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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5619
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Writing this on behalf of my brother who is a truck driver.

Customer Question

Writing this on behalf of my brother who is a truck driver.
He just received a fine for driving 14.5 hours in a 24 hour period. (only allowed 14). the 24 hour period both previous to that day and following that day, he was at home. They still issued the $420 fine.
During the period in question he drove from Griffith NSW to Melbourne and return. However on the fine it states the following.
"It is alleged that on Thursday the 20th August you were the person who was the driver of a motor vehicle described below (description followed) which was driven upon a public street/ main road Hume Highway/ 31 near Marulan when the offence was committed."
They gave him the ticket at Marulan but the offence was many hundreds of KMs from there. So the details of the offence are from accurate.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

Notwithstanding the issues surrounding where the fine was given and details therein, the fine is still valid.
All you an do is either:
1. Send a review to the State Debt Recovery Office.

Expert:  Daniel replied 1 year ago.

2. elect to go to court, and have a magistrate review and use the discretion to waive the fine, if the SDRO does not.

Expert:  Daniel replied 1 year ago.

If I have been of assistance, please click accept / leave feedback as to my service.

Customer: replied 1 year ago.
Can you please credit me with my money back. I don't expect to pay that sort of money to be told the obvious and what is already written on the infringement.
I have now been given informative legal advice from someone who is a specialist in traffic law, who was able to advise on how successful a challenge would be and why they believe so. This is the advice that was not forthcoming from yourself and would like to use the money I wasted on you to a far more deserving solicitor.Regards,
Customer: replied 1 year ago.
Can you please reply to the above
Expert:  Daniel replied 1 year ago.

With respect, there is no such specialist accreditation in traffic law in NSW.
I trust your solicitor will serve you, well, however the RTA is at liberty to amend the notice and the court will likely allow it.
I will ask for a refund, however heed my advice.

Customer: replied 1 year ago.
Thank you and I will expect to hear from you soon.