[VIC] Exceed Speed 25km with Suspension Licence of 3 Months. Should I Go to Court or Not?

adamhoc on 04/09/2023 - 04:43
Last edited 04/09/2023 - 09:53 by 1 other user

I was driving on the Forsyth Rd near Point Cook/ Hoppers Crossing point in an abnormal morning (get pulled out to kids school for an interviewing, running late to a meeting in the other side of town) so I speeded while on my way to my work place and an unmarked X5 jumped out from a bike lane and pulled me over.

He said I was doing 87 on a 60 but alleged speed was 25km over, borderline of the 25-40km and gave me a three month’s suspension on driving.

My argument:
I’m not taking Forsyth Road that often and didn’t aware it has a 70-60-70km on the bridge and the straight way in between traffic lights. Normally I took Palmers Road and it was 80-80-80km consistent signage, mind that Palmers is the same width, same amount of stop and starts.

As my wife is working in a very short handed early educational centre and she starts at 6am or finished at 6:30pm, therefore I’m the only one can pick up or drop off kids everyday otherwise it creates logistics impossible and failing schools run.

I can think of 3 scenarios if I went to court as I very do wanting to keep my licence:

  1. Ideal outcome: go to court and get a less penalty, I’m willing to pay for the fine but keep my licence so that I can resume a normal life.
  2. Worst outcome: go to court and lose, it stays the suspension and will also stay in my criminal record, according to the Vic road website.

Am I better off just paying the fine and mess with 3 months or you think I have a chance and should fight for this?

Automotive

Comments

  • iforgotmysocks on 04/09/2023 - 04:58
    +135

    Did your dual set up fail to notify you?

    • franco cozzo on 04/09/2023 - 05:16
      +130

      …how do users like you have the time to go trawling a users comments for the 'gotchya' comment?

      • holdenmg on 04/09/2023 - 06:01
        +14

        Maybe the OP can tender the information from their tomtom GPS and/or Garmin dashcam to establish a defence.

      • iforgotmysocks on 04/09/2023 - 06:12
        +7

        Thanks!

      • 2024 on 04/09/2023 - 11:04
        +18

        In this case the OP had 5 comments lol

      • Chandler on 04/09/2023 - 11:17
        +5

        The time's I've done something like this is when I've remembered reading a post/comment of the user's on the same topic and go find/link it; not purely trawling their comments digging.

        But this and other cases may differ.

      • Jaspa7 on 05/09/2023 - 07:37
        +2

        likely why he always forgets his socks..

    • Coops1 on 04/09/2023 - 07:07
      +5

      Yeah, but the policing man jumped out from a bike track in an X5, techo useless for that gotcha moment :).

    • HeWhoKnows on 04/09/2023 - 07:45
      +71

      Deliberately speeding because I "Wasnt aware" is NOT a defense
      The law clearly states that OP must obey all traffic signs including speed limit signs!
      OP is guilty as red is red and black is black

      Furthermore does OP realise the court doesnt like time wasters and an angry judge on the day can INCREASE THE PENALTY both in terms of the FINE and the length of SUSPENSION?

      Exceeding the speed limit is a very nasty inexcusable offense and the judge could certainly slam a 12 month suspension on OP to teach him a lesson,

      Regardless of what anyone says here, these are the facts and the RISKS OP takes by going to court.

      So OP I ask you…is it worth it other than all the legal costs?
      - dont go without a good solicitor/traffic lawyer

      • TiredKitty78 on 04/09/2023 - 19:00
        +6

        It's a fine, 3 months, and a lesson learned so OP is very very unlikely to do anything close to that again - hopefully.
        And 25kms over is A LOT.

        • SuperLate on 05/09/2023 - 01:15
          +2

          Right, that too in a 60km zone and no remorse ! Just yesterday I drove past a head on collision. Two ambulances and a fire truck on the scene, looked like a fatality or close. Suspended license and fine is nothing compared to what kids might have lost and potential loss of life and property of others. When these cases go to the court, judge should make sure that offender is honestly remorseful and place good behaviour conditions on licence reinstatement.

    • Baghern on 05/09/2023 - 18:18
      +1

      Civic RS.. yeh that will do it

    • stedmaster on 06/09/2023 - 16:02

      What about OzBargain stance on this last poll?

      https://www.ozbargain.com.au/node/795550

    • HeWhoKnows on 08/09/2023 - 17:59

      Just for the record…

      OP hasnt commented, replied nor answered any pertinent questions anywhere (such as thier driving record)

      Is this post to be declared as a HOAX post or is OP just a TIME WASTER as declared by some contributors?

  • Euphemistic on 04/09/2023 - 04:58
    +32

    Take it to court. I really want to see what the p it come is.

    • HeWhoKnows on 04/09/2023 - 07:48
      +2

      LOL LOL LOL
      I can tell you from experience
      Judges in Vic dont take kindly to such serious traffic offenses and so chances are they wont overturn the fine or the suspension.

      • Euphemistic on 04/09/2023 - 08:08
        +23

        Ssshhhh. I wanna see the OP take it to court. If you tell him the outcome is a given we won’t get the satisfaction of f-around, find out.

        • pharkurnell on 04/09/2023 - 11:16
          +1

          He could take it from the high court all the way to OzBargainCourt

      • CocaKoala on 04/09/2023 - 12:15

        If the OP is one of those "I'm a global citizen" types, they might end up worse off at the court.

        • franco cozzo on 04/09/2023 - 14:36
          +3

          i wasnt speeding…i was travelling rapidly!!!

      • jakepods on 04/09/2023 - 18:26

        i think he was being sarcastic

    • HeWhoKnows on 04/09/2023 - 08:16
      +25

      OP is clearly guilty and admits this.

      here are OPs options and likely outcomes

      1. Plead innocent, take a very good (expensive) solicitor to court and ask for the whole penalty to be overturned. Will involve 2 days in court, lots of evidence required, a full hearing and huge legal bill.
        Likely outcome - Guilty as charged. Possible INCREASE in penalty.

      2. Please Guilty with an excuse - take a very good (expensive) solicitor to court and ask for the whole penalty to be overturned based on OPs excuse that he wasnt aware of the speed limit.
        Likely outcome - No reduction and case thrown out of court. Possible INCREASE in penalty.

      3. Please Guilty with an excuse and ask for leniency based on the fact that OP has a clear driving record. This is OPs best strategy if…… But OP hasnt provided that information
        Likely outcome - Either points, fine or suspension removed or reduced or entire fine dropped.

      It is laugable that OP hasnt considered the possibilty as a worst case outcome that the judge can actually INCREASE THE PENALTY as they do for such time wasters.

      • BewareOfThe Dog on 04/09/2023 - 11:19
        +2

        Especially if the matter is heard later in the day, where the Magistrate gets grumpier.

      • Benni85 on 05/09/2023 - 06:41
        +1

        Was going to post the same thing. If op is a clean driver, opt for 3.

  • franco cozzo on 04/09/2023 - 05:18
    +10

    so I speeded while on my way to my work place

    and didn’t aware it has a 70-60-70km on the bridge and the straight way in between traffic lights.

    …you have to choose one option. it cant be both!

    • Chandler on 04/09/2023 - 11:29
      +6

      …you have to choose one option. it cant be both!

      It can:

      He said I was doing 87 on a 60 […]

      Forsyth Road […] 70-60-70km […]

      Palmers Road […] 80-80-80km […]

      OP was speeding whatever section of either road - its just the matter of being >25km/h or <25km/h. Which I believe is OP's point: yes they were speeding, but if they were actually on Palmers Road they would only have been going 7km/h over the limit, and so they want to get a lesser punishment because they were driving like they were on Palmers Road and thus want the punishment for speeding as if they were on Palmers Road, even though they were actually on Forsyth Road. Maybe we should all try that… "Sorry Officer, I thought I was on Conrod Straight, not School Road…"

      I'm with @Amayzingone here - OP's best hope is asking for leniency based on driving record (assuming they have a good one).

      Good luck OP - make sure you provide a link to this thread as evidence!

      • smpantsonfire on 04/09/2023 - 22:47
        +3

        I think franco meant it can’t be both “I speeded” and “didn’t aware” at the same time.

        If you were consciously speeding, then your were aware.

        That’s how I read it anyway.

  • dylo on 04/09/2023 - 05:39
    +60

    No one cares what your dubious reasons are for speeding. You've admitted speeding in your post, maybe don't do it in the future.

    • skidexa on 04/09/2023 - 15:53
      +2

      Yet peeople here will jump up and down if you're not speeding on a right lane

      • CurlCurl on 04/09/2023 - 17:19

        Yet peeople here will jump up and down if you're not speeding on a right lane

        No they don't. They jump up and down because you are selfish and inconsiderate. If you are driving by you in-car speedo you most likely are under the limit.

          • CurlCurl on 04/09/2023 - 18:28
            +1

            @skidexa:

            Lol funny somehow you are calling me names without even knowing me…

            Oh dear. Re read my post to you and think about it.

          • 2024 on 04/09/2023 - 18:30

            @skidexa: Dude you started with the

            …up and down if you're not…

            Now you’re taking it all personal when CurlCurl continues with the same context, the same narrative?

      • freefall101 on 04/09/2023 - 19:50

        It's illegal to sit in the right hand land if you're not overtaking in an 80+ zone in Melbourne. Much like it's illegal to speed in Melbourne. I don't see much of a difference.

        I think the real lesson is that if people would just learn and follow the road rules the roads would be much safer and easier to drive on.

    • HeWhoKnows on 08/09/2023 - 17:54

      Has OP considered that this post can be used as evidence AGAINST OP by the Prosecutor

  • HardQuiz on 04/09/2023 - 05:47
    +15

    Whatever you decide, please keep us updated.

  • geekcohen on 04/09/2023 - 05:55
    +7

    I’m not taking Forsyth road that often and didn’t aware it has a 70-60-70km on the bridge and the straight way in between traffic lights. Normally I took Palmers Road and it was 80-80-80km consistent signage, mind that palmers is the same width, same amount of stop and starts.

    Welcome to the world of Victorian Roads where roads are becoming so inconsistent with speeds and the west is growing, so more roads have gone from 80 to 70/60 etc.

    Worst outcome: go to court and lose, it stays the suspension and will also stay in my criminal record, according to the Vic road website.

    Or, they give you a LONGER suspension. I've heard of this happening, people got to court to contest and they get a longer suspension plus a larger fine.

  • lost in transit on 04/09/2023 - 05:56
    +75

    So a driver speeded 25kms over the limit on an abnormal morning and hit your child while crossing the road to school, I'm sure you'd just say to your wife give the guy a break he was just having and abnormal morning and a very busy family life right ????????

    My daughter was hit by an uber driver while walking across a pedestrian crossing (witnesses confirmed it was a green man).. She heard the a vehicle accelerating but couldn't get out the way…

      • lost in transit on 04/09/2023 - 07:18
        +44

        No shit Sherlock…

        It was in the O.P Post…

      • DazMon on 04/09/2023 - 12:15
        +3

        There's a lot of 'not words' in there, the OP.

        • rumblytangara on 04/09/2023 - 18:14
          +3

          OP also can't count to 3.

          I can think of 3 scenarios if I went to court as I very do wanting to keep my licence:

          Ideal outcome: go to court and get a less penalty, I’m willing to pay for the fine but keep my licence so that I can resume a normal life.
          Worst outcome: go to court and lose, it stays the suspension and will also stay in my criminal record, according to the Vic road website.

          This is the thread of teh win.

      • Mallard on 04/09/2023 - 19:29

        It is. Look it up before getting on your high horse

      • Eeples on 07/09/2023 - 20:42

        It is a made up word which we all know the meaning.

        All words are made up.

      • Caped Baldy on 04/09/2023 - 16:07
        -1

        Better to be alive than in the right and dead.

        Hoping OP's kid is okay but pedestrians are just as responsible for their own safety as drivers. I see way too many pedestrians dawdle across the road without checking for cars.

      • lost in transit on 04/09/2023 - 16:35

        She's 30 years old mate and was 3/4's across….🤷‍♂️

    • FiDad on 04/09/2023 - 12:07
      +2

      Sorry to hear about your daughter. Hope she is doing ok now?

    • topppbloke on 04/09/2023 - 12:55
      +1

      Sorry to hear bud!
      Hope your girl is OK.

      • lost in transit on 04/09/2023 - 16:33
        +7

        Thankyou fellas she's ok now 👌😁😁

        • topppbloke on 04/09/2023 - 20:48
          +2

          Very very glad to hear mate : )

  • holdenmg on 04/09/2023 - 06:19
    +14

    So @ 87kms you would have been Speeding had you been on Palmers Rd?

    D'oh!

    Don't plead Not Guilty or Guilty… go with "I want to selectively choose the higher speed limit for the road I normally drive on" (not the limit for the one I was on).

  • Jimothy Wongingtons on 04/09/2023 - 07:10
    +18

    Take it to court but only because you need to apply for option for good behaviour (assuming you haven’t been done for similar crime before) and need it for family and work (you will still need to pay the fine). 25km+ is reckless af and I don’t blame judge if they throw the book at you anyway.

    • lordra on 04/09/2023 - 13:29
      -1

      +1
      Plead guilty but explain the family situation.

    • Typical16-bitEnjoyer on 04/09/2023 - 18:23
      +4

      No can do in VIC unfortunately.

  • EightImmortals on 04/09/2023 - 07:16
    +3

    If you are going to drive over the speed limit better be doubly sure there are no cop around, especially on unfamiliar roads as you wont know where their hidey-holes are.

    I'd go to court anyway, you wont win the case but the judge might alter the terms of your suspension so you are allowed to drive within certain hours to pick up the kids etc.

    • gromit on 04/09/2023 - 20:06
      +1

      If he has a record of speeding or other offenses the judge is just as likely to increase the penalty and suspension.

      • EightImmortals on 05/09/2023 - 06:04

        Maybe but he didn't tell us those details either way.

        • gromit on 05/09/2023 - 07:26

          His attitude seems to be it is ok to speed if he is late. would be surprised if he had a clean record.

          • EightImmortals on 05/09/2023 - 08:36

            @gromit: Maybe. I have no problems with sensible speeding but maybe he's been lucky so far?
            Anyway I doubt we'll ever find out, most OP's never seem to let us know how things turned out.

  • Steven135 on 04/09/2023 - 07:46
    +1

    What colour is the X5?

    • Muzeeb on 04/09/2023 - 08:25
      +4

      Probably dark blue and covered in a highway patrol wrap. Lol

      • geekcohen on 04/09/2023 - 09:54

        unmarked X5

      • dcep on 04/09/2023 - 18:07
        -6

        I think those X5 are VIPs fleet with bulletproof armor on 4.4L Twin Turbo V8 @ >500hp+

    • geekcohen on 04/09/2023 - 09:54

      Either Dark Blue or Black generally in the X5.

      • Mechz on 04/09/2023 - 19:50

        I saw an unmarked white one in the city yesterday, so I'd keep an eye out for all colours.

        • geekcohen on 05/09/2023 - 06:07

          Oh 100%, they are in all colours.

      • lew380 on 04/09/2023 - 08:13

        Someone has to pay for the forever US war machine. Speeding for Ukraine!

    • Euphemistic on 04/09/2023 - 08:09
      +3

      You don’t get a criminal record from a speeding fine.

      • lew380 on 04/09/2023 - 08:13
        +1

        Op mention a possible outcome in Vic, I didn't look into it.

      • HelpMeiCantSee on 04/09/2023 - 10:21
        +2

        I think you will find it’s dealt with by the criminal courts. It’s not a civil penalty, it falls under the jurisdiction of the criminal justice system. Absurd as it sounds.

      • Typical16-bitEnjoyer on 04/09/2023 - 18:24
        +1

        You can in VIC. However majority are now immediately spent.

    • nocure on 04/09/2023 - 09:48
      +12

      violate a rather trivial law and you can get a criminal record.

      Or you could kill someone

    • HelpMeiCantSee on 04/09/2023 - 10:25
      -1

      I totally agree, someone has been dosing the water I think… the high and mighty on here have never ever sped, never ever done anything wrong.

      I agree with you, speeding isn’t ideal, but how about we target the cause of the majority of accidents- poor driving. Address the quality of drivers, suddenly speed becomes far less of an issue.

      Requiring competence to maintain a licence would upset a large majority of the public (and remove the majority of the commenters on this thread)

      • jackspratt on 04/09/2023 - 15:11

        Hopefully you don't have a licence, given your impairment.

      • MagicMushroom on 04/09/2023 - 17:05

        You should practice driving under the speed limit.

        Such a basic skill.

        • CurlCurl on 04/09/2023 - 18:33
          +1

          ou should practice driving under the speed limit.

          Such a basic skill.

          If you drive to your in dash speedo you are driving under the speed limit.

      • lew380 on 05/09/2023 - 12:49
        +2

        Many other countries have speed limits far exceeding ours and have significantly fewer road deaths. Speeding probably is a minor factor yet it's almost 100% of the focus here. Obviously it's a complex relation ship, but the 100km/hr speed cap and some absurdly low limits seem to be designed for government cash cows.

        • Ughhh on 05/09/2023 - 12:52

          If people here can't even handle lower speed limits, you think they can at higher?

          • lew380 on 08/09/2023 - 18:39

            @Ughhh: Around populated areas, school zones, speed limits are fine. I'm talking about highways and open roads. People can handle fast speeds, unless your implying that Australians are just some special breed of Morons.

          • HelpMeiCantSee on 14/09/2023 - 10:36

            @Ughhh: Raising my point about competence. It’s far too easy to get a licence in this country

    • Ryanek on 04/09/2023 - 11:18
      +6

      Such a stupid comment. This just happened last week - https://www.9news.com.au/national/heckenberg-crash-update-ma…

    • CurlCurl on 04/09/2023 - 12:25
      +1

      What a cooked country, violate a rather trivial law and you can get a criminal record

      Speeding is not a criminal offence. Drink/drug driving are.

  • Ocker on 04/09/2023 - 08:03
    +6

    You did the crime, now do the time and start walking

  • Odin on 04/09/2023 - 08:12
    -3

    You'll get boned if you go to court like that.

    You'd have a better chance with a lawyer who created a good defence for you.

    No point asking for advice on forums either. Australians are too indoctrinated with decades of anti speeding campaigns

    • johnno07 on 06/09/2023 - 09:00

      You'll get boned if you go to court like that.
      You'd have a better chance with a lawyer who created a good defence for you.

      The only difference here would be that you'll get boned twice.

      Australians are too indoctrinated with decades of anti speeding campaigns

      The guy was doing nearly 30km/h over the limit - this is not a couple k's over.

  • Piratarzt on 04/09/2023 - 08:35
    +9

    You broke the rules. It could have easily been a collision that you would have avoided had you been 25km/h slower than you were. Penalties are meant to hurt, and clearly they are hurting you. The only people who should be speeding are emergency services.

    • 1st-Amendment on 04/09/2023 - 09:41
      -6

      You broke the rules

      Ah good old the Nuremberg defence…

      • Piratarzt on 07/09/2023 - 12:25

        I don't think you know what happened at Nuremberg.

        • 1st-Amendment on 07/09/2023 - 12:38
          -2

          I don't think

          Facts don't care about your feelings…

          • Piratarzt on 08/09/2023 - 09:44

            @1st-Amendment: You have not actually given any facts. Are you just trying to sound edgy and wise?

            • 1st-Amendment on 08/09/2023 - 11:27
              -2

              @Piratarzt:

              You have not actually given any facts.

              Says you.

              Are you just trying to sound edgy and wise?

              Facts don't care about your feelings either…

    • CurlCurl on 04/09/2023 - 12:29

      You broke the rules. It could have easily been a collision that you would have avoided had you been 25km/h slower than you were

      Same would apply apply if he had been 25kp/h slower.

      • Piratarzt on 07/09/2023 - 12:25

        And your point? Higher speeds mean less response times.

  • Joey2scoops on 04/09/2023 - 08:51
    +13

    I've sat in the back of the court waiting my turn and seen a few of these 25k and over scenarios play out (Frankston, Vic). They have never gone well. Ignorance of speed limit: Fail. Was late for X: Fail. Lucky to not be charged with careless or neg driving: Yep.

    The first two come from the police prosecutor and the last one from the magistrate.

    I would cut my losses and avoid sitting around for hours waiting for a lecture.

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