Going to court for outrageous driving on public roads

[ilsautomotive]

That's right, Bracksy is going to earn his $128 this time.

The scene was one of chaos - I was just east of Melbourne on my way home stopped at a traffic light admiring the new XR8 in front of me. Just as the light changed to green, the accelerating cars in front of me screeched to a halt as a person ran a red light heading south. In the confusion, the XR8 did a very illegal right turn.

Finally I could accelerate safely, and some stupid tool in a van next to me starts entering my lane forcing me to emergency brake. The moron offered no apologies and started laughing about it. I accelerated a little just to overtake the van, and the next thing I see a big flash and I know what's going on.

Today the letter arrived. The road typically changes the limit from 60 to 70 and back again about every 10 metres and it happened to be 60 at this point, and I allegedly did a time-warping 68 km/h. My choices are to bend over and pay the $128, or to defend myself in court. I jotted down every possible detail of the event at the time, and hopefully my recent streak of financial disasters is about to change.

For what it's worth, the reason most people don't go through court is because they would earn more money spending the same time going to work. But this is about more than money. I'll probably end up in jail but hey.

[EFFalcon]

Good luck Jack.
Road laws suck

[InitialD]

Dont take it from them! If you can fight them screwing you over, do try :

[gtfpv]

Dunno Man Might Be Lucky But What Are The Chances Of Common Sense Prevailing With Things Like This

yeah good luck with it all jack, don't bend over and give in to them!

[neb]

i think you should just pay it... seriously you won't get out of it, doesn't matter what excuses you have you still went over the speed limit and the speed camera got you i don't think you're going to be able to get out of it.

but if you do go ahead with it then good luck! you're going to need it

[Kenaz]

Best of luck with it Jack

[Racecraft]

It reads like you sped up with road rage to get back infront of the van.. Might want to change the story abit before your hearing or the court costs will add to your monetary woes...

[The MaDDeSTMaN]

Good luck mate!

[jonbays]

Look you got caught paying up is the cheapest option.

If you want to make a point and have the money to do it get a lawer pay his fees the court costs and see if he can get a good technical legal argument to get you off.

I do sympathise but overtaking people who cut you off isn't going to cut it.

[ilsautomotive]

Cheers for the responses guys, some food for thought. Does anyone know the financial risk involved in the court process? It's a bit like 'double or nothing' isn't it?

My argument is that I was accelerating away from a dangerous scene involving 2 near-accidents in the space of about 10 seconds. My other speeding fine a few months back was for doing 64 in a 60 zone near the bottom of a steep downhill slope, and I paid the $128 that time but was not happy about it.

If anyone has any experiences in this area I'd be very interested to hear it before I make a decision.

[dansedgli]

Not sure how it all works but good luck with it!!

[lv619]

Write a letter first maybe?? Then if that fails, take to court if u want... good luck.

[4.9 EF Futura]

Originally Posted by Trouty

Cheers for the responses guys, some food for thought. Does anyone know the financial risk involved in the court process? It's a bit like 'double or nothing' isn't it?

My argument is that I was accelerating away from a dangerous scene involving 2 near-accidents in the space of about 10 seconds. My other speeding fine a few months back was for doing 64 in a 60 zone near the bottom of a steep downhill slope, and I paid the $128 that time but was not happy about it.

If anyone has any experiences in this area I'd be very interested to hear it before I make a decision.

Not necesarily double or nothing but the judge can basically hand down whaterver he/she feels like... obviously within reason, they cant turn around and fine you $2000 (without good reason)... most likely if it went against you, it'd be the $128 + court fees...

Hey, it's your right to appeal it... but sounds like an uphill battle for you... you... err.... dont exactly have a spotless record do you?

[LTDHO]

Jack, bad luck but I don't think you have a case. If you take it to court the magistrate will not see it from your point. He will not see you as leaving a scene but as road raging.

Pay it and it will go away.

At court, the magistrate can decide how much you pay on to of the fine. The fine can also be increase if the magistrate it is justified.

[FRDXR6]

Yeah i agree, i think you should just pay it. Unfortuneatly your agreement wouldnt be strong enough for the magistrate to overturn the fine. You will end up payng bracksy even more if you go to court + waste your time, just send him a letter to remind him who your voting for next election out:

[zetec]

How soon do we get to vote out Bracksy anyway?

[XRated]

Just pay it off. No point in wasting your money on legal fees.

Originally Posted by zetec

How soon do we get to vote out Bracksy anyway?

LOL yeah, not soon enough.

[Casper]

Dont pay it, take it to court. You probably wont win but the more people that stop bending over to this joke of a tax the better.
I'm still waiting for my court date over a year since my little run in so this is not going to happen soon anyhow.

BTW, anyone know the statue of limitations on speeding and parking fines?

[XRated]

Originally Posted by Casper

BTW, anyone know the statue of limitations on speeding and parking fines?

LOL!! Reminds me of Seinfeld, "it's not statue.. It's statute."

I'll go back in my corner now...

[Damo]

good luck Jack. I got a letter in the mail last week too. =\ $128. =\

[4.9 EF Futura]

Originally Posted by Casper

BTW, anyone know the statue of limitations on speeding and parking fines?

It differs from offense to offense... usually 6months or 12months... I think they looking to harmonise all to 12 months but it varies state by state...

Not sure if statute applies to an appeal... i.e. action has already been launched by serving the infringement... think SOL only counts from the time the offense occurs until the time action is taken...

[klawsterfobik]

take it to court.. what are court costs worth? $30?

as for voting out Bracksy, i think we all know it wont be happening... and even if it does, who is going to run with a promise of "not being an idiot", "looking after the state, and not my back pocket" or anything that will do something to benefit the car enthusiast community, they see us as Hoons.

Makes me want to make my own political party, cant be that hard Pauline Hanson did it _2:

[FRDXR6]

Yeah well the next person will probably suck as much as bracksy but at least he'll pay for being a f*ckhead by losing the election.

[oppy]

good luck! depending on how you approach this case it could go either way but they may get these all the time. I'd fight the unjustness of changing speed zones within such a small area, plus your fear for your saftey. who knows how it will go but hope you win

[gtfpv]

you poor victorians . it does suck in a big way why are they trying to catch as many as they can to raise revenue this is bullshit . 4km over the limit now 8km over the limit in a questionable speed changing zone . the BASTARDS ... on the other hand it is $128 . if you were in bali i'd say challange it . because youd be facing 20years to life but $128 might just be worth copping / or get together and overturn the government, the power have been taken away from the people.

[ED turbo (mickmalta)]

If you genuinely think you were in a bad situation and accelerating away was going to save your skin, then fight it all the way.

Paying it admits fault.

[pepsimax]

i don't if it's been mentioned but ask to see the photo,,if there are two vehicles in the photo it has to be thrown away as they can't say which one is speeding and they can't fine both drivers.

[XA-Coupe]

If you do elect to contest it.. you cannot say " it was safe" or anything like that. Speeding is a statutory offence, either you did it or you didn't. Having said that.. if you get the right magistrate you never knpw what the hell can happen

[T_Terror]

Good work for fighting it. The more ther merrier,

Dont like youre chances of winning though. Paying hte fine is an admission of guilt.

So dont pay it and live with the point.

Or better yet, just find someone lese (anyone) to nominate as the driver at the time.