Pulled over by police, told I might get a fine

[Blue1980]

Yesterday I was driving for work in northern Vic and was in a bit of a rush and was foolishly speeding and got pulled over going at 111km.

I was thinking well that’s annoying and maybe get a fine, but then they told me I had been clocked at that speed in a 60km area. It was a small area I had seen where they had signs up for road works but literally no one was around so I didn’t even think about it and told them I hadn’t seen anything in that area.

They took my license briefly, gave me a breath test and then came back and told me they would check that section of road (as it was on the other side to which they were facing) and check it out with the signs and I might get a fine and that I was over 100km regardless, then let me on my way.

Now they didn’t seem overly angry or anything and didn’t mention losing my license or anything like that, but obviously I am playing a lot of scenarios over in my mind of what may happen. Initially I thought I maybe in the clear of anything serious because of this, but I obviously don’t know.

I know if they judge me as going 51km over the speed limit I will lose my license for 12 months, but I thought they would give some indication if they were treating it that severe.

I need my car for work and not having the car for 12 months would be a major problem, and I’m fully aware do the crime do the time and I was stupid etc.

Anyone else had a similar experience or know of anyone who has?

 

[Orange Agent]

I was in a car with a driver that got clocked doing about 150kmh down the Eastern Fwy one night, after they booked him he was still allowed to drive home and it was a few weeks before he lost his licence. This was a long time ago and with the introduction of hoon laws things may have changed but I think you will be getting a summons in the mail.

 

[Blue1980]

I was in a car with a driver that got clocked doing about 150kmh down the Eastern Fwy one night, after they booked him he was still allowed to drive home and it was a few weeks before he lost his licence. This was a long time ago and with the introduction of hoon laws things may have changed but I think you will be getting a summons in the mail.

Did they tell him at the time he would be losing his licence?

 

[Orange Agent]

Did they tell him at the time he would be losing his licence?

I don't think so, but this was 15 to 20 years ago.

 

[Taylor]

Charged by summons.

 

[Long Live HFC]

I need my car for work and not having the car for 12 months would be a major problem, and I’m fully aware do the crime do the time and I was stupid etc.

rules in states differ, but there is normally a mechanism that allows you to apply for a restricted licence for use during work hours. note- driving to and from work doesn't count, you actually need to show driving is a requirement of your role.

 

[GreyCrow]

rules in states differ, but there is normally a mechanism that allows you to apply for a restricted licence for use during work hours. note- driving to and from work doesn't count, you actually need to show driving is a requirement of your role.

I think the driving to work in Northern Vic might indicate his car is a need due to (assumed) lack of PT. He can argue that his job requires him to have a car to attend

 

[Blue1980]

Well it happened on the 2nd and nothing yet, so still playing the waiting game

 

[perthblue]

Well it happened on the 2nd and nothing yet, so still playing the waiting game

Anything yet?

 

[Blue1980]

Anything yet?

Over 3 weeks still nothing

 

[Teagueeee15]

Over 3 weeks still nothing

There is some good news for you in that you haven’t been contacted in this time.

Exceeding the limit by the speed that you did is a level 2 hooning offence in Victoria, but the Police have to issue you with a surrender notice within 10 days of the offence and take possession of your vehicle. If they pinged you on camera, then they can still serve you a surrender notice, as the 10 day limit doesn’t apply. With it being on what sounds like a rural road in northern Victoria, that would be unlikely.

Based on what you said, you may get a summons in the mail charging you with excessive speed, or careless driving if the officers in question utilise their discretion based on their observation of signage on this road. Under the former charge, your license will get a mandatory suspension, but you may escape with just a fine on the latter offence, if you have a clean record. Because you haven’t been issued a surrender notice and the attitude of the officers at the time, this could be seen as a sign you may get charged with careless driving. Regardless of the offence charged, you will still be able to drive until 28 days after the date of the charge.

With restricted licenses, because you offended while driving your car for work, you won’t get a restricted license as this already shows that you don’t have the ability to drive safely when working. I also don’t believe Victoria has them anyway.

Whatever happens, it’s not going to be the end of the world if you lose your license.

 

[Macpotata]

Just because you haven't heard anything yet doesn't mean you won't lose your license as you are now aware. The fact it is a rural road and maybe that you don't have many priors should work in your favour

 

[Lebbo73]

It’s all over. He’s got away with it.

 

[Blue1980]

I got the mail today charged with excessive speed and dangerous driving and to appear in court November.

No fines or penalties listed at this stage. Obviously going to get legal advice to see where I go from here.

 

[kaiserchief13]

I got the mail today charged with excessive speed and dangerous driving and to appear in court November.

No fines or penalties listed at this stage. Obviously going to get legal advice to see where I go from here.

Wow they are going to try and fine you heavily and take your license unfortunately. Hate the driving laws in this country. It's a nanny country

 

[revo333]

Wow they are going to try and fine you heavily and take your license unfortunately. Hate the driving laws in this country. It's a nanny country

111 in a 60 zone is hardly nanny kind of stuff.

If it's a first offence and the OP was unfamiliar with the area then i don't think he should lose his license.

 

[kaiserchief13]

111 in a 60 zone is hardly nanny kind of stuff.

If it's a first offence and the OP was unfamiliar with the area then i don't think he should lose his license.

Putting up 60km signs infront of road works when nobody is working there because they're too lazy to take the signs down and put them up again.

 

[Blue1980]

111 in a 60 zone is hardly nanny kind of stuff.

If it's a first offence and the OP was unfamiliar with the area then i don't think he should lose his license.

I’m still exploring legal advice at the moment. Can’t really see the point of getting a lawyer if I will get 12 months suspension regardless, so just checking my options.

It’s one of those things you would love your time back again but unfortunately I can’t do anything to change what happened. And other people who have done stupid things would know you keep beating yourself up over it, but ultimately you need to get into solution mode and work out where to go from here.

And yes it is a first offense (I had received fines for small speed limit infringements like 10km and some red light ones before), but have never lost my licence or have any criminal record.

 

[DidakDelight]

Signs were clearly marked as you say and
It was apparent there were road works set up. Regardless if no one was working.

At 110km per hour a reasonable person can not make the assessment that there was not at least one worker around.

Plea guilty at the first mention and definitely make sure you get a local lawyer who regularly works at the magistrates court you’ll be attending.

If the magistrate knows the lawyer you’ll be looked after. Dress nicely bring support and show remorse and you will get the suspension period halved or more.

Good luck.

 

[Engimal v3]

I hope you get the chair.

 

[Blue1980]

I hope you get the chair.

I was expecting being blasted into the sun so this is a step up.

 

[ShanDog]

I was expecting being blasted into the sun so this is a step up.

Tell them you're a sovereign citizen and don't recognise the court's jurisdiction.

Won't work, but will make a cool YouTube video for people to have a giggle at. I love them.

 

[Blue1980]

Tell them you're a sovereign citizen and don't recognise the court's jurisdiction.

Won't work, but will make a cool YouTube video for people to have a giggle at. I love them.

As in claim I live in my own country.

Basically I’m going to just have to cop it. Lesson is if you speed in a roadworks area you will be treated as harshly as someone doing the same speed on a suburban street.

Learn from my mistake people and take care everyone

 

[revo333]

Learn from my mistake people and take care everyone

Every week truck drivers ring up the MMM night shift to complain about having to reduce speed for road work signs when no one is around.

I saw a guy set up road works at 4 am a month ago near my work and left 30 minutes later and no one had reappeared when i was leaving at 8am.

 

[JW Frogen]

Oh the police are always utensil suckers about this sort of thing.

Rather than just say what they are going to charge you with the hold the half wit and self righteous cards close to their chest and even worse often give you platitudes about how all the torture of waiting and not know is your fault.

You can apply to the court for a driving to work exemption, where you can only drive to work.

Take it to court, show up to the court, explain.

Judges are much smarter than cops.

That is why they are judges.