Got a Traffic Warning and Then a Ticket?

chukkii on 25/02/2015 - 19:52

About a month ago I was driving just over the speed limit (108 in a 100 zone, obviously not in a school zone) and was stopped by a police officer.

I immediately apologized and admitted to being my fault that I didn't pay enough attention to my speed. The officer then let me go with a warning based on my otherwise impeccable driving record.

About a week later i got a letter in the mail notifying me of my infringement caution.

However today I just got another ticket in the mail notifying me that I was fined and owe $215 with 1 demerit point..

I have checked and i can verify that this is the same offense I got a warning for (exact same date and time of offense)

Not sure if this matters but what is odd is that the new ticket I just received says that there were 2 occupants in the car whereas the 1st warning only mentioned 1 occupant in the car (i was driving alone).

So my question is what should I do? Should I send in a scan for the warning I got and ask to be "let off the hook"?

Automotive

Comments

  • sempro on 25/02/2015 - 20:16
    -2

    It sounds like you admitted you were at fault, so I guess the only recourse is 'pay the man'. I understand you could have this matter dealt by magistrate, but then you really have to pay the man.

    • NancyCat on 25/02/2015 - 22:04
      +1

      You have to admit fault to get a warning (instead of an infridgement).

  • umamandy on 25/02/2015 - 20:24
    +4

    I would say go talk to them. If you have the proof of the warning and the infringement notice is wrong, it means they stuffed up. If you've admitted you're at fault and you got a warning, then they shouldn't need to suddenly increase the penalty.

  • justhooked on 25/02/2015 - 20:37
    +9

    Same sort of thing happened to me , I called them and they could see the issue once they looked into it and canceled the fine. So worth calling them - good luck let us know what happened

    • chukkii on 25/02/2015 - 20:38
      +2

      What did you say to them exactly?

      I'm thinking of maybe seeing them in person, hat in hand to try and work it out

      • justhooked on 25/02/2015 - 21:15
        +5

        Just explain as you did above they should check there records and see the error.

  • Cheeper on 25/02/2015 - 21:06
    +1

    Write back to them without delay and say what you have said here and ask for an explanation.
    Don't just ask to be let off.

  • what on 25/02/2015 - 21:13
    +3

    If nothing else works.

    When someone has had a good driving record (I think, for the previous 2 years), they can request to have their fine cancelled and be sent an official warning in it's place.

    I have done this myself and know others who have.

    • [Deactivated] on 25/02/2015 - 21:48
      -2

      It's every 10 years.

      • birnie on 27/02/2015 - 16:46
        +6

        I don't know why this is getting negged.
        I tried a letter years ago saying I had a good record, please pretty please..etc.etc
        Response was exactly as above…"must have a good driving record for previous 10yrs"
        It was now over 10 years ago and things may have changed, but it was definately true (NSW too btw if that matters)

        • what on 27/02/2015 - 19:01
          +1

          maybe it depends which state you are in.

          The following is from the Victoria Police Official Warning page.

          For a speeding offence less than 10 kilometers per hour over the speed limit an official warning may be issued if you:

          Hold a current driver's licence, including probationary or current learner driver's permit
          Have not been issued with a speeding, other traffic Infringement or official warning within the previous two (2) years
          Have an alleged speed less than 10 kilometres per hour over the speed limit, and
          Do not deny that you committed the offence.

          For a speeding offence between 10 and 14 kilometers per hour over the speed limit an official warning may be issued if you:

          Hold a current driver's licence, including probationary.
          Have not been issued with a speeding, other traffic Infringement or official warning within the previous three (3) years (a learner permit holder is not eligible for this higher speed warning).
          Have an alleged speed between 10 and 14 kilometres per hour over the speed limit, and
          Do not deny that you committed the offence.

      • momov3 on 27/02/2015 - 17:22

        It's the 2 years of clean driving record without any outstanding cautions in place 2 yrs before the date of the offence you are now being charged with. It's not 10 yrs. I called Victoria Police to enquire for a caution for a P plater in my house, and the caution was granted and fine cancelled as well as demerit points not allocated to her driving license.

    • what on 25/02/2015 - 22:24

      Victoria Police Official Warrning document

      http://www.police.vic.gov.au/content.asp?document_id=10369

      (not sure about other states, probably different conditions)

  • boonanza on 25/02/2015 - 21:19

    I would definitely be contesting the fine.

    • Davo1111 on 26/02/2015 - 03:50

      on what basis?

      • [Deactivated] on 26/02/2015 - 06:53
        +10

        Emotional distress. It's Mabo, it's justice, it's law, it's the vibe and… no that's it, it's the vibe.

        • [Deactivated] on 26/02/2015 - 11:29

          no that's it, it's the vibe.

          Are you Jez from Peep Show? lol

        • [Deactivated] on 26/02/2015 - 13:25
          +3

          @waterlogged turnip: You haven't seen The Castle?! It's a classic Australian movie about an OzBargaineresque fella who goes to court to save his home.

          Tidbit for those who have seen it: in 2011, the Bonnie Doon shack was listed for sale. "They ring up and ask how much it is and then tell you 'you're dreaming'," agent Dean Shipley said.

        • [Deactivated] on 26/02/2015 - 13:28

          @Thrift: Shamefully, I have not seen it :( I'm more a Brit Comedy TV junkie than a film buff. Being an Aussie movie though, and having heard of it a billion times over the years, I should definitely have seen it by now.

        • boonanza on 26/02/2015 - 19:11

          What Thrift said…

  • [Deactivated] on 25/02/2015 - 21:28

    Just write in and say you've received a warning for the offense and not a fine.

  • Richardc on 25/02/2015 - 21:35

    sounds like they mixed ur detail with someone else

    • SlickMick on 26/02/2015 - 10:58

      That's what I wondered. If the fine says 2 people in car and there wasn't, it is clearly a mistake and you shouldn't need to pay that notice. (They would have to correct it??)

      My daughter received an infringement for her car being unlicensed, but the license plate mentioned isn't her car. (One digit wrong.) Do they do a wildcard search rather than exact match when trying to find owners!!??
      (I don't know whether it could have been her or not - she hasn't fessed up.))

  • spychiatrist on 25/02/2015 - 22:32
    +1

    Could be a speedcam on another area that led to the infringement.

    • hazzad on 26/02/2015 - 07:45

      He said he verified it was for the same offence.

  • RockyRaccoon on 26/02/2015 - 07:42
    +1

    As others have said write back. BUT enclose a copy of the warning notice you received, just in case you get a someone who won't or cant find the warning

  • peterlong1952 on 26/02/2015 - 11:37

    The warning is reviewed and as long as you

    Hold a current driver's licence, including probationary or current learner driver's permit
    Have not been issued with a speeding, other traffic Infringement or official warning within the previous two (2) years
    Have an alleged speed less than 10 kilometres per hour over the speed limit, and
    Do not deny that you committed the offence.

    Otherwise they may issue the fine as per Victorian law.

    • momov3 on 26/02/2015 - 16:00

      Correction: Up to 15 km over the speed limit (14 km is the maximum), licensed drivers and p platers (green or red) can apply for caution, of course you must have had a clean record 2 yrs prior. And admit to your fault. L drivers are allowed a review/caution only if the speed exceeded is below 10 km over limit.

  • Thenarrator on 27/02/2015 - 21:08
    -2

    these police guys just reaping money for the government.. Id support them if they'd be digging ISIS out. This is like their milk run getting some cash

  • Maxxjet on 27/02/2015 - 22:03

    Why did you get warning when you were only 8km above the limit? Isn't that only over 10km get fine? Or this only applies in NSW?

    • Geewhizz on 02/03/2015 - 06:52

      You're mistaken. For 10km over, or less, it's 1 demerit point and a $109 fine

    • pmupsinep on 02/03/2015 - 21:27

      Most speeding fines issued in NSW are for less than 10km/h over.

    • Randxyz123 on 06/03/2015 - 21:34

      In Victoria because it is in the dark ages you can get a fine for being 1KM over.

      OP call the number and get them to look into it. The officer must've put it in anyway.

  • chukkii on 30/06/2015 - 07:37
    +1

    Thanks for all the helpful comments guys,

    I applied for a warning (Note: I did not appeal the decision) and I was granted the warning and told to ignore both tickets

Login or Join to leave a comment
Login Join