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I have 2 fines that will take me over 12 points and I can't…

Customer Question
I have 2 fines...

I have 2 fines that will take me over 12 points and I can't afford to lose my license, it would mean lose of job and the 2 other that work with me what can i do thank you Edwin

Lawyer's Assistant: What state was the citation in? And have you consulted a local attorney?

Victoria on freway roadworks there was a track with a 60sighn driving in the work area i drove pass it doing the speed limit but when I did I could see an 80 sign just like another car in front so I speed up

Lawyer's Assistant: Do you need to appear in court?

I have only got the ticket that he gave me due on 29-5-18

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's it thank you

Submitted: 2 months ago.Category: Australia Law
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Answered in 5 hours by:
5/30/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,542
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 2 months ago

when is your court date ?

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Solicitor: John Melis, Lawyer replied 2 months ago

Based on your comments you may have a valid argument to raise.

There are various defences that you can raised to assist in minimising the penalty that will apply.

There are various defences that may be raised to assist in minimising the penalty that will apply.

Some of these defence include sudden emergency, provocation by another driver, road conditions, psychological stresses, mental health and so on.

One of the main supporting factors in running your defence is to obtain affidavits in support of your position as a good driver from people who know that you have a licence. These affidavits are character references to your person. The affidavit should detail that the person who signs it, knows of the penalty that has been raised against you, and that you still hold a good character and the matter in question is an incident that occurred due to unusual circumstances. Your should obtain a minimum of three supporting references.

In addition usually when a traffic event happens, there is always a reason for it to occur, and especially when you are on the defensive side you can reduce the penalty level or have it withdrawn completely by providing supporting reports on the road incident through a traffic engineer, who will assess the circumstance and condition of the road relative to the time of the incident. This report will become a key element in your defence. ‘

If you are unable to engage a traffic engineer, obtaining photos of the incident area and then drafting a relevant brief around the incident will help demonstrate what happened as why you took such action.

However, keep in mind, that where you contest a speeding in court , and you are not successful in defending the same, the court may increase the fine and/or apply court costs as well= for wasting the courts time.

When you decide to contest the fine the key element is to be able to identify whether there is a legitimate reason on the facts if the offence.

Where there are genuine grievance in regard to the fine, then it is worth contesting.

Keep in mind the court will consider some or all of the following points as well.

(a) Offence complete and established in accordance with the standard points of proof;

(b) Admission of offence;

(c) Good driving record as defined;

(d) Poor driving record as defined;

(e) Type of road - dual / divided;

(f) Location (residential / industrial / school / intersection);

(g) Time of day;

(h) Traffic density at time of detection;

(i) Speed zone (e.g. 40 km/h school zone);

(j) Weather conditions;

(k) Safety related offence as defined; and

(l) Previous convictions in the past ten (10) years

Where you choose to contest the speed camera, this can result in a lengthy and costly process. However, it can be done, but keep in mind where the camera is found not be faulty you may be required to pay associated costs with the producing the camera including court costs.

Keep in mind that speeding offences are a ‘direct liability offence’. This means that even if you are 1 KM of the speed limit, you are guilty of the offence, unless you can prove otherwise. The reason for this is based on public policy, which is for the protection of all people that use the roads.

Many traffic incidents are defended well by the driver in question and it is just a matter of putting together all the supporting evidence and then preparing your case.

You have a legal right to protect your interests in this situation.

If you need any further information let me know and I will be pleased to assist.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

Have I answered your question today ?

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