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Speeding fine (forgiveness rejected)

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Hi,

 

about a month ago husband was stopped for going 20mph above (I know it's bad I was with him but didn't realise either)! Anyway officer told husband to ask for forgiveness as he had a clean record.

so we did but he was refused Because he hasn't held the Nsw license for more than 10 years (as we have lived in the UK for the past 17). I'm thinking of letting him go to court as I find it quite discriminatory. What would you guys do? He is a very conscious driver, we still can't believe he was going that fast and now he's being super extra careful. Thanks

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What do you mean? What do you mean "hasn't helped NSW"? Presumably this incident was whilst on holiday as you live in the UK?

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Hi, sorry just changed (using iPhone the beauty of autocorrect). We have recently moved to Nsw (3 months ago) and he has swapped the licence from UK to Nsw. They could see that he had a UK license for the past years, so he can't be forgiven...However they say that he can go to court if he wants to dispute.

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Do you dispute he was over the limit? If so, then go to court. But your court case isn't about whether he should have been let off, it is about the offence.

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What's 'quite discriminatory' about the requirement to have held a clean license for 10 years in order to be forgiven the offence? :confused:

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I don't see anything discriminatory - he was over the limit, pay up. I can't believe that anyone, once caught, would actually bother to say "oh please forgive me this is my first offence" and am somewhat gobsmacked that a policeman would even suggest it as a course of action. I certainly wouldn't be wasting court time on it.

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I'd pay up to be honest as 20km over the limit is quite a lot


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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I agree with the others, in wouldnt be wasting time with court cases, just pay up and learn from the mistake. They do seem a lot keener here on speeding, my hubby also learnt the hard way.lol.

 

Cal x


If you don't go after what you want, you'll never have it. If you don't ask, the answer is always no. If you don't step forward, you're always in the same place...

If you get a chance,take it, If it changes your life,let it. Nobody said it would be easy they just said it would be worth it...

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Husband has over 10 years clean license. Was the officer who suggested to ask for a caution! He has been refused only because he was an overseas driver. Anyway thanks for the replies.

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I agree with the others, in wouldnt be wasting time with court cases, just pay up and learn from the mistake. They do seem a lot keener here on speeding, my hubby also learnt the hard way.lol.

 

Cal x

 

 

Mine too


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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Many states allow for minor offences to be dealt with "administratively". In Victoria, the rule is clean licence for more than two years, less than 10km/h over the limit; admit guilt; be contrite; and request the matter be handled administratively. The rationale is that the law is there not to punish occasional lapses but to address habitual behaviour.

 

You will not win in court because they are able to consider only whether an offence has been committed (which your husband would have acknowledged in asking for forgiveness). If you believe the police have discriminated against you then you should pay the fine, but take the matter up with the police complaints department or policing ombudsman. You still won't win, though, because the rule about ten years would be applied consistently to everyone. If you can't comply because you have been overseas; or are too young; or some other reason; then that's your problem. You could only demonstrate unlawful discrimination if the failure to get forgiveness were based on race, disability, sex, etc.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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I don't see anything discriminatory - he was over the limit, pay up. I can't believe that anyone, once caught, would actually bother to say "oh please forgive me this is my first offence" and am somewhat gobsmacked that a policeman would even suggest it as a course of action. I certainly wouldn't be wasting court time on it.

 

Quite clearly this is routine for first offenders in NSW. First offences are mitigating factors for offences in most (all?) first-world democracies so it's hardly surprising.

 

They fine heavily for speeding in Oz. Annoying that you had to find out this way! And I hope it was 20 kph and not mph. Probably a few hundred dollars difference between the two.

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It's a hard way to learn about speeding in Australia. It is so easy to wander above the speed limit when you are in a stream of traffic, constantly keeping an eye out for people around you and not realising you are speeding. Mind you the streams are usually only 3-4 kph above.. It is one reason my satnav is set so to warn me if I go more than 5kms above the limit. A very nice lady says "YOU ARE OVER THE SPEED LIMIT".

I don't think anyone doing 20 mph over the limit (or even 20 kph) deserves any kind of forgiveness.

Mike

Last time I had a speeding fine was 1964, aren't I a good boy ?... or more likely, just plain lucky.

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'Forgiveness' is for minor offences, the situation described in the OP is not a minor offence in Australia.

 

The cop probably suggested forgivness to make it look like they were being nice.

 

I applied over a fine for doing 64 in a 60k zone, refused so I paid.

 

One thing for migrants to remember is speed cameras, random and fixed, are everywhere in Oz.

 

They have favourite places to park the random ones, obviously they are put in locations where they know driving over (albeit by a small amount) is common, often on raods just out of town and just before, or after, where the limit changes.

 

Whatever people think of that its the way it is.

Edited by Country vic
Typo

Beware lawyers and lien: ‘…..Possession is nine-tenths of the law is an expression meaning that ownership is easier to maintain if one has possession of something, or difficult to enforce if one does not….

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....and be aware of speed signs and road signs being almost obscured behind bushes, trees and other obstructions. I kid you not.

 

Sadly the police lack any sort of integrity in publicly highlighting poorly placed signage.

Edited by le petit roi

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A good lawyer might get you off on a technicality, but is it worth it?

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Quite clearly this is routine for first offenders in NSW. First offences are mitigating factors for offences in most (all?) first-world democracies so it's hardly surprising.

 

They fine heavily for speeding in Oz. Annoying that you had to find out this way! And I hope it was 20 kph and not mph. Probably a few hundred dollars difference between the two.

 

Really? Well there ya go. It would never have occurred to me to ask. I shall remember that in future ;-)

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if the point is to get out of paying the fine why would you spend even more money for a lawyer & risking getting court costs to pay as well on top of the fine.

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Pay the fine, take the points and keep an eye on the speedo. I got 3 points the other day (pretty sure the camera must've been hiding in a tree or something!) but I was speeding. First offence or not, it's breaking the law. And 20kph (or 20mph) is still a fair amount over, it's not like he was 'just' over!


Don't have regrets because you were too scared to try something.

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If you do the crime then do the time.Too many people in Australia get off with losing their licences with petty excuses = losing a licence for drink driving or speeding and crying about not being able to drive to work etc and given an E licence only to carry on and abuse the privilege because there is no deterrent.

A case springs to mind here in WA a few years ago where a cricketer lost his licence for drink driving and got an E licence because he said he wasn't used to taking public transport and didn't know how to do !!!!!!!!!

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Yup I learnt to use the speed limiter on my car ..........after a $400 fine :confused:


So many wineries ......so little time :yes:

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