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

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?

Comments

  • +13

    Where is the responsibility, you (profanity) up on multiple accounts and admit to it, but you do not want the consequences and now you want to be allowed to let go, what will happen if they do, next week same things. The fact that you post here and don't feel shame and instead 'help me get out of it' is shameful.

    • +2

      They sound like they’re from a country you can just pay a bribe to get out of. Not here you can’t.

      • +3

        Not with that attitude. I say take it to court, throw $500 cash at the judge and yell "I'm out bitch!".

  • +3

    I had the same situation before, but it was 80-60-80 (where 60 was a bridge) and I got pulled over with an alleged speed of 86km/h in the 60 zone. The cop took my licence back to his car and when I looked in the rear view mirror, I saw him get back out of his car laughing. I'm not exactly sure why, but he handed by my licence back with a smile and walked off.

  • +9

    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.

    You can't plead ignorance mate. It's your responsibility to be aware of the road rules. In any case, you were doing almost 90, so I don't even get your argument here? Even if it was 80, you were still speeding.

    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.

    This makes absolutely no sense

    So I speeded

    So you DID know what the speed limit was, and you broke it. So you've lied to us, yes, please go to court and lie to the judge too. That'll end well. lol

    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.

    Too bad, so sad.

    Driving is a privilege, not a right.

    If you saw a truck driver doing the same thing and he used this argument for his job, would you be as forgiving? What about a tiny bit of drink driving?

    ideal outcome: go to court and get a less penalty,

    There is literally zero percent chance of this happening.

    There is no reasonable excuse for speeding that would result in a fine being reduced, save for a life or death situation/emergency - in which case the ticket wouldn't have been issued anyway.

  • +1

    Had a family member in a similar situation, road went from 80-60-80. She had a valid excuse as well as she was new to the area and there were tree's and bushes covering the 60 sign. The judge still didnt overturn the fine or suspension.

    No point taking it to court, just accept the punishment and learn your lesson.

    • +2

      She had a valid excuse as well as she was new to the area and there were tree's and bushes covering the 60 sign. The judge still didnt overturn the fine or suspension.

      Serious question- did she take photo proof that the signs were obscured?

      • +6

        Yeah she did. It happened a few years but and I sort of mis-remembered what happened. She didnt end up going to court, she wrote a letter and sent in the photos of the obscured sign but they still went ahead with the fine/suspension. If she had taken it to court she may have won but she's a single mother and she didnt have time for all that. Funnily enough when she was pulled over there were 2 officers in the car and one of them agreed that the 60 sign was a little difficult to see but the other officer overruled him and still issued the fine/suspension.

        • +4

          Writing a letter means it's given an internal review by the police. A judge might have seen the evidence differently

  • Most of the time Waze and Apple Maps reminds us if we are overspeeding. Obviously, this is just something to alert us but never rely.

    Sorry to hear your case OP. Just accept it and learn from it.

    • *overspeededing.

  • +9

    He said I was doing 87

    But also:

    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.

    So you would've been speeding on Palmers Road anyway… Not a good argument.

    Setting aside the loss of licence and fine, the most important thing is that I hope you learn your lesson - 25kph over the speed limit is stupid and you should be grateful that you didn't end up killing someone (a pedestrian, cyclist, other car driver). The consequences of killing someone will be far-reaching - no amount of speeding is worth the risk. If you're late, then so be it, much better than killing or maiming someone and STILL be late anyway.

    • +7

      you're on the money! we should have no laws at all. can you supply your address so I can come over & rob your house? hilarious!

      • +8

        I've already tried to rob them. They had nothing of value unless you're into pots caked in burnt two minute noodles and confederate flags.

        • 🤣🤣🤣

      • -7

        "we should have no laws at all. "

        https://en.wikipedia.org/wiki/Reductio_ad_absurdum

        Come back when your logic passes that of a 12 year old…

        • +2

          Yup. Only your comment was already absurd. Speed is the factor in many collisions, and collisions endanger not only the at-fault driver.

          • -2

            @gmatht:

            Speed is the factor in many collisions

            Another logic fail… join your mate in year 5 logical fallacies class…

            • +1

              @1st-Amendment: Huh, I have a PhD in logic (and read the 1966 paper that showed speeding was unsafe), I don't even know mjuice7, and you haven't even attempted to present an argument that speeding is safe, Since you like logic so much here is a deductively valid argument for you:

              (1) If Speed is a factor in many accidents, then speeding is unsafe.

              (2) Speed is a factor in many accidents.

              (1,2, modus ponens) Speeding is unsafe.

              • -3

                @gmatht:

                you haven't even attempted to present an argument that speeding is safe,

                Because it wasn't my argument. At no point did I ever make it. Dr Logic is making more rookie errors lol.
                Now go back and read what I actually wrote and wipe that egg off your face…

                I have a PhD in logic

                Yet here you are making an argument form authority logical fallacy…

                This is comedy hour, thanks for the laugh

                • +1

                  @1st-Amendment: Correct. You are just trolling; you have not made an argument for me to challenge. You have not even clearly stated a conclusion. You only asked two questions. If you were attempting to construct an intelligible argument, you failed.

                  Incorrect about the argument from authority, though. That was not part of my argument and thus is not "argument from" anything. But… If you were to actually attempt a logical argument, I doubt you could out-logic me.

                  • -2

                    @gmatht:

                    I doubt you could out-logic me.

                    Lol, give it up mate, it's over and you still have egg on your face…

              • +2

                @gmatht: Speed is a factor in ALL accidents. Even ones where the cars were stationary.
                In ALL accidents I can choose a speed for a car that is different to the actual speed, that could avoid the accident.

                Eg. Person drives car at 5km/h into a house on purpose. If speed was 0km/h it wouldn't have happened. Therefore Speed is always a factor by dubious argument.

                If 0km/h doesn't work, then use C. If car's speed was C, it wouldn't have been here to be part of the accident. Therefore Speed is always a factor.

        • aw, u sound a little bit butt hurt. 🤣

    • -1

      Wake up sheeple

    • +1

      That we live in Police state and should be good little sheep and just do what we're told?

      Being a Police state is probably the only reason you and your family is still alive.

      • -2

        Being a Police state is probably the only reason you and your family is still alive

        Fear is a powerful force, it will make people believe anything is good for them…

        • +1

          RW and Skynews knows this. $$$$$

          • +1

            @Ughhh: Hahahaha exactly. Fear is what drives many right wingers, and particularly their media & influencers.

  • +1

    TLDR OP fiked up.

  • +8

    Waste of time fighting it. What sort of defence have you got? A impeccable driving record? I doubt it. As you would have been doing 87 on the other road thats a 80.

    The speed limit is the speed limit.

  • +14

    It is likely you are speeding on a daily basis and a road hazard for everyone else. Im sure after the suspension you will always remember this incident, which is the whole point of it.

  • -3

    OP. You are not gonna get sympathy out of most holier-than-thou posters here so my take is this.

    You are caught for 87kms so alleged speed unfortunately for radar detection is 2km less, meaning 85kms/hr. That takes you 25kms or above the speed limit which is the reason why you get 3 mths suspension.

    With that such very small difference (24kms vs 25kms), I would take it to court (if you can afford solicitor, do so maybe they have ideas) on grounds that the police probably hasn't taken the least speed reading (from memory, they don't just stop you based on one reading, they told me they would have done at least 2-3 readings before flagged you down) and that could easily be 86kms. That's one option but that means you're declaring war with the police for questioning them.

    Another option is to go to court and ask for leniency because you do need the car and 24kms - 25kms are arguably inconsequential.

    I hope you will get to keep your licence OP. You do need to drive by the look of it.

    • +1

      Probably already recorded as 87 despite being at 89. That is if they actually do give you a free pass on 2km/h - sounds like an urban myth.

    • +6

      25km/h over the speed limit isn't inconsequential speeding.

    • -1

      20+ kms over the speed limit is "inconsequential"? Pull your head out.

  • +6

    I know that area well and I understand that 60 is a bit less on Forsyth Rd and 70 is probably better suited to that road but it's still nowhere close to the width of Palmers Road. Not to mention, even if the speed limit was 80, you were still at 87! Even on Palmers, you can get booked going 87.

    No matter how you cut it, you are unfortunately guilty and you can plead your case to the judge but I doubt you'd go anywhere with it. Sorry.

    • -2

      Victoria is crazy considering Speedos can be out by ~10% from the factory. Thankfully NSW has saner laws and larger margin for error.

      • +5

        They always show higher speed than actual, so most probably OP's speedo was showing more than 87.

      • Victoria is crazy considering Speedos can be out by ~10% from the factory.

        The vast majority if not all read over. At 100kph on my in car speedo I'm doing around 95 to 96kph.

      • +2

        Might want to check up on ADRs. They can only read over the actual speed.

      • That 10% is in one direction only, Speedos aren't allowed by law to be under. So if it was out by 10% then his own speedo would have been reading 95. If anything that makes it worse.

  • -6

    O holy drivers of ozb that may do no wrong. OP repents for his sin- grievous as it was. The thousands of baby puppies he murdered in cold blood need avenging. He without sin may cast the first stone.

    I’m getting a little fed up with the pious and frankly arrogant responses from here. If OP lies, refuses to accept he did wrong, etc- then fine, pile on him no dramas. But OP owned up he f-d up, and wanted opinions on what he could do- sanctimonious judgement is unnecessary.

    • +2

      Usually when you "own" your mistake you don't claim that you weren't aware of the road rules, that the road rules aren't consistent enough and try to find a way out of the punishment.

      If OP wants a pity party, start a thread about "I was doing 27km/h over the speed limit because I'm an idiot, this is the kind of punishment I copped, don't make the same stupid mistake I did".

  • +2

    Have you tried appealing for leniency and maybe get it downgraded to below 25km ? generally though whatever speed they put on the charge, they will have evidence the device caught you going at least 3km/h or more faster, just in case they did not.

    in your letter admit your mistake, that you will adjust your behaviour. You will accept penalties for the below 25 km/h charge.

  • If you go to court and act like a normal considerate human being and not an entitled a-hole you will probably cop a bit of leniency. 25 over is reckless, but given your circumstances a suspension will pretty much ruin your life. I think a judge will be sympathetic.

  • +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.'

    This won't stand as that implies that if you ever deviate from any roads that you don't normally drive, you'll also likely to speed

  • +2

    You did the crime and are 100% guilty but you want to take it to court and hope that the court will impose a lighter punishment when the court option is meant to be for contesting the infringement?

    Somehow I don't think they'll appreciate you wasting everyone's time in court lol.

    Also, people's lives aren't worth you being a bit less late to your next appointment. Please take that into consideration when you're on the road.

  • +6

    Unless the road was empty (doubt it), it would be evident that when you're whizzing past other cars that you are going too fast.
    I feel like people who are dependent on their licences like this should be the biggest nerds on the road. Love seeing tradies on RBT getting caught for the fourth time and losing their licence saying how it means losing their job and not paying the mortgage, ffs.

  • Gee, the trolling is brilliant in here today!

  • +1

    MS Paint Diagram?

  • Bad luck but you deserve it. I'd rather be late than donate to Dan Andrews.

    I notice that every 2nd traffic light on major roads have red light and speed cameras on it. They wouldn't be installing them if they are not making a mint from them.

  • +5

    Just had a look at Google Streetview for that section of road. That bridge has all manner of traffic lights and right hand turning lanes piled all over it- no freaking way would I expect section of road like that to have an 80 limit. Flying over that road at close to 90, during peak hour (OP mentions shuttling kids around that time) sounds extremely irresponsible.

  • -1

    Wanna whinge…how about a few months jail and crushed vehicle as well?

  • +1

    Admits going almost 50% over the speed limit

    Still asks whether they should fight it. Lol.

    • +5

      Well cmon he was driving on a different road then normal, do you expect him to read the speed limit on every road in Australia? Can't he just guess the speed limit then have a cry when he gets a massive fine?

      • +2

        Yeah, weird that the speed limit in Vic is 50 unless noted otherwise, yet OP thought 87 would be adequate.

  • +2

    You can try writing an appeal to Vicroads and ask for a bit of leniency. Arguing that you were very close to the 25km/h limit, so may be reduce the penalty to something below 25km/h

    It will help if you have a good driving record. But please understand that what you did was reckless and could have hurt someone else. Driving about 30km/h over the posted limit can be very dangerous. Just this morning, the news headlines had 2 fatal accidents with 4 deaths and 2 serious injuries.

    • You can try writing an appeal to Vicroads and ask for a bit of leniency. Arguing that you were very close to the 25km/h limit, so may be reduce the penalty to something below 25km/h

      I think you need to write to Fines Victoria rather than VicRoads.

      And I think the fact it was an in person police fine is hard to ask for leniency. Usually you can only get leniency for speed camera fines.

  • +5

    What kind of idiot shows up to court with an excuse that I don't use this road often and my missus is short handed at work?

    FFS, take responsibility and ownership.

  • -4

    Your choice. Courts are businesses, geared up to make money. It is not really a criminal offense, as you cannot opt for a jury trial. It will be you, the plaintiff, taking the defendants to court, and you will be out of pocket when you loose. Unless you have something exceptional to argue about, chances are you will loose.
    Don't forget to let your insurance company know about the offense.

    • ….you will be out of pocket when you loose lose. Unless you have something exceptional to argue about, chances are you will loose lose. FTFY

    • +3

      Courts are businesses
      🚨Cooker alert 🚨

  • +3

    I also drive at 110Kmph on every road that looks and feels like a freeway. Good job OP. Take your case all the way to supreme court. The judges would totally agree.

  • +3

    "an abnormal morning (get pulled out to kids school for an interviewing, running late to a meeting in the other side of town)"

    Sounds like a normal morning. No, you're not special.

  • +1

    I understand the frustration of being on unfamiliar roads and seeing the speeds changing seemingly at random and for little apparent reason.
    I have a few streets near me where there seems to be no rhyme or reason to the limits imposed.
    But none of that is a defence to the charge.

  • I’m the only one can pick up or drop off kids everyday otherwise it creates logistics impossible and failing schools run.

    Judge Judy would tell you that's a you problem and you should have thought of that before flying over the bridge 25kmph over the limit. If you think you're that special on the road, I hate to think what life is like for your wife at home. Do you refuse to help clean the house, feed the kids, cook your own food?

  • +3

    I think if you explain your situation about being the sole care giver for the kids during school drop off and pick up time (your wife is working) they may not suspend you but put you on one of those good behavior things where you can keep driving but if you get caught for doing anything wrong in a 1 year period you get suspended.

    Your argument about not knowing the speed limit and being unfamiliar with the area is not valid. Don't talk about this in court. It only makes you seem ignorant.

  • +3

    Your argument is pretty weak, you should have added in that your dog died and you just got laid off.

    • +2

      … and the goldfish is pregnant.

    • What about "My dog stepped on a bee"?

  • -4

    Take it to court, Dan's soft judges will give you a kiss and cuddle ruling. Tell the judge you have a mental health issue or that you are Aboriginal and need to be with your mob. These always seem to work to get a soft ruling in Danastan (Australia's lawless state).

    • you forgot having a bad childhood, voices told you to do it and you were on the phone and didnt see the sign.

  • +2

    Sucks to be you

    • -1

      double suck to even think that this can be challenged!

  • +2
  • +1

    Sorry OP, learn and move on…

  • +1

    I assume OP has no prior speeding fines?

    I thought the point cook traffic is always so heavy that no one can travel over 60kmph anyway?

  • having dealt with stuff like this previously I think you run the risk of angering the court and just costing yourself more - none of the rationales given will be seen as basis for a reversal. Just pay the fine, cop the penalty and move on.

  • +4

    Pay the fine and serve the suspension.
    However harsh it may sound - its a learning for life that your urgency may lead to a bigger crash and some innocent may be hurt.
    Driving with kids at speeds - do you realise the risk? must be school hours too then?

    Worse case - you will be late, may miss a meeting. Not the end of life.

  • The media is all over the recent road deaths which mostly involved med-high range speeding.

    I'd just pay the fine and take the suspension. You got off light in this case.

  • +1

    Get a proper lawyer experienced in traffic matters. It will cost you but it seems that not having a suspended licence is quite important to you, you are not getting out of this for free.

  • Suck it up princess

  • Waste of time and money fighting it.

    You're way over.

  • +1

    Definitely take it to court. Get a good Senior Counsel to represent you and you'll be fine.

  • Before and after school childcare at school?

  • +2

    Try Whirlpool. They might roast help you

    https://forums.whirlpool.net.au/forum/133

  • +1

    Bad news OP -
    VIC excessive speed convictions have minimum mandatory 3 month suspension. Even if the Magi was your mum, they basically cannot reduce the suspension unless there was a clear error at law. There is no probation or alternative available unlike a 12 month cancellation.
    Your worst outcome is also incorrect. They can slap you with ~5x fine and a cancellation.

    The good news -
    VIC changed the regs recently so the conviction is immediately spent and won't show up on criminal history checks (unless you decide to contest it in court, then it's there forever - you're now duly warned)
    You licence is only suspended and not cancelled, so you don't have to jump through the annoying Vicroads hoops when your 3 months is done and dusted

    otherwise it creates logistics impossible and failing schools run

    You live near Point Cook so there is abundance of taxis, uber and public transport to get around. The Magi will VERY happily point this out to you if you like.

  • +3

    Please take this to court.

    For science.

  • +1

    So when the OP drives on any unfamiliar road they are oblivious to the signage!?!?!

    • +1

      Yes, and seemingly assumes that 90KM/h is the default speed limit on all such roads…

  • fight for your right to party

  • +1

    There’s been 193 deaths on Victorian roads this year, up from 157 at the same time in 2022.

    https://www.theguardian.com/australia-news/2023/aug/31/hume-…

    They're crackin' down right now.

  • spend the time and money you'd waste trying to fight this on taxis for the next three months.

  • +2

    It’s most likely that you’ve been speeding on a consistent basis and you finally got caught out this time. Nobody travel more than 25km/h OVER speed limit by accident. You would’ve been flying pass other cars if it’s during daytime - no way you wouldn’t be aware of the speed limit.

    Your reasons of bringing up Forsyth Road and how you’re late for work have no relevance for speeding.

    Best thing to do is to admit the fault when go to court and tell the judge you screwed up - won’t do it again next time and pray for a lighter sentence.

    Keep the same attitude and challenge the court - good luck getting any support.

  • +1

    Go to court, represent yourself, and offer the magistrate $100 cash in hand to let you off. If he refuses, increase it to $200 immediately.

  • lol.. so you’re argument is you were over speeding because you were on a road you haven’t been before?

    Logic has left the room.

  • So Vic judges are unforgiving to people who are speeding, are they also unforgiving to murder and drug dealers? This is a serious question

    • +1

      Murder & drug dealers don’t get 3 months driving suspension. Hard to take you seriously.

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