[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

  • +2

    They suspended your license for 3 months? It's almost as if they're trying to teach you a lesson or something.

  • You know and admit you were speeding. What exactly do you plan to say in court?
    I was late? Yep so what.
    I didn't pay attention to the limit? Well you should have.

    I don't get it. What's your defence and what do you hope to achieve?

  • +1

    Pay the fine and do the time. Zero chance you'd get off in court.

  • +1

    I got done for the same. I went to court and the judge sent me to a safe driving course. After I finished it I went back before him and he let me off. I dont know how common that is, this particular judge was known to be a big believer that those kinds of courses do more than punishments.

    • Do you still exceed speed limits?

    • What was your "alleged" speed?

      and what state?

    • Either you're not in VIC or this was more than 4 years ago. Laws change.

  • Actually you should not be allowed on the road ever again

  • Going over by 25 km ? Should be suspended for an year. Just fine alone will not deter people
    You have a weapon on your hand which could ruin so many lives.
    But 3% tolerance seems stupid as the speedometers need not be that accurate by law.
    .

  • Take it to court and explain your situation based on good driving records and your family's needs, but don't make excuses. Good luck!

    • What if OP doesn’t have a good driving records? What if he had been caught speeding or run red light before?

      • explain your situation based on good driving records

        if you have none, your chances are very very low for any leniency.

  • -2

    Pick up your kids in the bus. And when they ask why you're doing it, tell them the truth so that they learn from your stupidity. Then you'll save them the hassle of making the same mistake. It'll be the best 3 month suspension anyone will have ever gotten if you and your kids (and your wife for that matter) all learn from it.

    You're welcome. Now jog on.

  • -1

    One of my friend was in same situation.
    He got offer 3 options:
    1. Take the 3 months.
    2. Take it to court.
    3. No suspension this time, but any more rule break in the next 12 months will be 1 year suspension.
    Do you have the 3rd option? If you do would you take?

      1. No suspension this time, but any more rule break in the next 12 months will be 1 year suspension.

      Generally, that is for P platers. The "golden" point. But that is only when you get 6 demerits in a 12-month period. Not for something that is an instant suspension like this.

      • I've seen it be offered to non P platers but only for instances where they've accumulated points over a period and for minor offences.

  • +2

    I'd cop it OP… "I was doing 87 because I thought it was a 70 zone" is going to go down real well in court

  • We have a death toll 40+ lives higher than last year. Good luck expecting the judge to go easy. They are just looking for people to make an example of.

  • +1

    What a load of bs.

  • Take an uber or bus to pick up your kid for 3 months and take it as a lesson. You got off lightly, if you had hit someone while speeding would be much much worse. Case closed.

    • +1

      If the kid requires a carseat, you can only ride in a taxi or public transport without one. Uber/Didi, etc require you to byo carseat or pay extra for one (Uber) as they are considered private vehicles in the legislation.

      • Sounds like OP will be reflecting on their actions when lugging a car seat around then.

  • You do the crime, you do the time.

    • So if you are young you should do heaps of crimes?

  • +2

    Your arguments are rubbish I’m sorry to say. Not taking this road often to be aware of the speed limit or I have to pick up the kids etc.. is not an excuse. Don’t go to court for this and just accept the fine & consequences. Imagine your kids got run over by a speeding driver and his excuses were “I’m late to pick up my kids”?? Will you be cool with it?

  • +3

    Ahhhh, the old post and ghost.

    A real thigh slapper this thread. 100% troll thread.

    • Yep, probs the same gimp who ruins all forums in Australia. He used to brag about having 40 odd pseudonyms active at once at the ABC

  • Why would you go to court if you are guilty… and even planning to admit this??

    Will be a very quick case lol

  • +1

    Legislatively if the magistrate finds you guilty you're going to cop the suspension; they can't change it. So if you did it, don't bother. You'll be wasting your time and still be suspended.

  • Can you take it to court, make sure you record and post on youtube. I wanna watch your arse fail.

  • +1

    FLOW CHART
    You sped >you admit it>Pay up

    • I miss the days people would paint for us. :(

  • Drove through this area yesterday. Plenty of 60km/h signs, no reason to miss them.

    Best option is to take the 3 months, continue driving anyway, get pulled over for speeding again, claim your name is (insert brother/cousin/uncles name here) and enjoy your 15min of fame on Highway Patrol.

  • -1

    OP has disappeared guys, no comments to us lol. Hope the cop finds this and screenshots it for proof that would be funny

  • +2

    The 4th option…..

    Why say you thought you were on Palmers road when you'd still be speeding. Just say you thought you were on the autobahn and you were just getting warmed up.

  • if OP passed a traffic light he could have easily seen the 60 speed sign, and along the road are 60 speed signs.
    If im unfamiliar with the road i always check the speed sign on that road, but that is me.
    Too bad there was an undercover cop and OP got caught.
    If I'm intentionally speeding then i’m very much aware of the risk, and if i get caught I would accept the consequences.

  • -1

    Go to jail serr

  • The only relevant info in your post is that you admitted you were speeding. Take the hit champ or fight it in court.

  • Stay of the road. We have enough shit drivers as it is.

  • I haven’t read all the comments but if you have a clear driving record then you should consider going to court or at least seek a legal opinion.

    • +1

      you should consider going to court

      To do what?

      • +1

        To do what?

        In fact, the guy who said go to court must be an ignorant or just kidding.
        The Judge will ask what is your plea? Guilty your Honour, so what are you doing here???

      • To plead guilty but ask for leniency in loss of points because of his good driving record.

        • Victorian excessive speed convictions have a minimum mandatory 3 month suspension.

  • "I didnt look at the speed limit" lol

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