Current Status My son Gary Filby is due to appear at the…

Current Status:

My son Gary Filby is due to appear at the Ringwood Magistrate Court tomorrow for a hearing.

Note: This is a mention date. If your appeal is granted and you intend to plead NOT GUILTY, the court may adjourn your hearing to another date.

Please read attached detail of events leading up to this issue.

QUESTION:
As we would like to resolve this tomorrow and not have it adjourned how should we approach the duty lawyer/prosecutor?

We plan to plead NOT GUILTY to the infringement, but plead GUILTY of supplying incorrect information initially. We now have supporting proof that the vehicle is not a high powered car for a probationary driver.

Please advise.

EVENTS:
Infringement Notice: Probationary Driver who Drives a High Powered Motor Vehicle on a Highway, Middleborough Road, Blackburn.


Date of Offence: 16th October 2008

Penalty Reminder Notice : 5 December 2008
Obligation Number XXXXXXXXXX
Infringement Notice Number XXXXXXXXX
Payment Due Date 16 Jan 2009

Nominated Option 3: - Have the matter heard and determined in Court
-     Sent letter to Civic Compliance Victoria – letter dated 23.12.08 with supporting facts of the vehicle

19.2.2009: Received letter from Victoria Police acknowledging receipt of letter. Information supplied previously deemed to be incorrect.
Under the Infringements Act we were not entitled to make any further applications.

Nominated Option 1 – have the matter heard in the Magistrates Court.

25.3.09: MAGISTRATES COURT VIC – Enforcement Order Notice
- Nominated Option (b)ii – Revocation of the enforcement order and referral of the alleged offence to the Magistrates’ Court for hearing and determination.
- Returned form on the 6.4.09

31.3.09: Received Notice from VICTORIA POLICE:
               Driver Licence/Learner Permit Points Courtesy Letter re 3 Demerit Points

31.3.09: Received Notice VIC ROADS:
Notice of Suspension of Driver Licence/Learner Permit Under Section 25(3B)       of Road Safety Act 1986
        Commencement of Suspension : - 30.4.2009
        Period of Suspension: 6 months.

15.4.09: Sent letter to Civic Compliance Victoria with correct facts and data of vehicle

22.4.09: Received Notice from Magistrates Court Victoria – Infringements Court
        INFRINGEMENT COURT CASE NO: XXXXXXXXXX
        Notice of Revocation Refusal

22.4.09: Sent letter to CIVIC COMPLIANCE - Nominated Option to object and have       
        Matter heard in Court.

27.4.09: Sent Letter to MAGISTRATES COURT VICTORIA to have Application of    
        Revocation heard by a Magistrate in an open court
5.5.09:   MAGISTRATES COURT VICTORIA: - Notice received.
      Listed for hearing by the Magistrates’ Court of Victoria at Ringwood.
      Date: 16th June 2009 @ 9.30am






Consulted Legal Aid (Box Hill) on this matter and have been informed of the following:

It can be shown that the said vehicle QMC035, a MY01 WRX Subaru, Vin No: JFIGDAKD316003036 is not classed as a high powered vehicle.

-     Supporting specification from Subaru Australia
-     Vic Roads power to weight ratio (PTW) requirements for persons obtaining probationary licence before 1 July 2007.

Allowable PTW for probationary licence holder is 125kw per tonne.

Gary obtained his probationary licence on the 1/12/2005
Based on Specification and PTW ratio it is 115kw per tonne.

Although he is not guilty of driving a high powered vehicle whilst on his P, he is guilty of supplying the incorrect information initially. This was supplied at a later stage. Legal Aid informed us that we only have one chance to supply correct information. Thereafter the matter will have to be heard in Court in order to resolve the matter.

Per the above time-line we believed that we followed the correct procedure to have this matter resolved and not ignored it.


As Gary is on a 1 year bond of Section 25(3) and 25(33D) for he Road Safety Act 1986 (Option 1) which commenced on the 4th July 2008 – 5/7/2009 he is not allowed to accumulated any points against him during this period or his licence will be suspended.