from theres not a lot of visibility, especially in the rain... I live just down the road from there.

[Philthy]

Its a bit of tough luck mate. Sounds like you were genuinly trying to do the right thing, but in the cops eye you have just done 2 things wrong, both of which were unsafe so you got the ticket.

As far as appealing or anything goes, definately give it a go, but I'd be suprised if you managed to keep driving. Especially with a dodgy history like you have

[some_guy]

big shame man. u sound like a kid who had actually had some concrete after recieving your fines and decided to turn over a new leaf only to be slapped in the face. hope it all works out for you mate

[HamaTime™]

Oh man, ok i was going to give you the suck it up routine, but that roundabout is HORRIBLE, seen countless people loose it on that roundabout in the damp, and depdning on which way the copper was comming from theres not a lot of visibility, especially in the rain... I live just down the road from there.

Yeah that is a pretty fricking terrible roundabout. I was driving on that roundabout with my mate in his old VC wagon, hadn't rained in a while and it just bucketed down, so roads were really oily. Accelerated slightly harder to get out of the way of someone who obviously hadn't looked and my mate lost control and just spun out...sucks

Sorry mate, bad luck, give it a try at appealing it if you want but I don't think you'll get anywhere.

[GetToDaChopa]

That is very unfortunate, i do hope they could make an exception but very unlikely.

A good friend of mine had an accident ones (with all honesty it was not his fault) there was snow or ice on the road and he lost control of the car (not speeding or anything, but he should have taken more care due to the conditions) he rolled the car over twice but was alright, the car behind him also spun out some elderly woman was driving it. And guess what, he still got a fine for reckless driving (or whatever its called).

And in this case it really does not look promising.

[Cobez]

no i was at the glen shopping centre. The roundabout behind century city. Might just pay it tomorrow and cop the suspension now.

Oh man, ok i was going to give you the suck it up routine, but that roundabout is HORRIBLE, seen countless people loose it on that roundabout in the damp, and depdning on which way the copper was comming from theres not a lot of visibility, especially in the rain... I live just down the road from there.

I was gonna say the exact same thing, i thought this was another "i did the wrong thing but **** the police anyway" threads, but i totally agree, that roundabout IS a bastard, the bitumen has NO GRIP AT ALL, it's all smooth and glossy, i too have seen alot of cars lose it around there and clip the gutter, alot of taxi's too. Lots of ricers too, after all, Kingsway IS the new Springvale.

Hard to say though mate, coppers discretion i suppose.

[one_and_only2004]

Maybe you could do what my friend did - he got caught speeding on his red P's in NSW (which is instant suspension) BUT he could go on to his green p's 2 weeks after this happened, so what he did was wait till the two weeks passed, got his green p's, paid the fine, and he's still driving around these days like nothing happened.

You might as well wait it out till you're off your good behaviour thing and pay it then - it probably wouldn't hurt anything to try.

[Amped]

the point's don't get taken off till you pay the fine

[daggett]

Yep, I would be waiting until your off your good behavour, I mean you can strech not paying the fine out for nearly two months, 28 days from date of notice plus another 14-28days from the reminder.

[f1tzy]

In qld thats not the case

[S2_VR_]

what happens after the reminder?...

[gopher]

Is there anything i can do, like try and come to an agreement by where i keep my p's for another year or 2, or go back on good behaviour. Do community service, ect. Im due to get my full licence in Nov 09.

i doubt that they would give you another chance seeing as you have already lost your license twice in a year.

[Philthy]

Wait til its almost due, ring and say you are having trouble getting the money together, and that should get you another free month or so

[Torquative]

if you watch my name is earl i reckon thats karma coming back to bight you one more time.

dont let it get you down, you stuffed up in the past to the point of finding the fine line then stepped back. One downside to being on the fine line is if you do accidentally stuff up you might just trip over that fine line, like has happened here.

Good luck with tho, sounds like a genuine mistake from someone whose learnt his lesson.

[Stretcher Bearer]

It's a shame mate, but......

With all the comments about a prick of a roundabout, that is even more incentive to be on the ball in dicey conditions.

Adaptability in adverse conditions is one of the biggest lacking skills in novice drivers.

Unfortunately niceness means nothing in a crash. Whilst unexpected hazards like black ice or debris can contribute to a crash or loss of control, it is expected you change your driving to suit the conditions (which I think you get anyway so no beating you around the head with it!)
I would think the date of offence would be the overriding determinant in suspension. You could as mentioned plead for leniency in court and just try you luck

[Jimmyblonde]

This seems ludicrous.

All the evidence is in your favour, I'd argue the point in court if possible. The driving conditions should justify your argument if the specs of your car indicate that it has high torque and a sensitive throttle/ no traction control. (Who uses TC anyway?)

Talk to a lawyer if you can, you will get off.

If you can't afford a lawyer then keep postponing your appearance in court until your demerit points recharge and you can cop the offence without losing your licence.

If all else fails then just show up in court and be as clean cut and well spoken as you can.

[danja]

the point's don't get taken off till you pay the fine

The points don't get taken off till either 1) you pay the fine, 2) the fine becomes overdue, 3) they are ratified in court. When they do however, for the purposes of working out of you get suspended, the actual date of the offense is used.

Another important concept is that the suspension doesn't start from the date of the offense, it starts from whenever is stated on the notice of suspension, which can in some cases be months after the actual offense.

It won't hurt to pay the fine right before the due date, but don't expect it to help you any.