Fight Infringement?

[alien]

Was wondering what people thought if i should fight the infringement i recieved tonight.

Background story: Car behind me came flying up my rear in a 100km/h highway stretch. So i sped up because it looked like he was going to hit me (i'd be devistated if my baby was written off! It's hard to find the black supercharged VY's around, and it's al orginal panels anyways). So i sped up... Worst decision EVER. There was a marked SV6 cop car on the side of the road that got both of our speed. I didn't see it until he was pulling me over.

Asked me if i knew the other car and i said no. The he told me he saw the car coming up my rear fast and that's when i remembered the black 2 door car [can't remember what car]. Anyways, he pulls me over, breath tests me, clean. Says i was doing 127 and the other car was caught doing 122, i said i know i hit 110 but wasn't sure. Says not to worry about the other guy, it's on camera and he'll get an infringement too. Goes to his car and radios in.

Comes back with an infringement notice saying my detected speed is 122 and alleged speed is 120 in a permitted speed of 100km/h. Says that he didn't want to see me loose my licence so he dropped the speed. I thanked him by his rank, then he commented that my front tyre needs replacing [yes you guessed it, he was TMU], so i replied that they're on order (which they are) and that they'll be changed soon.

Now thta's all good, however there is a little discrepancy on the infringement notice!

The Date of Infringement Notice at the top is: 16/03/07
The Date of Offence in the offence section is: 16/03/09

So i was wondering if i should fight it based on that. And just so you guys know, you might want to be careful, the cops can now predict the speed of a vehicle 2 years in the future.

Well yea, should i fight based on that? Even though he was nice eonugh to drop the speed so i wouldn't loose my licence, which i may actually get, depends on when my last offence demerits were added [which was total bullshit anyways]!

I know there was a letter from NZ sent to the prosecutor because the date of offence was his birthday! And they just overturned it, but i dont know if the Victorian Prosecutors will do the same!

I do admit it was stupid! I wouldn't do it again, now thinking about it i should've just faked an emergency and pulled over.

So thoughts?

[Grennan]

Yeah that will be reversable.

[Abrowne70]

pretty sure that because the cop wrote the wrong date down, the infringement notice is invalid as the two dates dont match and therefor it how do they know which date is right.

Ive read about it before and you should be fine.

[vlv8vic]

you'll probably be able to weasel your way out of it. i guess perhaps that two wrongs make a right.
Bottom line is that you were still speeding.

[alien]

Even if the registration plate didn't exist two years ago? That would be able to prove which date is right i guess!

[minux]

What the **** is with people who do the wrong thing and then try to find ways to fight it.

Stand up and take some ****ing responsibility for your actions. Sure he MAY of hit you up the rear, but you COULD of pulled to the side of the road or you COULD of kept doing the speed.

So over people doing the wrong thing then whinging about doing it and trying to find an out. Good luck fighting it, hopefully it backfires.

[NORTI]

pft I tried that & got told it stuck & I had to pay it

[danja]

You should seek professional legal advice. Don't ask the internet.

I have heard that if the infringement notice is filled out incorrectly that the infringement is invalid, but for all I know it's urban legend. I've never heard of it being tried in court.

You can free legal advice, in NSW it's called LegalAid, other states have a similar service.

Don't leave it to chance or it can bite you in the ass. Get professional advice from people who do this for a living.

[alien]

you'll probably be able to weasel your way out of it. i guess perhaps that two wrongs make a right.
Bottom line is that you were still speeding.

I know i was speeding, i admit it was stupid. 2 years of no speeding and then i get caught when trying to save my car's rear! Thats what really annoyed me.

And minux, i know your view, but i never contemplated a situation like that before so i didn't think about the emergency option until after i was home! But that would've been risky too. Truck to the left and only a very thin emergency lane to the right!

danja, i might try and call a barrister i've used in the past to see what he says. As well as legal aid. Also kinda of kicking myself for not joining my uni's guild and being able to get free legal advice! Mum works at a solicitor's so i might speak to the lawyer too and see what he says. But that guy advised wrong last time! And mum isn't too happy and doesn't want to deal with this!

[Grennan]

Yeah he did the wrong thing, but the cops filled out the form wrong, if the copper filled out my rego wrong on the speeding fine I would walk into the cop shop and help him fine me correctly. People need to get off the high horse, you know you would do the exact same thing if your fine was filled in inaccuratly.

You could argue you want the fine thrown out. I know with certain legal documents ie warrants etc if they have a mistake they are inadmissable.

[gopher]

I know i was speeding, i admit it was stupid. 2 years of no speeding and then i get caught when trying to save my car's rear! Thats what really annoyed me.

know what i find funny?
he probably would have just slowed down when he came up behind you.

but by your actions you get the fine and the other driver most probably gets off

you don't really have a justifiable excuse so just pay it and learn

[alien]

know what i find funny?
he probably would have just slowed down when he came up behind you.

but by your actions you get the fine and the other driver most probably gets off

you don't really have a justifiable excuse so just pay it and learn

He didn't look like he was going to slow down at all, got really close before i had to boot it.

And know, he doesn't get away. Hes on camera and the officer got his rego and so will be sending the owner an infringement.

[stocky]

didnt cobez have a form filled out wrong and they just gave him a new one with the right details on it?

[minux]

Yeah he did the wrong thing, but the cops filled out the form wrong, if the copper filled out my rego wrong on the speeding fine I would walk into the cop shop and help him fine me correctly. People need to get off the high horse, you know you would do the exact same thing if your fine was filled in inaccuratly.

High horse? Most people who KNOW they did wrong, pay the fine, regardless of any bullshit error.

As I said, people need to stand up and take responsibility for their actions, not find ways out of it. He can fight it, they will just re-issue a fine with correct details.

[danja]

Unfortunately for you there is no provision in the law for speeding to avoid an accident (as far as I'm aware).

Talk to you barrister, preferably one who specialises in moving traffic offenses. They should be able to set you straight.

On here, you'll just get half the guys telling you you're a bastard for trying to dodge the fine, and the other half giving you their own legal advice based on what they reckon sounds about right

[alien]

Unfortunately for you there is no provision in the law for speeding to avoid an accident (as far as I'm aware).

Talk to you barrister, preferably one who specialises in moving traffic offenses. They should be able to set you straight.

Yea, there's no provisions for avoiding an accident by speeding, even if it IS the only action or the safest option! Well, that's what the cops i know have told me.

My last barrister was the son of a highly respected barrister in the court that my case would be heard in if i decided to appeal. If i was able to get his dad [if he's free that day] he would get me off no problem. He's managed to get hoons off that were guilty and had their vehicles impounded!

But i think i will pay it. The cop did do me a favour and not book me for me and leave me with no licence!

[gopher]

The Date of Infringement Notice at the top is: 16/03/07
The Date of Offence in the offence section is: 16/03/09

be careful the original infingement is now 2 years old

they might just send you straight to jail

[alien]

be careful the original infingement is now 2 years old

they might just send you straight to jail

LOL, but they gave me 2 years and 6 weeks to pay it! I feel as though i'm leaving it to the last minute!

[Fekason]

On a number of occasions in the NSW local court system, I have seen leave granted to make corrections to things like date filled in incorrectly.

Infringement notices are numbered sequentially, so they have the date on the infringements either side to prove the correct date of the cited offence.

I would get legal advice before I tried such a defence else I be branded a smart a**e by the system.

Better yet, follow the advice offered by Minux

[Stressball]

You ever see this thread, Alien-?

Ticket for going to slow..lol - OrlandoForums.com :: #1 Online Community for Central Florida

You deserve what this guy got. Pay the damn fine.

[Jared91]

do everything you can to get out of it **** the people that dont think you should. its worth a shot anyway

[vsiicalais]

i would just pay it, because you were actually stopped by a cop it will be hard to fight it, i received a fine a few months ago, now my surname wasnt correctly spelt so i rung up to see what to do. They said no matter what it sticks because it was written by a TMU copper. You know you did it so i'd just cop it on the chin.

[Jared91]

mate you said you never speed in two years just looking at cars and i found this post

You LOWERED your car? And you live in a country area? Your crazy! My car's not lowered and i was scraping my body kit a couple of times on my holiday in Blairgowrie (Sorrento). Some of the times it may have had something to do with the speed i was doing, but lets not go there.

[stocky]

mate you said you never speed in two years just looking at cars and i found this post

he never said he was speeding in that post

[Zuicider]

if i see sumone speeding up behind me when i already speeding i just wait till their behind me and lockl it up, free rear fix or a ****en laugh