A Way out of Traffic Infringement - $455 and 4 Demerit Points?

Lashmich on 15/10/2015 - 08:16

I got pulled over yesterday for using my phone while waiting at a traffic signal in Rowville, VIC. Got an infringement notice from the police officer for $455 and 4 demerit points. I guess what made the experience NOT as horrifying is the fact that the officer was quite empathetic and kept saying "he hates writing out such a high fine."

Basically my phone cradle broke off at the base that morning and I just didn't get around to replacing it.

Of course it was my mistake. I KNOW what I did was dangerous. I accept that.

I was just wondering if ANYONE has been able to get the penalty amount reduced or dare I say, gotten out of having to pay the whole amount.

Again, I KNOW its my fault. While I can expect mean judgmental responses from some of the forum users (which is pretty much akin to being a troll, by the way), I'd really like to get constructive responses. Thank you.

Automotive

Comments

  • DarkOz on 15/10/2015 - 08:27
    +43

    No. What you did was not dangerous but it was against the law. You stopped at a traffic light. You were not using it while driving and ran a traffic light.

    • surethang on 17/10/2015 - 12:30
      +14

      I used to think it wasn't dangerous until I had a guy roll into the back of my car after he had stopped at traffic lights. He was a really nice guy, confessing that he wasn't paying attention because he was trying out his new phone.

      When lodging the claim, I asked the insurance agent how often this happens - thinking it'd be rare - and her reply was, "far more than you'd think."

      You're in charge of a heavy vehicle - it only takes a second.

      • Jesmond on 18/10/2015 - 10:05
        +7

        Agreed. It absolutely is dangerous.

        Someone I know took a phone call while driving – I know this is different from what OP said. His attention diverted from the road and he was in an accident in which he became a paraplegic. $455 or becoming a paraplegic? It's just not worth it and nothing is so important that it forces you to take your focus away from the road. His mantra and corresponding advice to everyone now is, when you get in the car, switch your phone to Aeroplane Mode and be done with it until you arrive at your destination.

    • Diji1 on 17/10/2015 - 12:40
      +1

      It's debateable as to whether it's not dangerous IMO.

      To start with the driver is in the situation of potentially having to make a forced decision as to whether they continue to talk when they start moving again. It seems likely to me that in the moment when the light turns green the driver will very easily make a decision to keep talking for a few more seconds rather than hang up the phone.

      A second danger is that people are terrible at multi-tasking which includes switching from one task to another. We are also terrible at estimating our own abilities at tasks. This means that even if the driver has hung up the phone before the light turns green their attention is not directed at the road in the same fashion as if they had not switched tasks.

      • Serapis on 17/10/2015 - 17:50
        +4

        It sure is considering most people drive a car with an auto transmission. Imagine surethang's situation but automatic car, flat or downward slope in front of a pedestrian crossing. Unless you're driving manual, most auto drivers keep card in D while putting their foot on the brake. Person talking on the phone stops applying brake hard enough, car rolls forward and injures someone or rolls across the stop line into an intersection (I've seen this happen). Also have seen people 'forget' to move out of the way for an emergency vehicle and just sit there on the phone.

        IMHO this fine is very appropriate, if you want to check or use the phone, stop the car or park it, then use the phone by all means. Also very annoying when the light turns green and the guy in front is blocking traffic because he's checking an FB alert. If it was up to me I'd allow police to grab your phone, throw it on the ground and kerb stomp it, return the bits and pieces to you THEN issue you a fine.

      • Jesmond on 18/10/2015 - 10:08
        +6

        It's not debatable whether it is dangerous. Part of driving is paying attention at traffic lights. If you're not paying attention you wouldn't notice your car rolling forward, killing a pedestrian or injuring someone in the car in front.

        • JDogg1329 on 21/10/2015 - 11:40
          +1

          If someone didn't notice their car rolling forward at a speed fast enough to KILL a pedestrian I would be more impressed at their lack of awareness than anything else. I think it's bullshit. Can I check the time at a red light? Can I lean over and grab something from my glove box? Can I scratch my balls while looking out the passenger side window? I understand why the law exists tho.

        • surethang on 21/10/2015 - 12:38

          @JDogg1329: There are varying levels of distraction. If you're face down concentrating on writing a text message, that's a lot different from a quick glance at a dashboard clock where you still have peripheral vision. Yes, there are many other distractions that have caused accidents at lights, and yes, people are fined for them too - usually after the fact.

          As for speed, it only takes a slow roll of a few km/h to crush a small child under a car as many people have sadly learned the hard way in car parks and their driveways. Traffic lights aren't the magic exception.

        • JDogg1329 on 21/10/2015 - 12:46
          -1

          @surethang:

          Sure there are varying levels of distractions. Is it illegal to close my eyes at a red light?

        • gimme on 21/10/2015 - 13:33

          @JDogg1329:

          Zing! That's the big failure. The govt legislates against acts they can 'easily' monitor and fine, whereas dozens of similarly dangerous acts will go unnoticed. Problem with this approach is that it makes people DUMB. Instead of using common sense which could apply to many scenarios, people simply rely on what the govt tells them they should or shouldn't be doing. It creates a generation of people who can't think for themselves.

          Not that long ago there was a post here where someone pulled over to make/take a call. Perfectly safe and smart thing to do. The only thing they didn't do is turn off the engine (Transmission in P). Cop notices and fines said driver on a technicality. What did this achieve? NOTHING, except for potentially financial distress and more resentment.

        • JDogg1329 on 21/10/2015 - 14:54
          +1

          @gimme:

          This is exactly my problem with all these stupid laws and technicalities. I'm not saying you SHOULD be playing with your phone at a red light, in fact I think you definitely should not be, but someone further down was saying he had a loud distracting alarm playing on his phone, logic and common sense would dictate I should turn this alarm off when I'm safely stopped at a red light so I can concentrate on driving. But then you run the risk of a $455 fine and 4 demerit points. I read the other day you're not allowed to use smart watches while driving, but are you allowed to use normal watches? Whatever happened to common sense.

        • Ughhh on 21/10/2015 - 16:11

          @gimme:

          The govt legislates against acts they can 'easily' monitor and fine, whereas dozens of similarly dangerous acts will go unnoticed. Problem with this approach is that it makes people DUMB.

          I think people were dumb to begin with, thus need to be spoon fed, and this isn't just limited to driving. It's always easier to blame some one else, especially the government. You can't fix stupid.

    • John Dough on 17/10/2015 - 13:45
      +4

      The danger is getting used to always doing it and having the conditioned response to a notification on your phone, needing to always check it no matter the situation.

    • sandbank0825 on 17/10/2015 - 17:36
      +1

      If its not dangerous or offensive then why should it be illegal? just because something is against the law doesnt mean that the government/police officer is justified in penalizing. A strong case in point is the TPP, the majority of australians are opposed to it, yet it is likely being passed and then we will be subject to some new laws (in some capacity it will effect all of our lives). When this becomes law is it justified for us to abide by it, regardless of the publics disdain for it?

      • arcticmonkey on 19/10/2015 - 21:49

        Most of the public are too ignorant to know what the TPP is unfortunately.

    • iDroid on 17/10/2015 - 18:58

      I don't believe it's overly dangerous (in this situation - stopped at the lights), but it's DAMN annoying when the stupid (not aimed at attacking you OP) phone twiddler takes 20 seconds to start moving after the lights change because they miss the change in lights then wait to be beeped at then put the phone down, then start moving - at this point it gets dangerous as I'll now want to smash the cr@ppers out of you! :)

      Not to mention, you're not aware of your surroundings when playing with your phone, some thing as crazy as a pedestrian or cyclist falling in front of your car, you don't notice then just drive over them (this is obviously a very unlikely example but is still possible). There's likely a lot of similar things that could happen (need to move out of the way for emergency vehicle, etc)

    • Shwayne on 19/10/2015 - 14:59

      If your situational awareness is so poor that you can't notice there's a cop that can see inside your vehicle as a result of interacting with your phone, then I would say you're potentially creating a dangerous situation.

  • Settero on 15/10/2015 - 08:28
    +1

    would it have taken you much longer to just ask the issuing party for forgiveness and beg for leniency than writing this post ?

    • ashmich on 15/10/2015 - 08:29
      +3

      has that helped you before? begging for forgiveness when you got a fine?

      • Settero on 15/10/2015 - 09:21

        no. but thats pretty much your only option and it couldn't hurt.

        • [Deactivated] on 15/10/2015 - 19:57
          +1

          Better off pleading for forgiveness from a judge

        • redlover on 16/10/2015 - 08:52
          +2

          just my experience in the past. I did get fine for $389.00 and beg for forgiveness . wrote formal letter etc. explaining how difficult my financial situation with part time studying and mortgage and how $389 can do so much for me. the reply was sympathetic but they still unable to reduce or remove the penalty.
          good luck to you though! and be more careful on the road next time

        • sandbank0825 on 17/10/2015 - 17:42
          -1

          @redlover: yeah i've had the same experience, although they werent so sympathetic. the fact is that the police have quotas to fill, and when they're "just doing their jobs" why would they ever bother to let anyone off? imo its directly opposed to their interests as a police officer, especially if you consider that fines are about 99% of their job

        • ExpressCoffee on 18/10/2015 - 08:50

          @Liamaaa:
          I actually know a highway patrol officer and he told me that he in fact does have quotas to meet.

          Not justifying using the phone while driving, I've done it before to quickly check a text here and there but it sits in a cradle all the time.

      • Ace26 on 15/10/2015 - 19:32
        +1

        Don't think you can do much once you got the ticket.

      • johnno07 on 16/10/2015 - 16:26
        -7

        Personally - yes.

        As I P plater, I got pulled over doing 15 over. Apologised profusely, treated the officer with respect, didn't try to lie my way out of it - got a warning.

        A few years later I got pulled over doing 21 over. Apologised profusely, treated the officer with respect, didn't try to lie my way out of it - he marked it down as 20 over, instead of 21 over - saving me a point and about $150.

        • highdealer on 16/10/2015 - 19:40
          +16

          You never learn do you…

        • johnno07 on 16/10/2015 - 20:29
          +1

          @highdealer: A couple speeding fines in the last 7 years ain't bad. It's not something I do out of habit. Happens to the best of us. Happens to the worst of us more often.

          Thanks for the comment anyway, Judgey McJudgerson.

        • highdealer on 16/10/2015 - 21:23
          +26

          @johnno07: A normal person don't do 15 and 20 over the limit and think it is ok.

        • highdealer on 16/10/2015 - 21:41
          +25

          @johnno07: Not by more than 5km. You simply dont accidentally go 15km over the limit.

        • djevoultion on 17/10/2015 - 01:46
          +1

          @highdealer:

          Actually, it can happen. I'll outline 3 scenarios for you.

          1. If the motor vehicle is a powerhouse a tap on the accelerator could increase the speed that much extremely quickly.

          2. Going downhill.

          3. Driving in a 50 zone thinking it was a 60 zone and going at 65 or above = 15km or above over the speed limit.

          Not defending speeding, but it can indeed happen to the best of us as johnno07 mentioned.

        • [Deactivated] on 17/10/2015 - 11:54

          @djevoultion:

          A poor tradesman always blames his tools, doesn't he?

        • Diji1 on 17/10/2015 - 12:44
          +2

          @djevoultion: 1. Driver is unable to operate vehicle safely and should be driving a lower powered vehicle so they can control their vehicle.

          1. See 1.

          2. Driver isn't paying attention to the road.

        • Diji1 on 17/10/2015 - 12:48
          +1

          @johnno07: The fact that you're claiming it was an accident is worse.

          You are stating that you were unaware of the speed you were travelling at. This is someone driving in a dangerous manner whist being unaware of it.

          I hope that you try to take an objective view of it and realise that you need to change specifically by paying more attention to your driving.

        • djevoultion on 17/10/2015 - 14:23

          @Diji1:

          So you don't think it is reasonably foreseeable that a good driver would momentarily unintentionally exceed the speed limit whether or not in a powerful vehicle? Your response is that they don't know how to control the vehicle? Please! I don't know what world you're living in but I seriously doubt you have not "accidentally" exceeded the speed limit before realizing and promptly slowing down.

        • tikei on 17/10/2015 - 14:51
          +1

          @djevoultion:
          Not by 20km. Those points you listed above I find hard to believe for people doing 20km over, unless it's a careless driver.

        • johnno07 on 17/10/2015 - 16:27
          -3

          @Diji1: First case was downhill, in the first six months of having my license - was a mistake - hence the cop's lenience.

          Second instance was doing 81 through a zone that had just been changed to 60 for "roadworks" (read: a few cones up). Was a mistake - my fault - paid the fine.

          Like I said - seven years and hundreds of thousands of kilometers of travel with only a couple of infractions is well and truly within reason for your average driver.

        • T1OOO on 18/10/2015 - 01:34
          +1

          @highdealer:

          Yeah what a dic head. When he hits and kills someone lets see him apologies with respect. Perhaps they will forgive him. Or he could bring him to life. People are scum bags. They do the wrong thing but don't want to pay the consequences. So why just do the right thing to start with ??

        • warmmilktea on 18/10/2015 - 12:54

          @johnno07: wait you been on your P's for 7 years? O_O

        • Jackson on 18/10/2015 - 14:48

          @Diji1: First hand experience here, I was driving a Prius when they were still new down steep hills and being a hybrid it didn't have engine braking unless you specifically engaged it with a "B" option on the gear stick. Not ever having driven one, I asked the rental people if there was anything I needed to know and they said no, just like a petrol car.

          I was driving down these hills in a 90 zone, but found I was riding the brake so much that I would let it go, speed up to about 115 (only took about 3-4 seconds) and then slow down again. I was doing this to give the brakes a chance to cool.

          As it turned out the explanation of the "B" option was on Page 1xx of the manual, and the page said that driving down hills without this engaged may result in a dangerous situation caused by overheating brakes. The cop didn't care one bit, but The judge did and I was let off.

          As such, it is arrogant of any system to assume that some simple rule is going to cover everything, if the world was like that we wouldn't need courts.

        • sendoor on 18/10/2015 - 21:45

          Over 21!!!!, you are a death machine in the earth. And do not encourage the public by this.

        • johnno07 on 19/10/2015 - 10:20

          @sendoor:

          As I explained above, I was doing 81 in a zone that was 80 the day before, but had been changed down to 60 for roadworks that hadn't even really begun yet. I missed the sign, and got pulled over. My mistake. When I explained this to the cop and he, using his discretion, decided to mark me down a k. I didn't ask him to do this, but obviously he didn't think I was a "death machine in the earth" - whatever that is.

          Everyone makes mistakes - all you can do is take responsibility, suck it up, pay the price, learn, be a better person. Can I suggest that trying to shame a person for owning up to their errors says a lot more about you, than their errors do about them.

          Have a lovely day :)

        • OneMoreTune on 19/10/2015 - 16:45
          -2

          @highdealer: I do depending on where I am, so I'm not normal…. apparently.

        • [Deactivated] on 20/10/2015 - 12:19

          @Diji1:

          1. 98% road users unable to operate any vehicle, fast or slow.

          2. I don't see speed as an issue. I speed everyday and am safe on the road.

          It's other idiots on the road who don't pay attention that cause problems

        • [Deactivated] on 20/10/2015 - 12:26
          +2

          @T1OOO:

          I hate when people think speed is the only killer of road accidents.

          Wake up, it's not.

          The main cause is driver education.

          If you don't believe me look at the road toll stats in Germany, they are much lower than ours and they have unrestricted limits on the freeway.

          The reason this is possible, people in Germany know how to Drive!!

        • Cozdog on 26/10/2015 - 18:30
          -1

          @bti_jet:

          Most people in Germany drive Audi's, BMWs and Mercs with bigger/higher quality treads too. Much better at coping with high speeds and emergency breaking.

        • [Deactivated] on 26/10/2015 - 19:22

          @Cozdog:

          It's not only germans who drive on the autobahn. I have been there and seen bigger shit boxes than what we drive, that are traveling speeds past 130 kph and Still less accidents.

          I have a dash cam in my car, everyday I'm copying files from it to upload showing idiots cutting me off, not indicating changing lanes etc. Everyday

      • tee123 on 18/10/2015 - 01:03
        +1

        If I recall correctly, if this is your first infringement you can ask for forgiveness and possibly have it removed.

  • Marcsie on 15/10/2015 - 08:28
    +33

    Just pay your fine and learn your big lesson and move on :)

    • sandbank0825 on 17/10/2015 - 17:48
      +4

      But what lesson is that? its not like he intended to harm anyone. at most he's guilty of slight carelessness and bad luck. If the lesson is that fines in Australia are excessive then by all means…

      • Serapis on 17/10/2015 - 17:58
        +13

        Most traffic accidents are due to 'slight carelessness and bad luck'. I doubt most people actually get into a car with the intention to harm anyone.

        • sandbank0825 on 17/10/2015 - 18:02

          mm possibly true but i could make the case that this is even more slight than those cases since the car was literally stationary.

        • Serapis on 17/10/2015 - 18:18
          +4

          @Liamaaa:

          Doesn't matter if the car is stationary or not. The point of the fine is to deter accidents, where a driver is using their phone on the road, from ever happening. It is supposed to be a preventative measure.

          It would be a legislative nightmare to try draw the line where use is okay while the vehicle is stationary versus in motion, as this would place a factor of subjectivity to it (ie car is in process of stopping or about to move versus not moving at all). Hence why ALL use of a phone while of the road is banned.

        • sandbank0825 on 17/10/2015 - 18:33

          @Serapis: right, but my point was that the amount is excessive, since in court they usually measure penalty by intent and harm, my argument is that he did neither or at least not in a capacity to warrant such an excessive fine. Call me utopian or something, but shouldnt we be trying to move away from using money as a deterrent for crime, since its only effective on a particular section of society.

        • Serapis on 17/10/2015 - 18:35
          +1

          @Liamaaa:

          Most penalties and fines that examine intent or harm deal with criminal acts (see various crimes acts in different jurisdictions like Crimes Act 1900 in
          NSW). A lot of the other ones such as those dealing things like road use are more preventative measures.

          Money is an effective deterrent but as it stands, it is unequal as poor are worse off versus someone loaded. You could implement a proportionate, income based fine + demerit system like in Finland, high income earners may be fined $100k for using a phone on the road…

          http://www.theatlantic.com/business/archive/2015/03/finland-…

          "When considering a proportion of their income…people are at least constantly risk-averse. This means that the worst that would happen is that the deterrent effect of fines would be the same across wealth or income levels…”

        • sandbank0825 on 18/10/2015 - 00:44

          @Serapis: it makes more sense, like a progressive tax

        • ExpressCoffee on 18/10/2015 - 09:02
          +1

          @Liamaaa:

          I agree but for the majority it may not work. We have some pretty stupid fines that I've been done for.

          1 day before leaving to go overseas I made a quick trip to the shops (2 minutes down the road) to get some toiletries. I was on my green P's but took my parents car as it was the last one in the driveway blocking the other 2 and didn't put the plates up plus I forgot my wallet (license)

          Got pulled over on the way back after remembering I forgot my license. Got pulled up by highway patrol and fined twice, one for no license (even though they verified me on the system just fine) and one for not displaying P plates. I was fine with that one except that they take 3 DAMN DEMERIT POINTS for that offence. That is utter bullshit. Should have just exceeded the speed by 10+km/h to make it worth my while.

    • [Deactivated] on 20/10/2015 - 12:29

      Pay the fine, you know what you did.

      If you can't pay the fine next time, follow the rules.

  • holdenmg on 15/10/2015 - 08:29
    +1

    I'll assume this is still current:
    http://www.legalaid.vic.gov.au/sites/www.legalaid.vic.gov.au…

    I can't see any loopholes.

    Maybe see a Lawyer?

    • ashmich on 15/10/2015 - 08:34

      thanks for the effort:-)

    • Marcsie on 15/10/2015 - 08:36
      +9

      A Lawyer will charge you heap more than $455 :)

      • holdenmg on 15/10/2015 - 08:39
        +2

        Of course, but that isn't the point(s). lol

      • imahapyboy on 16/10/2015 - 17:12

        yeah i charged fixed rate $300 for 1 hour

        • Marcsie on 16/10/2015 - 21:18

          Can I see you 10 minutes for $50 ? lol

      • djevoultion on 17/10/2015 - 01:48
        +2

        Trainee lawyers might do it pro bono for the practical experience FYI.

        • Serapis on 17/10/2015 - 18:00

          Even if it was free representation, you're still looking at $160-200 in court fees (depends on jurisdiction) and possibly an increased fine + other party's costs if you fail which is in high likelyhood. Could run around $2000 - $2500, plus you would have to attend court so it's far easier to pay and forget it.

          Going off above, 10 VIC penalty units at this point is approx $1516.70 (2015 - 2016 figures) maximum fine + court costs + possibly costs for VIC police if you lose.

          Would only be worth the risk if 4 demerit points led to a licence suspension and you needed to drive for a living. There are exception a judge or magistrate can grant (ie. if the suspension placed you into financial hardship, trade off higher fine for no demerit points)

  • tomleonhart on 15/10/2015 - 08:34

    I was just wondering if ANYONE has been able to get the penalty amount reduced or dare I say, gotten out of having to pay the whole amount.

    No. Sorry!

      • slewis69au on 16/10/2015 - 08:25
        +19

        The pigs? Really? Are we in a 1970's cop show?

        I know (Trust me i KNOW i have been pulled over for looking at an off duty policeman funny when he was driving like an idiot) that some of them abuse their power, i know some of them are short men with complexes HOWEVER they are still the ones you call when everything goes to shit and majority of them genuinely want to help people. Let's try to show some respect.

      • jdr on 16/10/2015 - 09:39
        +5

        "…letter to the pigs……"

        Your picture looks a little old to still be in high school.

      • catbrain on 16/10/2015 - 12:12
        +1

        https://www.youtube.com/watch?v=A4v-qJBOoPo (totally safe for work)

      • Skinnerr on 17/10/2015 - 15:17

        +ve for the pigs lol.

      • save my dollarydoos on 18/10/2015 - 11:36
        +2

        Have some respect for the people that get paid a pretty average wage for a job that involves a shit load of misery all in the name of your safety

  • Cheeper on 15/10/2015 - 08:39
    +29

    Just out of curiosity… was the need to use the phone an urgent one?

    High fines for this sort of thing exist for a reason and the chances of reducing or getting out of it are pretty much zero.
    Call me names (troll) along with others here but here are the facts..
    a. You were using your phone.
    b. You knew that there would be a fine if you got caught.
    c. You got caught……

    I can't see how a lawyer will help… you did commit the offence, and the lawyer fee will most likely be more than the fine which will also still need to be paid.

    I can give you a tip that will avoid further fines…
    … forget your phone while you are driving.

      • Cheeper on 15/10/2015 - 08:57
        +37

        Mate… you committed an offence and are 100% guilty. You want someone to tell you some way out of it? It does not exist.
        Such is life in the adult world. .
        You are not the first person to get caught and wanting to find a way out of it… Check out the automotive (fines and infringements) forum on whirlpool… there are these kind of posts almost daily.

        Mobile phone use while driving is a hot topic these days which only further reduces your chance of escaping any penalty.

        The only good advice that can be given that will help you is to not get caught again, as many do!!!
        The $450 will hurt your pocket for a while and I feel your pain… I understand that, but sometimes that is how we have to learn.

        In short… no, there is no way to escape your fine.

        • Cheeper on 15/10/2015 - 09:01
          +26

          @ashmich:

          Learn the hard way then…

        • Cheeper on 15/10/2015 - 09:06
          +28

          @ashmich:
          You want a way out of paying a fine for which you knew was illegal and admitted you are guilty.
          What do you want??

          There is no way of avoiding it…

        • Cheeper on 15/10/2015 - 09:10
          +14

          @ashmich:

          LOL… OK, any time you get a fine, come back and we will take up a collection for you. :-)

          Mate, I feel you pain !! I got hit with fines when I was young and know how it hurts, especially when you don't have the $. The tip I gave you is the best one you will get… forget the damn phone when you are driving, that will save you another $450.

        • Skinnerr on 17/10/2015 - 15:20
          +5

          @ashmich:

          "please help me get out of fine guys, anything not related to helping me dodge fine is troll"

          "Reality and criticism is also troll"

      • gimli on 16/10/2015 - 10:08
        +15

        Classic ozbargain post where op self destructs.

        Grow up

      • [Deactivated] on 16/10/2015 - 14:24
        +10

        mummy can't bail you out of this one. suck it up and grow a pair

  • pjetson on 15/10/2015 - 08:51
    +8

    I was just wondering if ANYONE has been able to get the penalty amount reduced or dare I say, gotten out of having to pay the whole amount.

    Not for this offence (or, for example, running a red light). Basically, the only traffic infringements that you can get out of are for low level speeding.

    However, it can't hurt to write a letter outlining the circumstances of the case, admitting the offence, and asking for it to be withdrawn based on your previously good record.

    It can't hurt, but it's highly unlikely that they will withdraw it.

    • ashmich on 15/10/2015 - 08:54
      -5

      You're probably right. It probably IS unlikely that it will be withdrawn. But the officer DID mention a number of times "Your record is spotless and I really hate having to write this ticket for such a high fine". He was even very apologetic.

      Thanks for your suggestion. :-)

      • pjetson on 15/10/2015 - 08:56
        +2

        Write the letter and let us know what happens - you have nothing to lose.

        There have been example letters posted here and on whirlpool.

        • ashmich on 15/10/2015 - 09:04

          thanks. I'll give it a try.

        • klftpg on 15/10/2015 - 09:37
          +4

          I live in the ACT and I wrote a letter just recently. But my fine was for speeding (10km p/h over the limit). The reason I asked for the fine to be withdrawn is because of my spotless record. Received a letter in the mail stating my request had been approved and the fine was withdrawn. Using a phone may be viewed a little different but if you explain what you have in the original post you just never know. Worth a try.

        • love2buy on 15/10/2015 - 23:12

          @klftpg: say if you committed the offense again, and wrote again in the same manner, would the outcome still be the same?

        • lostn on 16/10/2015 - 23:17

          @klftpg: I had a spotless record too, but my first (and only) driving offence was running a red light. No sympathy there (didn't expect any really).

        • Click_It on 16/10/2015 - 23:49
          +1

          @lostn:

          I've gotten myself and my wife out of parking fines (once each) by writing my case to the state debt recovery. Both of us have spotless records which carries wait.

          Apparently it's impossible to get out of red lights and school 40 zones (and fair enough too), I dare say mobile phone is probably in the same category unless you could prove it was an absolute emergency. Since this was not, I don't like the chances, but try anyway, they can only say no.

        • Cheeper on 19/10/2015 - 01:53

          @Click_It:
          Even on the "get your hand off it" ads on tv they say "no excuse".

        • Click_It on 19/10/2015 - 09:46

          @xywolap:

          Ah, well there's the answer then.

        • gromit on 19/10/2015 - 15:22

          @klftpg: A little too different I think. it is easy for someone to unintentionally drift over the speed limit with a short lapse, a previous clean record is a good way to show this is not something you intentionally do. There is no scenario that you can claim you unintentionally used your phone, it is a deliberate act. But then it is always worth a try with a letter, would not hold much hope for it though as intentional dangerous acts are not looked on well.

      • snook on 16/10/2015 - 11:16
        +5

        The cop is only saying that because that is his manner of issuing a fine. It means absolutely nothing. They all have a manner so that the person they are issuing the fine to doesn't feel the need to rise up and punch them in the face. Inside he is going haha idiot.

      • psy on 17/10/2015 - 09:35
        +2

        If he was so apologetic, he would have let you off with a warning.

Login or Join to leave a comment
Login Join