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

  • holdenmg on 15/10/2015 - 08:55
    +7

    Just out of interest, when you got sprung, was the call incoming or outgoing?

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

    Under the law it looks like they could actually fine people up to $1500 for this offence.

    http://www5.austlii.edu.au/au/legis/vic/consol_reg/rsrr20092…

    • Serapis on 17/10/2015 - 18:06
      +1

      Hence better to pay the fine than dispute it… If you appeal, there is chance to end up with a higher fine than what the police officer handed out. Plus you would also have to pay the other party's costs and the court application costs. See a lawyer and they'll tell you, can run up to around $2.5k so don't bother unless you're a person who drives for a living.

  • rrburton78 on 15/10/2015 - 09:06
    +10

    I am sorry but it was irresponsible of you to use your mobile in the car. Just a few days ago, I was driving with my phone in my pocket. The damn alarm starting blaring. When I stopped at a traffic light, I was not tempted to take the phone out of my pocket and stop the tormenting alarm as I knew full well that I could potentially be issued with a fine. I had to pull in to a parking lot to make it stop. If your tempted to use your phone in the car, turn it off. Eat the fine and learn from your mistake.

    • eggnbacon on 16/10/2015 - 01:36
      +9

      So instead of turning off the blaring, tormenting, distracting alarm, you instead chose to avoid getting a fine.

      • twister292 on 16/10/2015 - 14:29
        +1

        You can ignore the noise for a short time it takes you to safely pull over. No different to ignoring a very loud audio track.

        • JDogg1329 on 21/10/2015 - 11:44

          It would take all of 4 seconds to pull the phone from your pocket and press dismiss on the alarm. Perfectly safe to do at a red light quickly. Not legal of course.

      • misu p on 16/10/2015 - 16:43

        He had a concert speaker in his pocket…. how loud does your phone get?

        • twister292 on 21/10/2015 - 15:38

          My phone can hit 80db at full volume ring, which is pretty loud.

          But considering the volume some boofheads play their stereos at, it's probably as quiet as a whisper in comparison.

  • toniyellow on 15/10/2015 - 09:11
    +9

    You can ask for a payment plan / extension of time to pay if it will cause you financial distress.
    http://online.fines.vic.gov.au/fines/Content.aspx?page=19&rm…
    Even if they decide not to grant your request, just by asking your payment time will probably be extended as they often need time to review it.

    As a student I asked for a review of a public transport fine (buying a concession ticket, not realising I left my student card at home) and it took them 6 months to review it because they had a backlog, which gave me enough time to save up.

    The only other option is to ask for a review to cancel it. But it is hard to imagine circumstances that would explain your offence.

    I can think of a few circumstances for leniency for speeding - e.g. sick person in the car on the way to the hospital. If you have evidence of that, fair to ask for a review. Even, I have no prior record of speeding and was driving in an unfamiliar area and missed the speed limit dropping from 70 to 60, promise to be more vigilant and never to do it again. Long shot but fair enough.

    My phone cradle broke doesn't seem up there though. Its not like there is a way you could have temporarily forgotten it was illegal.

    Some people waste more money than that at a casino or on a night out. You've wasted that much money gambling you wouldn't get caught, and lost.

    • bich.light on 16/10/2015 - 14:58

      Ripped.
      My friend was issued the fine for no student card with buying a concession ticket. But she was able to appeal it later by providing a scan of her student ID and sending that to whoever it needed to go to. Also happened with my cousin who was also let off.

      • mirridon on 19/10/2015 - 07:43

        Yeah, they're harsh on this in QLD

  • oscargamer on 15/10/2015 - 09:48

    writing a letter is a waste of a stamp

    3 possible results exist for you….

    1. you can be fined nothing and have no points recorded against you

    2. you can get a reduced $ fine with the 4 points

    3. you pay the ticket and move on

    • lostn on 16/10/2015 - 23:17

      Whether it's a waste of a stamp depends on the probability of each of those possibilities.

  • tonyjzx on 15/10/2015 - 10:01

    IMO fines are completely out of proportion to the actual alleged 'crime'.

    Eg. SA has $400+ fines for 10km/h over?

    • oscargamer on 15/10/2015 - 11:41
      +17

      all fines are a voluntary contribution by the driver !

      no one makes drivers break the road rules

      • tonyjzx on 15/10/2015 - 11:43
        -1

        sure but that argument does not help anyone

        i dont know the OP but I'm putting to you that that 'crime' does not warrant 2/3rd of someones avg weekly wage

        why not make it $4,500? $10,000? No one makes him touch his phone.

        • Ughhh on 15/10/2015 - 12:55
          +7

          If the fine was like $10, people would probably take the call and pay the $10 fine. For $400, majority of people would think twice.

          If the charge for murder was only $5000, there would be a murder almost every day imo.

        • ChrisLevo on 15/10/2015 - 17:21
          +2

          You are right - no one makes him touch his 'phone.

          He chose to, and is stuck with the result of making a conscious choice.

          The penalty is neither here nor there.

      • OzJD on 16/10/2015 - 23:28
        +1

        "no one makes drivers break the road rules"

        I guess you've never driven a passenger bus.

        • schwinn on 17/10/2015 - 15:24
          +2

          Was there a bomb threatening to blow up if you slowed down?

      • Odin on 17/10/2015 - 00:03
        +3

        This sort of thinking allows for idiotic laws to become commonplace. Anytime a law is criticised people say things like "well just don't break the law" - what if the law is wrong? It's like such an idea is unthinkable to people

      • [Deactivated] on 19/10/2015 - 15:41

        True but sometimes youre distracted, in a hurry, or what thd heck who cares about rules! Right? (Just kidding) but you get my point

        You cant always keep your mind on rules, life intervenes

    • Powershopz on 19/10/2015 - 14:55

      Yeah, and they vary wildly from crime to crime e.g. not displaying your P plates is treated as bad as doing 10-24 km/hr over the speed limit.

  • peterpeterpumpkin on 15/10/2015 - 10:07
    +1

    I was more surprised when I read that (at least in my state, NSW - http://www.rms.nsw.gov.au/documents/roads/safety-rules/nsw-r…) you can legally use the phone for GPS and audio functions (if the phone is properly secured) even when moving. It is often said that car radios might be the leading cause of distracted driving, despite not being the most dangerous (e.g. http://www.maggianolaw.com/car-radios-distracted-driving-acc…).

    Surprisingly, our penalty is a bit lower than yours.

    • UFO on 15/10/2015 - 17:19
      +1

      This wont fly in the ACT. You touch the phone, regardless of the function you are accessing, regardless of whether its in a cradle or not, and you can be booked.

      There's also an offense called "Driver Distraction". No points and less money, but gives the police more power to book people who are driving like tools (swerving within lane, distracted by stuffing about with something stupid in the car thats not a mobile phone etc).

      In the case of the OP… mate, if you dont ask you dont get.
      You can apply for leniency due to your good driving record, but that's not a given.
      Ultimately you know you did the wrong thing and openly admit it which is good.
      If you are going to apply for leniency, make sure your letter very clearly states multiple times that it was your mistake and temporary poor judgement and see how you go.

      But mobile phone is not like 5-10km over speed limit where momentary lack of concentration can be the cause.

      I wouldnt mention anything about the cradle breaking off btw… i read that bit and started to glaze over thinking "here we go, not his fault" :).

      Good luck with it anyway. No harm in asking, but its a long shot.

      • Tnetennba on 15/10/2015 - 19:47
        +3

        Incorrect. In the ACT you can use a phone provided:

        • it is secured in a commercially designed holder fixed to the vehicle, or
        • can be operated by the driver without touching any part of the phone.

        http://www.police.act.gov.au/roads-and-traffic/use-of-mobile…

        • UFO on 16/10/2015 - 16:43

          @ brezzo

          Yep… I stand corrected, cheers. I thought there was an "and" to that rule, not an "or".

          Doesnt make much sense that you can text and be distracted while driving by simply having the device in a cradle (you'll be just as distracted imo), but there you go. Stupid laws.

        • Tnetennba on 17/10/2015 - 00:03

          @UFO: I agree. Other states have laws that say you can only access the phone/gps/music (maybe not even music) functions of the phone, even if it's in a cradle. I think NSW has that as a condition. I guess texting if it's stuck onto your dash is OK in the ACT? Pretty stupid if it is, lol.

          I'm also wondering what defines "commercially designed holder". I have a sort of improvised holder which uses some hemisphere-sticky things to keep my phone secure on the dash, I guess I could argue it is secured.

        • eug on 17/10/2015 - 11:00

          @brezzo:

          I guess texting if it's stuck onto your dash is OK in the ACT? Pretty stupid if it is, lol.

          Wouldn't that go against this?

          • can be operated by the driver without touching any part of the phone.
        • Tnetennba on 18/10/2015 - 00:04

          @eug: That is not required, it is an either/or situation, so it can be EITHER secured in a commercially designed holder fixed to the vehicle OR operated by the driver without touching any part of the phone. So it would technically be OK to text (although stupid and dangerous) if it is attached to the vehicle via a mount.

      • twister292 on 16/10/2015 - 14:31

        In VIC you can use the phone provided you hold a full license, the phone is secured in a commercially designed and sold cradle, or if the phone is operated completely hands-free (steering wheel controls or through the stereo for example).

  • oscargamer on 15/10/2015 - 10:11

    you can legally use your phone for GPS in VIC also (some conditions apply)

  • Lee Gee on 15/10/2015 - 10:48
    +2

    posts like this belong on facebook sorry

    • holdenmg on 15/10/2015 - 10:59

      Why?

      Try'n to save "$455 and 4 Demerit Points"

  • Paul Atreides on 15/10/2015 - 11:14
    +1

    OP, best you can do is take it to court I believe.

    Best you can hope for if it was an oversight by you, is a reduction in the the fine. So let's just say hypothetically, best case scenario half the amount, so ~$225. You'll need to pay court fees which will be around $100 (not sure exactly how much in VIC), and waste a full days of your time.

    Not worth it imo.

    • [Deactivated] on 15/10/2015 - 12:09

      best you can do is take it to court I believe… . best case scenario half the amount, so ~$225

      But be aware the maximum penalty for the offence is $1,516.70, so there is the risk of having the fine increased.

      • UFO on 15/10/2015 - 17:20
        -1

        I think its more than 'risk'… you could probably EXPECT an increase for wasting the Magistrates time.

        • prism on 18/10/2015 - 11:44
          -1

          Utter rubbish. You are not going to be prejudiced in a court of law for leveraging your RIGHT to have your day in court.

        • UFO on 18/10/2015 - 22:09

          @prism:

          You reckon?

          I said nothing about your "right" to go Court…. feel free. But if you think that's not going to cost you in Court fees and the real posibility of a higher penalty- considering the maximum penalty is far greater than that already imposed (and its entirely up to the Magistrate's feelings on day), good luck with that.

          You won't be prejudiced for going to Court, but you will be more than likely penalised for wasting the Court's time.

          If you think that doesnt happen, go spend a day in Court and listen for yourself.

  • blitz on 15/10/2015 - 11:49
    +4

    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

    As it probably wasn't the first time you've done this, and you were clearly not paying attention to your surroundings (or you would have noticed the police), I have no sympathy for you.

    Your reaction ("I know it was wrong so do I really have to pay the fine") is also not surprising. Sorry.

  • nocure on 15/10/2015 - 11:51
    +10

    This subject should be on the "probably not a good idea to post" list.

  • Cave Fire on 15/10/2015 - 12:12

    Not legal advice….

    Hi, you should probably post this on the "Get out of paying fines, rego, fees, tolls and rates" group on facebook. There's some people who claim to have beaten traffic fines around Australia.

    • Davo1111 on 15/10/2015 - 12:14
      +13

      facebook is always my first source of legal advice.

      • holdenmg on 15/10/2015 - 12:21

        So, how much Web time a day do you get in Supermax? lol

      • pointless martyr on 15/10/2015 - 13:30
        +1

        Yes, a good place to get a grip on the legalities of a given situation.

        then its a good idea to come to Ozbargain to face your judgement head-on from all the people who have never put a foot wrong on life

        • Davo1111 on 15/10/2015 - 13:42
          +5

          who have never put a foot wrong on life

          *in life.

        • oscargamer on 15/10/2015 - 14:02

          ha !

        • Marcsie on 15/10/2015 - 15:24

          @Davo1111: 10/10 lol

  • inherentchoice on 15/10/2015 - 14:47
    +9

    If you're a good looking young female with rich parents sometimes you can get away with things… even mowing down pedestrians while on your phone…

    http://www.sunshinecoastdaily.com.au/news/appeal-court-stand…
    http://www.sunshinecoastdaily.com.au/news/google-maps-death-…

    • UFO on 15/10/2015 - 17:33
      +7

      That's bloody ridiculous!!! I just took the time to read the entire story and can't believe she wasnt jailed!

      Even the 3 judges said her offence warranted jail time, yet none of them changed the original decision to suspend her sentence.
      Rich white young chick with expensive barrister kills one person while using mobile phone, permanently injures another, and 5 months later again gets caught using a mobile phone!

      Still no jail time.

      Unbelievable.

      I bet if the offender was male, and the victims werent chinese immigrants (but instead a white school girl), jail for those 3 years she had suspended would be automatic.

      I feel so sorry for the family of the victims. Hopefully karma will catch up with this beatch later on.

  • tunzafun001 on 15/10/2015 - 15:23
    +1

    There's something like a "section 9" or similar you can use if you have no prior's etc.

    • Davo1111 on 15/10/2015 - 15:39
      +1

      section 10 dismissal.

      Expect to pay court costs and the like. Probably need a lawyer too to argue your case.

  • Pacify on 15/10/2015 - 19:19
    +1

    $455 for using a phone at the traffic lights? That sure is way more than I would have expected

    • zeomega on 15/10/2015 - 21:09
      +3

      The number of people holding up traffic due to using the phone at traffic lights is getting ridiculously high. Almost everyday i've encountered one. If the fines were say.. the maximum of 1.5k, i doubt many people will be on their phones. Too many distracted drivers on the roads.

      • Pacify on 15/10/2015 - 21:15

        That is true

  • Briefcase Mong on 15/10/2015 - 20:03
    +2

    This is the most pointless forum I've read on Ozbargain mate just pay the fine

  • zeomega on 15/10/2015 - 21:05
    +7

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

    The fact that you're still trying to get out of it does not show that you accept it or any remorse. If you truly accepted it, you wouldn't try to get out of it.

    • [Deactivated] on 15/10/2015 - 23:48
      +1

      Exactly. It is hard to see how you can marry taking responsibility in full while also trying to minimise your punishment.

      Frankly, the evidence is clear that phone conversations are a serious source of distraction while driving. Even pulled up at a light is still 'driving', that is probably why the fine is so high; it is a harsh deterrent.

      I'm afraid you might just have to live and learn on this one.

  • [Deactivated] on 15/10/2015 - 21:44
    +2

    Join the French Foreign Legion and get a new identity

  • lead_org on 15/10/2015 - 22:31

    you can try to pay it off in installments. Very little chance of you not paying the fine.

  • OzzyOzbourne on 15/10/2015 - 23:03
    -3

    Most people can't drive anyway so what difference does it make if they're using a phone at the lights?

  • colinjames on 16/10/2015 - 00:48

    Maybe the solution is to forget the fine, keep using your phone whilst driving, then end up dead or injured from the inevitable accident you will have. That way the fine will be the lest of your worries. I am rather hoping that you are removed from the driving population before you reach the accident stage and hurt someone else as well.

  • Cluster on 16/10/2015 - 02:01

    I'm not sure what kind of responses the OP expects. Yes, people are going to have a go at the OP for trying to get out of a fine that sounds like it's not in dispute.

    Is $400 excessive? I think so. Where I live it's around $350+fees for going 10km/h over the limit. I think that's a little nutty as well and mainly revenue raising rather than about safety, but anyway.

    You can challenge the fine in court. You'll need some sort of grounds to challenge the fine on, such as the police officer being mistaken you were holding the phone. Sounds like the officer and the OP had quite a conversation so it's unlikely that will fly. Going to court and asking for the fine to be reduced due to hardship in meeting the payment may make the schedule of repayment longer.

    But pleading that the fine is outrageously expensive for what it is is unlikely to get much sympathy from the judge. He or she is there to see that the law is followed and it sounds like the OP was caught fair and square.

    Another problem you'll have is that asking for serious legal advice (not OzBargain, not Whirlpool or Facebook) is likely to rack up at least $100 in legal fees on top of the fine.

    I would just pay the fine.

  • BH1 on 16/10/2015 - 03:36
    +1

    We all "cop it" sooner or later.

    First offence? then you might have chance with magistrate( if they are in a good mood), if you got your "shizen" together & if you got representation(gonna co$t). Not worth it unless Relative(free).
    Then you gotta pay the court fee. Most likely you ain't getting off.
    I'm a good public speaker and I couldn't get away with it on my own.

    Bottom line my friend your only losing money. That's all.
    You didn't hurt anyone, you didn't hurt yourself.
    You could have ran the light while on your phone and collected someone(didn't happen and doesn't seem like you).
    Thankfully not the case.

    Better you got caught now than later In a far worse scenario.

    We all make mistakes, I'm no angel and last person on the planet to give it to anyone.

    Accept, learn and move on. ;)

  • windrc on 16/10/2015 - 07:51
    +13

    OP, can you please transfer $500 to my bank account, thanks.

    Fellow ozbargainers, please help to come up with a way or reason to make this happen. No trolls, constructive replies only.

    • slewis69au on 16/10/2015 - 08:36
      +4

      This! That's classic! I would upvote you four times if i could.

      I HATE the "they've obviously never done anything wrong" argument everyone puts forward - of COURSE we've done things wrong, made poor financial decisions, etc. The difference is we took responsibility for them and moved on and didn't try to weasel out of it. Criticizing someone who clearly ISN'T taking responsibility is reasonable.

      • windrc on 16/10/2015 - 16:53
        +3

        I wont call you a troll. But you really didn't help.

  • Gershom on 16/10/2015 - 08:47
    +1

    I notice you don't say how you were using the phone. A call? Texting? Email? Browsing? That would make a difference to me if I were a cop. And were you really only using it after you pulled up at the light or were you still using from previously? That would also make a difference.

    A sub $20 investment in a Bluetooth handsfree kit will resolve any future call issues, but if you were doing something involving reading the screen while driving then I hope you've learned your lesson.

    The number of inattentive drivers you see texting these days is frightening. They deserve to be put off the road.

    • devinadalovely on 16/10/2015 - 16:56
      +2

      I agree. I have been using bluetooths for years and I don't know why anyone would bother putting the phone to their ear. I also use a program called Robin on Android which reads out my texts and asks if I want to reply (by voice) and then request it to send. Iphones have Siri. Bluetooths answer the phone automatically. The best one is Plantronics with a two year guarantee.

  • Baysew on 16/10/2015 - 09:17

    I would be much more concerned about the loss of 4 demerit points, rather than the fine.

  • gimli on 16/10/2015 - 10:10

    Use the LP clause

  • glam77 on 16/10/2015 - 10:16
    -3

    Find an anomaly in the fine…. a spelling mistake, and incorrect number or description… anything like that will work.

    My wifes sister borrowed her car and parked in a disabled car park, got a rightly deserved council issued fine. But they specified the make of car wrong - fine dismissed.

    • Gershom on 17/10/2015 - 00:34
      -2

      And this is the grubby little code that you choose to live your life by? Can't be responsible for your actions like a grown up?And encouraging others to join your deceitful lifestyle? My integrity and self respect are worth more than a fine. That's what people like you don't get.

      • glam77 on 19/10/2015 - 08:26
        -1

        Obviously didn't actually read my post before your anger got in the way gershwin.

        a) it wasn't me
        b) I said the she got a "rightly deserved" fine

        So take your own integrity and shove it where the sun don't shine you "grub".

        Must feel stupid now?

        • Gershom on 19/10/2015 - 15:17

          And you are endorsing this lifestyle by telling the OP to look for a typo. If you ever find any integrity or feeling of self worth then maybe you will start to understand what a grubby little specimen you are.

        • OneMoreTune on 19/10/2015 - 16:56

          @Gershom: Yeah mate, trying to get out of a fine is grubby. Oh my god what rock did you form under?

        • glam77 on 20/10/2015 - 10:23

          @Gershom:

          Not sure if you have noticed or not…. the WHOLE thread you are reading is about someone trying to get out of a fine.

          You still cant get things through your neanderthal head can you. I said they deserved the fine, but that was how they got out of it.

          If only the grubby little specimen that you arose from ended up in a tissue.

  • Viderzo on 16/10/2015 - 10:19
    +1

    It happened to me once, this is what I did (Victoria), fine was for driving without a valid car rego, it has been expired for just two days but it was my fault for missing the payment (fine was 700+)

    1. Called them and ask them to point me to the right direction on how to ask for a fine reduction

    2. Wrote the letter, didn't make any excuses, own responsibility and promised them not to do it again, explained the only reason I wrote the letter was because there was no harm in trying and 700 bucks is a LOT of money

    They waived the fine. So my suggestion: no harm in trying, even if they say no at least you don't have to pay straight away while they review your case (which can take up to a couple of months)

    good luck.

  • Lucky13 on 16/10/2015 - 11:10

    I was looking for that funny ad they ran a few years ago the one that was one proven way to never get caught speeding again do the speed limit. Couldn't find it anywhere. Anyway insert that ad here

    Edit: I guess lastly I should add that if you dont get a fine or punishment for your actions you dont understand how bad it is. Who knows how many lives that police officer has saved handing out those fines

  • Peck on 16/10/2015 - 11:30

    If you have a very good driving record, then write a letter with some sort of excuse. If you do not have a good record, then pay the fine and move on quickly. It worked for me for speeding in NSW, but I think that it will still go onto your driving record, and so I wouldn't bother to try it very often.

  • User167511 on 16/10/2015 - 11:43

    In WA they have a purge going on with cops on bikes going out of their way to spot drivers using phones but the observation action itself (by the cop) in my opinion is more dangerous than a driver using his phone. I was driving south on the Kwinana Freeway recently and a cop drove by at about 90kmh and after passing me, turned around about 150 degrees from straight ahead to peer into my front windscreen just to check if I was on the phone. He repeated this on the further three cars ahead that I could see. What kind of irresponsible policing is that? He takes his eyes off the road ahead for perhaps three or four seconds just to check me and maybe does this 100 times an hour or more. It's total madness and smacks of revenue raising in the most unsafe way.

    • [Deactivated] on 16/10/2015 - 14:50
      +2

      Sometimes the police have to protect the driving public from themselves.
      Strangely enough nobody likes to be told they are a bad driver.

    • jelko on 17/10/2015 - 03:21
      -3

      Pigs on a power trip.

    • mjjeje on 18/10/2015 - 16:27

      A cop once knocked on my car window at a red light. I was resting my cheek (could be covering the ear) on my hand. The cop thought I was making a call. When I lowered down the window he saw no phone and asked where is my phone. Lucky it was inside my bag on the back seat. He apologised nicely though. I wonder what would happen if the phone is lying around on the passenger's seat instead of inside a bag.

  • Peck on 16/10/2015 - 12:51
    +4

    How would people feel if their child got killed by a speeding, drunk, or mobile phone using motorist? People who winge about the police give me the sh1ts!! If you takes your chances then be man (or woMAN) enough to wear the consequences!

    • imahapyboy on 16/10/2015 - 17:11

      totally agreed, fine should be 10% of the salary, then i'm sure everyone will do things correctly

  • infinite on 16/10/2015 - 13:14
    +1

    You have no recourse. The law doesn't care about anyone's feelings or personal circumstances with matters like this. If you got the fine for breaking the law, there's nothing you can do unless you could be considered an exception to the law, under the relevant law.

    Still though, it's shitty the fine you got was so high. That would have covered a whole utility bill & then some.

  • elliot91 on 16/10/2015 - 14:28
    +2

    God you people are such ball-breakers. Jesus, he gets it - it was dangerous and he shouldn't have done it. If you don't have any suggestions then don't post and may God help you if you ever look at your phone when you're driving.

  • [Deactivated] on 16/10/2015 - 14:48

    In 2002, 1 in 20 car accidents was caused by drivers distracted by mobile phones.
    In 2014 that number was 1 in 4. (USA and UK)

  • momov3 on 16/10/2015 - 15:02

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

    This just out from Victoria Police in Sep 2015 re what can and cannot be pleaded as first time offence. If you read the last paragraph, speaking on mobile phone as well as running a red light will not be waived, unless it was an emergency situation, as has been in the past when dads were rushing their wives to delivery ward or someone needing to get to hospital in dire emergency. I copped a massive fine for running a red light in your same suburb (right hand turn by 0.0000…..of seconds!) and when I called to plead first time offence, the officer said that red light and talking on mobile phone infringements cannot plead unless 'extenuating' circumstances. (he didn't use that term of course :) :) :0 :)

  • johnno07 on 16/10/2015 - 16:32

    Once you've been given a written fine - you have two options.

    1. Pay it.
    2. Go to court.

    In the case where you are clearly guilty, I would suggest option 2 is not the best one. Just pay it and move on with your life - treat it as a lesson learnt.

  • roninxt on 16/10/2015 - 17:08

    Well my previous boss got fined 1k for the same offence you did. The only difference is that he was driving which is dangerous. Just pay $455 and move on. This is out of the topic but I saw someone yesterday using her phone while driving. She was about to approach the pedestrian we are about to cross. Good thing we stopped and waited for her to pass. What an irresponsible driver.

  • imahapyboy on 16/10/2015 - 17:09

    pay for it, No Pain No Gain! you deserved it, hopefully this is your first and last bill??

  • Sydneyswans on 16/10/2015 - 17:39
    +1

    from personal experience and living in Sydney NSW. The answer is no no no and no. I tried every time I got a fine in the past 2 years to fight it but to no avail. 12 demerit points later I was a broke man…. Please don't judge me either as I am no hoon. Simple errors like parking in a keep clear zone at the train station after all the car parks were full and highway patrol being at the base of a VERY STEEP hill and a rear end collision where the front car braked suddenly is how the fines all accumulated. I take full responsibility for my own actions and have paid them off but I feel your pain.

    The questions… If only I didn't do this, if only that didn't happen and I took that road all come into play and I feel that in part it is indeed revenue raising but in the end if one or two lives can be spared from speeding/driving infringements then we must accept them when we get those damn letters in the mail…
    Fortunately you should have a payment plan option and they can take it out of your account automatically should you have the need to do that.

    Lawyers are too expensive but good luck with your situation mate…

  • Lockieasy on 16/10/2015 - 18:47
    +1

    Bad luck. You were caught out by laws introduced for people who don't have the mental capacity to multitask two simple things (in this case, using a phone while driving).

    That said, after knowing full well it was against the law, if you were holding up your phone to your face or your ear and you get caught then you only have yourself to blame.

  • [Deactivated] on 16/10/2015 - 18:56
    +3

    I lost a great friend to a texting driver. Please don't do it again pay your fine and consider it a warning. The roads are dangerous enough without drivers using phones driving while intoxicated speeding etc… your phone call is never more important than a life. RIP Tony

  • camMMM on 16/10/2015 - 19:11

    The offence you committed is a Strict Liability offence, which basically means… - the only thing that the police have to prove is the guilty act.

    Unfortunately, I highly doubt you'd be able to contest the fine - BUT - it is your right to contest it, if you wish. The details of how to contest it will be on the back of the infringement notice - but please be forewarned, even if you contest it in the Maggistrates' Court and win… you will still be up for court costs which can be $100-200~, taking a day off work, legal fees (if required) etc.

    So, unless you are going to lose your licence due to it - I wouldnt contest it. Take it as a lesson.

    • johnno07 on 16/10/2015 - 20:31

      Especially because getting out of it would require perjury.

  • jonathonsunshine on 16/10/2015 - 19:18
    -1

    Deleted comment. Was too harsh.

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