Speeding Fine - Appealing to Get a Warning Instead of Paying The Fine

Hi

I received a speeding fine for travelling 75km in a 70km zone. I was wondering if anyone has successfully appealed their speeding fine and received a warning instead? Thank you in advance.

On the Victorian Police website it does state the following:

Alleged Speeds of less than 10 Km/h

Correctly verified infringements issued for alleged speeds of less than 10 km/h in excess of the posted limit may be eligible for an official warning if:
(a) No speeding infringements, safety related infringements or official warnings have been issued to the driver in the previous two (2) years; and
(b) The criteria for Good Driving Record are satisfied

Comments

  • +4

    I know people that have, how long have you had your license for and have you got many speeding fines previously?

  • +8

    Why not try appeal yourself and report back.

    Nothing really to lose in trying.

    • I certainly will. Thank you Baysew

    • +2

      Received an official warning instead.

      • +2

        Well Done !

        Thank you for getting back and posting the result.

        • +1

          You're welcome and thank you :)

  • +9

    I received one in Victoria for going ~10kmh over the limit (I thought the road was 60 however it was 50). I wrote a nice letter explaining the circumstances and that I should have been going 50 if I was unsure of the limit. They replied asking for a record of my driving history from other states which had one other speeding offence for ~8kmh over maybe 3 years prior. My ticket was then reduced to an official warning.

    I think the key is to be polite and accept responsibility.

    • Thank you michael_123. I do accept responsibility for my action. I will do so.

    • The sole reason you got off is because you haven't had a fine in the last 2 years.

      I got a late payment request for a speeding fine from roughly a few months earlier. I could pinpoint the morning and the spot and actually remembered speeding at the time (running late for footy). So given that I remembered I was doing it and was caught red handed I thought it was only fair I pay the fine, however I was not happy that the first I heard of it they added on a late payment.

      I wrote a letter back explaining that I was speeding but I had not received the first offence and I would like to appeal the late fee (~$30 principle of the matter type thing). I got a generic "we checked your record" letter, thanking me for my appeal and letting me off the whole thing!

      There was another circumstance which I would consider exceptional circumstances that I wrote a lovely message to them, however as I had the above fine on my record - no dice.

      Of course, the person reviewing the appeal may be able to impart some type of sense on the situation (but I think that is very limited).

      It is good that it rewards safe drivers though, and you can't get off speeding fines for 10k+ and red light cameras

  • +1

    I received a speeding fine for travelling 75km in a 70km zone.

    rumours are that speed cameras don't record 70km (or whatever speed) as 70km, but rather a few km less. e.g 68km, 69km or less. you may have been driving closer to 80km than 75km.

    Victorian legislation states analogue roadside speed cameras must have a margin for error of less than 3km/h or 3 per cent of a given speed, which drops to 2 per cent or 2km/h for digital devices, such as handheld laser speed guns.
    http://www.drive.com.au/motor-news/the-truth-about-speed-cam…

    • +2

      Hi whooah1979. Yes I was. My detected speed was 77km. They recorded it as an alleged speed of 75km to allow for tolerance in detection equipment.

    • +8

      I agree stemcell. I should have not been speeding at all. No excuse.

    • +1

      I think driving an older car, not driving to the conditions of the road or being distracted by Pokemon is more likely to "kill" than this OP's "crime" of being 5km over the limit.

    • Go "speed" on a highway and see how many people you kill.

      • -4

        I'm surprised I've only been negged down 29 times, I thought we had many more mindless morons on here.

  • +2

    One thing to consider with the process of seeking a warning is that you have to admit guilt. If they don't let you off you will have no hope of appealing the fine in court later as you have already admitted to the offence, you may be able to get a reduced fine however.

    • Thank you JIMBO. I will do so.

  • +1

    I have appealed a speeding fine - going 63 in a 60 zone - and was successful in my request to be let off with a warning.

    Write a letter to the relevant body, admitting that you were going at the detected speed and point out your previous clean driving history.

    It should be straightforward.

    • Thank you ms_caz. I will give it a go.

    • +5

      63 in a 60 is a bit harsh!
      I don't know any other country that is so severe with slight speed infringements.

      • +3

        Soon you'll be getting pulled over for doing 55 in a 54.
        For all the problems you got, a bitchy cop better not be one!

        • +3

          I've got 99 problems but a bitchy cop ain't one.

        • The only time I've been pulled over for speeding was doing 81 in an 80 zone! There wasn't a margin for error on cameras, either - the guy said his speedo was 100% accurate, and that I was somewhere between 80 and 81, while cars were clearly overtaking me.

          In saying that, I didn't get a fine, but did get a warning.

      • One that has a budget shortfall.

  • +2

    Definitely write a nice letter , nothing to lose .We lent our car to a relative she went out on her luchbreak & was fined twice for speeding on her way there & back.When we spoke to a local policeman about not incuring the demerit points he advised her to write a letter & always ,always except responsibility & include maybe excuses why in her case a different car & new area she wasn't used too.The policeman's mother was booked 6 times in the one day heading in & out of their small country town!She wrote away & got out of paying half as did our relative who only had to pay the lesser fine , so apologise & be remorseful .Ps this was in Victoria .

    • +1

      Yes, I have nothing to lose. It is a lesson learnt. I am in Melbourne. Thank you very much Triple J

  • +2

    I have written the letter to vic police to have the fine withdrawn and replaced with warning. I was 7km/h over. It was a few years ago now. There was a template letter on Vic police website at the time.

    • Thank you for your help chumlee.

      • +1

        If there is no template letter, from memory you need to state you acknowledge you were over the speed limit, you were less than 10km/h over the speed limit and you have a good driving record with no infringements in the last 2 years and you are seeking to have the fine withdrawn and issued with a warning instead (otherwise just cut and paste what I have written but change the you to I)

        • Thank you again for your help. Much appreciated :)

  • +3

    I had a speed fine couple of months ago, I did have another speed fine last 2 year but still wrote a letter to them.
    As above I did admit speeding but told that I was driving my wife's car and was not used to driving her car as it was a v6 compared v4. Also mention the road was downhill and was hard to stick to exact speed limit. They gave me a warning letter and was told that not able to ask for more warnings in the next two years. So writing a letter got nothing to lose.

    • hey mate. do you recall what was the time gap between the 2 fines? i just got one but had 1 waived under 2 years ago..the actual offense date is over 2 years but the letter i wrote is less than 2 years. Just trying to work out my odds

  • +2

    According to the Vic Police website you can't do it anymore:

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

    "As of Monday 21 September 2015, drivers issued with an infringement for exceeding the speed limit by 10km/h (or more) but less than 15km/h will no longer be able to apply for an official warning notice on the basis of a previous good driving record."

    Still can't hurt to try though, I've done it successfully myself in the past.

    • +4

      OP didn't exceed the speed limit by more than 10km/h.

      • +3

        Ooh you're right, my bad.

  • +3

    Yes, I've appealed this year and had it written off as a warning. In your letter acknowledge that it was a lapse, speeding is never ok and that given your record you'd like to be considered to have it cleared in this instance. Good luck.

  • +1

    You'll definitely get off if you haven't had a speeding fine in the past 2 years. I've had 2 speeding fines in the past, have written a letter to them and have never paid a speeding fine in my life. I can explain in more detail (and send you a template) if you like?

    Anyway, here's the criteria for getting a warning:

    Alleged Speeds of less than 10 Km/h

    Correctly verified infringements issued for alleged speeds of less than 10 km/h in excess of the posted limit may be eligible for an official warning if:
    (a) No speeding infringements, safety related infringements or official warnings have been issued to the driver in the previous two (2) years; and
    (b) The criteria for Good Driving Record are satisfied

    • Wow last 2 years is pretty good. I have it on good authority that in NSW you have to have had a clean record for 10 years to be let off.

  • Do they have this warning option in other states?

  • This post and the many responses are so typical of Australia. If you apologize and admit guilt, and play the "I am so sorry", you are let go with a warning.
    Seen so many news where a young driver, runs over, or into, killing. He then appears remorseful in TV and writes Apologies to the families, and he gets a mild sentence.
    This is so ridiculous, how people just get away. Be a Man ( I assume you are a man ), assume ( real ) responsibility for what you did ( you did speed ) and pay the fine !

    • Couldn't agree with you more. It's ridiculous.

      • +3

        What's rediculous is that the police and private camera operators are issuing fines for as little as 3km/h over the speed limit.

        Before you tell me not to speed, I've got an almost 20 year unblemished driving record (no accidents or fines).

        • Australia seems to have issuing fines a way of collecting money. Police seems to love giving fines for road offences but at the same time, they won't do much for the chaos on Chapel St at nights.

    • Just read today:
      "Judge Simon Stone said while Li’s actions were dangerous he was not satisfied he deliberately chose to disregard the road rules and take a risk.
      He said Li was unfamiliar with the State’s rules and had shown genuine remorse and victim empathy since the crash."

  • +1

    Hi OP,
    This old thread might help - https://www.ozbargain.com.au/node/70291

    Anyway, i did this about 6 months ago, and successfully received a warning instead of a fine.

  • +2

    Hi OP, I successfully contested a 75 in 70. You're required to have two things:

    -The overspeed must be within 5km/hr
    -You have not had any other speeding infringement in the last 2 years

    I sent in my appeal at the office, had a response in 3 weeks.

  • +1

    you should submit a letter to VIC police requesting for an Official Warning instead of a speeding infringements.

    I have done 71 in a 60 zone while we are driving from SA to VIC to NSW, the actual speed that charge me is 69 and it is under 10 km and clear record for pass 2 year.

    In the letter you have to admit you are speeding then provide some explanation and then tell them that this will not happen again and you will drive more cautiously.

    They should grant you a official warming instead.

    • +1

      Need all the official warming we can get here in VIC.

  • +4

    Dear Officer in Charge,

    I am writing in relation to traffic offence xxx committed at [time] on [date].

    I accept that at no time is speeding safe. In this case due to playing Pokemon Go I drifted over the speed limit for a short period of time. I have now modified my driving behaviour and pay more attention to my speed in such circumstances.

    Given my good driving record I would like to request a caution for this infringement.

    Regards,
    [Your name]

    • +1

      This will be double the trouble :)

      • Team Rocket blasts off at the speed of light.

  • +1

    Thank you everyone for your comments and feedback. I am usually respectful of the law but in this particular instance I wasn't. I understand that it wasn't okay and have learnt my lesson. Thank you all.

    • -2

      If this is your first offence then it is worth going to court but keep in Mind other associated costs
      1. You lose a working day
      2. Even if the judge overturns the fine , there is a $85 court fee
      3. If you lose your case, then there are additional fee

      But if it is your first offence, ask the judge for mercy and cite financial condition

      For most first time genuine offenders, the judge will overturn the fine
      I have to court 4 times , had the ruling in my favor 3 times

      if your fine is less than $200 , then don't bother and just pay up to save the stress

      • In addition to all the above, you don't get your hearing on the same day if you are pleading not guilty, you would get another court date

        Your case is heard same day if you plead guilty in which case the judge is not very sympathetic

  • +2

    Just tell them in the letter you'd had a few too many to drink and it was hard to see the speedo, it was all blurry. Should be right then.

    • Was it at night? If yes, you could say you did not have your headlights on, and could not see the speed signs.

  • If the rules allow you to appeal just do it. It's a matter of time vs money.

    Going 5km over the speed limit happens to everyone everyday.

  • I am from Melb and received a fine (from AFP) for driving at 92 in an 80 zone in Canberra. This was on a road which had varying speed limits (100 and 80) and due to my lack of familiarity with the area. I wrote a polite letter requesting the fine be waived- and received a letter asking for my driving history from Vic roads. I did and shortly received a letter notifying that the fine has been waived based on my clean driving history. HTH.

    The key- a polite letter and good driving history.

  • -2

    If this is your first offence then it is worth going to court but keep in Mind other associated costs
    1. You lose a working day
    2. Even if the judge overturns the fine , there is a $85 court fee
    3. If you lose your case, then there are additional fee

    But if it is your first offence, ask the judge for mercy and cite financial condition

    For most first time genuine offenders, the judge will overturn the fine
    I have to court 4 times , had the ruling in my favor 3 times

    if your fine is less than $200 , then don't bother and just pay up to save the stress

  • -3

    do the crime do the time

  • -3

    What a joke, 5km/h over the limit poses what danger?

    Can any of these idiots in charge of this system actually prove that an extra 5kmh increases stand-still breaking by [X] metres?
    Can any of these idiots in charge of this system actually prove that an extra 5kmh causes death whilst less doesn't?

    The system is retarded, I drive on the M5 Motorway in Sydney everyday, everyday there is an accident related to poor driving skills (not speed) EVERY DAY there is a small accident which holds us up for 45mins because inbred drivers don't look, 5kmh doesn't kill, indbred drivers do.

    • +3

      Obviously those idiots have been awake during physics/mechanic classes, and not high on pot like other people.

      • not to mention statistics classes

    • +3

      Can any of these idiots in charge of this system actually prove that an extra 5kmh increases stand-still breaking by [X] metres?
      Can any of these idiots in charge of this system actually prove that an extra 5kmh causes death whilst less doesn't?

      You don't need an 'idiot'. You needed to pay more attention in physics class. Any additional force input into a system will be reflected in forces outputted. Any speed beyond the posted speed limit is an unnecessary increase. Inbred drivers don't scare me, but self-righteous idiots pissing in the face of physics while attempting to control a ton of metal in motion at speed? That scares me. You scare me.

      Perhaps some more focus in English class would have given you a better ability to debate a point, as well.

      • +1

        Any speed beyond the posted speed limit is an unnecessary increase

        The M5 motorway in Sydney had a maximum speed limit of 120km/h for over 12 years until more recently dropped to 110, whilst it's not the only motorway attributed to fatal crashes but the road tolls have in fact increased since last year;

        Road Saftey Stats

        I drive on the M5 everyday, and as I stated above, there is an accident almost every day in the tunnel. You can't possibly go 100km+ during peak times in there, however there is always an accident. Using logic, this sums up that the accidents are to do with:

        lane merging, blind spot errors, sudden braking, distractions such as phone/sms/call, etc

        Therefore Physics class or not, 76km/h or 70km/h, if you're a shit driver, you bound to have an accident or cause one.

        • -4

          Hi, you appear to be in a topic about speeding, and a specific discussion about the physics of such. Trying then to divert to the subject of driver capability couldn't be any more transparent or distracting from the point you attempted to make at the start:

          What a joke, 5km/h over the limit poses what danger?
          Can any of these idiots in charge of this system actually prove that an extra 5kmh increases stand-still breaking by [X] metres?
          Can any of these idiots in charge of this system actually prove that an extra 5kmh causes death whilst less doesn't?

          …and then hours later you come back to support your point with an entirely different subject:

          I drive on the M5 everyday, and as I stated above, there is an accident almost every day in the tunnel. You can't possibly go 100km+ during peak times in there

          Again… perhaps some more focus in English class would have given you a better ability to debate a point, as well.

        • +1

          @Pinchie:

          You must be a total idiot, firstly I was not debating, I don't recall any of us entered into a "debate" agreement.

          secondly, my points are not mutually exclusive, the basis of both comments were that whether it's 5km/h over or under, shit drivers still cause accidents, penalising people for driving 5km/h over a specified limit does shit-all in reducing fatal accidents.

          You also must be one of those drivers to be so defensive, so whilst I learn English, I strongly suggest you re-take your L Learner license

        • @frostman:

          You also must be one of those drivers to be so defensive, so whilst I learn English, I strongly suggest you re-take your L Learner license

          Thanks for the prejudgement. Maybe you could cast more accurate aspersions next time.

        • -1

          @Pinchie:

          Take your own advice on prejudgment you hypocrite

          You needed to pay more attention in physics class

        • @frostman:

          Can any of these idiots in charge of this system actually prove that an extra 5kmh increases stand-still breaking by [X] metres?
          Can any of these idiots in charge of this system actually prove that an extra 5kmh causes death whilst less doesn't?

          The above statements are a very good indicator of the fact you needed to pay more attention in physics. That's not a prejudgement. That's an evidence-based assessment. If you can't apply the basic principles of physics, then you needed pay more attention when people were trying to explain simple concepts to you. I didn't prejudge you. I judged you based on your statements and your inability to understand the basic tenet of physics that any force added to a system will be similarly-reflected in that system's output.

          Let me put it simply for you. You proved yourself to be a fool. You didn't need my help, and I certainly didn't need to make any great leaps in prejudgement to accept you as such.

        • @Pinchie:

          Man, you take the cake for douchebag forum-poster of the year.

          This is reserved for people with a limited ability to understand the bigger picture

          OP made a comment at being fined for doing 5km/h over the limit, the basis of my comments was that it's quite harsh given the extremely small gap between what's penalized and what's not.

        • @frostman: Your bigger picture is made up of a cluster**** of misapprehensions and misjudgements, and you're trying now to use the 'bigger picture' argument to cover up the ridiculous statements you've made.

          I'm sad to share a road with you.

          You made statements. They were absolutely 100% wrong. Totally incorrect. Without any basis in fact. I pointed them out. You're pissed off at what? Being pointed out to be exactly what you painted yourself to be? Blame yourself for how you portray yourself, not me. :)

          I don't know why I'm trying to correct your idiocy, though.. I guess it's true - you can't logic someone out of an opinion they didn't logic themselves into.

          Enjoy your day. You made it for yourself.

        • @Pinchie:

          sigh, another pretentious, keyboard warrior that happens to point out a few statements and throw in the odd passive insult as a means to further cement their logical victory.

          By focusing on one point made in the context of many, people like you make discussing anything on these forums a pain in the ass, why? because they seem to ignore every other potential valid point made and constantly turn to the "yeah but you said this earlier, that's it". Frankly i'd have a better chance debating with a robot that accepts only binary language, that's the sad part.

          I'm sad to share a road with you.

          Your a poet and you didn't know-it!! thumbs up to you champ! wooo hoo, pat on the back for Mr or Ms Miggins.

        • +1

          @frostman: Have to say, while I agree with your initial statement, it could have been worded a little less emotionally.

          I agree that even when physics is involved, and yes, I did physics at school, an addition of 5km/h would have a minimal effect on a vehicle doing 70km/h or 75km/h. There is no way of testing post accident that a difference of 3km/h (the usual leniency gap) at those speeds would have had a different outcome. Even when police are investigating car crashes, at best they can only "estimate" the speed the car was going. Sure, going 120 in a 50 zone is a bad idea. Going 54 in a 50 zone is pure revenue raising. There is no amount of evidence, high school physics class or not, that would support an accident would not have happened if the car was traveling 4 or 5 km/h slower.

          The government wants us to believe that almost all accidents are speed related. The reason is that it's easy to sell to the public. Better still, it is easy to monitor and fine people based on speed. It is not easy to monitor and fine people based on stupidity. Mobile phone use, inattention, driver fatigue or low quality drivers are more likely causes of road accidents, but because these things can't be measured with a hand held machine on the side of the road, police have to target something that is measurable. Thus speeding fines were born.

          Last time I was involved in an accident, the Vic government/TAC had me fill out a questionnaire about my accident. A guy pulled out of his driveway and into my motorbike. I pulled out of a fuel station about 50m down. Speed was NOT a factor, the driver was on the phone. Throughout the whole questionaire, there was this underlying point that they kept asking about speed. After all this was done, I was informed that the accident happened due to speed. Not my speed, but the other driver. He came out of his driveway at over the speed limit???

          TL;DR: Physics class or not, 5km/h over the limit at 70km/h is pure revenue raising

  • +3

    Yes for my first fine after coming to Australia (got it within 3 months after being fine free for the previous 20 years). It was before I realised that keeping below the speed limit was the only skill required for driving Aussie roads.

    I wrote to them and apologised for my stupid behaviour and from that point on I only watch my speed

  • I got done for 7km over in the Citylink tunnels. Letter pretty much said that I accept full responsibility for the speeding and the fine and that I should've paid closer attention however, due to my driving record would it be possible if I could apply for leniency and be issued with a warning rather than a fine.

    Got a letter a week later stating that it's been reversed and that I won't be able to apply again for 2 years.

    Honesty is the best policy for these - just don't sound like a tosspot and get right to the point.

  • Can someone explain this to me please; When i am on the freeway cruise controlling on the speed limit of 100ks, how or why are people zipping past me and are they getting away with it or are you allowed a few kms over the limit?

    • +1

      For one, have you checked if your speedo is accurate? Mine is out by about 9%

    • It's the same with the mobile phones. What I see are massive threats with huge fines, for something I see rarely enforced.
      When I wait at the lights, to cross pacific Highway, by the time the lights turn green for the pedestrian I've counted at least 5 people on their mobile.
      I've never seen a police road block that targets drivers on mobile phones.
      How would that work?
      Two policeman, stationed 200-500 meters before the road block, with a camera and a Radio.
      One takes picturea of the driver on the phone, the other alerts the police waiting about type and plate number. Done.

      • i recently saw a mobile use target setup going on Grosvenor st in Sydney CBD, a heap of cop cars and police and during my time walking down the street they pulled over at least half a dozen cars (lots of them old men and ladies in their euro cars too!)

  • WTF the police give leniency for speeding tickets, but I can't get my accidental parking fine waived?????? Stupid councils - i liked the statement underneath "Would you like to appeal?" where it says that <4% of people get the tickets revoked…

    • Speeding = safety concern, can write a letter to get off. Park your car for 5 mins too long, not hurt anyone while it's stationary, forget it. Parking fines for councils are like heroin. They are not going to let you off without their fix…

  • If you are not appealing then you get the fine, but if you are an appealing type of person you can get away with more.

  • I appealed a fine this year. Got a warning, however vicpol has a huge backlog. So the fine wasn't reversed till after the due date for payment of the fine. So you will probably have to pay fine before it all gets reversed.

  • I've done this successfully last year. Received a warning.
    I had the same as gccmelb above, No reply from my letter so I got worried and paid the fine on the due date.
    Few weeks later I received a letter saying my letter for a warning had been received, then another letter a week later advising fine withdrawn, warning instead, and the money transferred back to my bank account a few days later.

    As others have noted, if you are not eligible for a warning and you apply for one, you are admitting fault and have no chance of appealing later.

  • +2

    The problem here regarding most minor speeding offences is that there are not enough speed limit signs in place. If you want to put cameras everywhere then start by putting up more speed limit signs notifying drivers. How many times have you pulled into an unfamiliar road where you have to drive a couple of kilometres before reaching a speed limit sign, while in the process getting tailgated because you are unaware of the speed?

    I like the idea of a warning though. Too bad it doesn't apply for all states and territories.

  • I was going eight k over on Queens Road, first time I had driven on it. Thought the limit was 70. Signage was poor, as one of them is obscured as it switches from 70 to 60 at St Kilda Road underpass, inbound to the city.

    I wrote a polite letter and I was given a warning instead. As long as your record has been clean for 3 years you'll be fine.

  • +1

    I've asked for a internal review of my speeding fine. The colour in the pic is not even the colour of my car and after darkening the over exposed shot of the plates, it looks like it's not even my plate!

  • Yes I have appealed twice using a template

  • +1

    I used to get speeding fines, then found a foolproof way to avoid them altogether which I call "not going over the speed limit. "
    3 years and not one fine

    • +1

      I like this idea. I wish there was a "no speed week" where everyone would drive under the limit and there was zero fines given out. It would prove that accidents still happen and that speed is not as big of a factor as police want us to think and it would also cut off the police revenue stream for a week. There would be public speaking events on TV where the minister would come out and praise everyone for taking the no speeding message seriously…

      And let's say we had a no speed month or a no speed year!! No speeding fine revenue for a year!! Then they would say something like, well, since you all don't mind driving under the limit, we are going to lower the limits. And our freeways would be 50km/h just to frustrate the shit out of drivers. It's part of the reason there are so many speed zone variations in Australia. It used to be, 60, 80, 100. It's now, 30, 40, 50, 60, 70, 80, 90, 100. All of these speed zones I go through on a single drive from my house to Newcaslte, NSW. And it's not really a long drive.

      So while I love the idea of no speeding and not giving the police any money or smug satisfaction, if everyone did it, they would just move the goal posts. So, I say thank you to all the people out there getting fines, thanks for filling the state coffers to fund the police force, cause if you weren't doing that for us, tax rates would go up and speed limits would come down.

  • +2

    I received an official warning and the fine withdrawn.

  • Hi all,

    Just wondering do you still write a letter to appeal or is it done online now?

    • In 2015 when I had a traffic infringement, I sent a letter via snail mail.

      Don't know how much has changed in 2 years.

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