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 Post subject: Fines
Posted: Wed Apr 18, 2007 8:25 pm 
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Hi, i am on my red Ps and have had my licence for just over two months and am now facing losng it for 3. By now u probaly think i am a absolute hoon which is very tempting to be with my car but i am not, im not goin to say i dont give it a stab now and then but im not like some of these other p drivers goin around. The other night however i was pulled over because the policeman thought i was on the phone, however it was in my lap and when it rang i picked it up the light went on then i threw it to my freind. he beleived that this was enough to be fined and loose 3 points over. i was also fined and loose 2 points for drivin a manual on an automatic licence, and fair enough i will cop that as it is stupidity on my account but the phone one i beleive is harsh. i have the phone records to prove that i was not on the phone at the time and did not receive and sms. so my question is do you think it is worth appealing the infringement for having a mobile as i wasnt even on it or should i just cop it all and loose my licence considering prior to this i have had no other offences even though its only been 2 a bit over 2 months thanks!

 

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Posted: Wed Apr 18, 2007 8:34 pm 
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First you say it rang.
Then you say it wasn't on.
Then say you have records proving there was no activity during the time?
Im sorry, but theres more than 1 phone in the world. Proving it was yours will be hard.

Double check the infringment, if theres ONE little mistake on the lic. no / addy and other s**t, it'll be exempt. cost's too much to correct.

 

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Posted: Wed Apr 18, 2007 8:52 pm 
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no what i meant was the phone rang so i threw it to my freind the police must have seen the light and pulled me up straight away. the phone was never answered as can be proved

 

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Posted: Wed Apr 18, 2007 8:53 pm 
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read it again you misread it. i said i wasnt even on it.

 

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Posted: Wed Apr 18, 2007 9:00 pm 
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well if it wasnt answered, take it further, as you will have phone records that wont have said it was answered.
i wouldn't cop it, cause i leave my phone in my centre console and it always lights up in my face when it rings.

the manual/auto licence fine you will have to wear though.

 

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Posted: Wed Apr 18, 2007 9:00 pm 
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in regards to checking the fines for faults or incorect dtails thye policeman mispelt my name is this reason enough Krytox

 

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Posted: Wed Apr 18, 2007 9:03 pm 
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hahaha it just might be mate.

 

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Posted: Wed Apr 18, 2007 9:46 pm 
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Thanks for your replies ill c how it goes and post bak with the result

 

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Posted: Wed Apr 18, 2007 10:44 pm 
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If you were genuinely not guilty then plead not guilty. I tell everyone this no matter what offence they allegedly commit. If you were, then man up and cop it sweet, pay the fine and do the time. Either become better behaved or smarter, one of the two.

If you say you weren't on the phone then i believe you, I have no reason not to, but everyone i give a ticket to says they weren't on the phone or weren't speeding even when it's plain as day they were.

The decision is ultimately yours, court can be an ordeal but I wouldn't pay the fine if I was not guilty.
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Posted: Thu Apr 19, 2007 9:34 pm 
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yah i am willing to cop what i am guilty of and thats driving a vechile that is restricted to me i.e manual on an auto licence i had the test booked in and everything and planning not to drive the car but it is extremely hard not to when u just purchased the thing. but still stupidity on my account and no excuse, i beleive thoughthe mobile phone was harsh but do not no how to go about defending this matter. i understand too if you are a policeman you probaly hear this everyday. i just dont wasnt to sound like im bagging cops as i am not as they are just doing there juob and the one that pulled me up was polite and treated me respectfully as i did also. thanks!

 

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Posted: Thu Apr 19, 2007 9:39 pm 
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is court the only way to appeal i am not worried too much about the fines it is that i am loosing my licence now as the phone was 3 points and the restricted car was 2 and i am on my ps only having 4 points. i just would like the points revoked as i need my licence as my school hours are eratic and my job requires me to be able to drive so im in a bad situation at the moment. i do not however like the idea of goin to court because as you said can be an ordeal, is it even worth trying to send letters??? also the policeman that pulled me up said i could apply mayb for something like a probationary licence or something similar. is this true thanks!!

 

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Posted: Thu Apr 19, 2007 11:18 pm 
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You can send letters, however the IPB director will write back explaining they are not in a position to judge the (one sided) evidence that you provided and you will need to pay or go to court.

It is very rare they will over-turn infringements.

It usually takes 4-6 weeks for a reply. One of mine took 14 months to reply.. back in 2002!

 

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Posted: Fri Apr 20, 2007 12:25 am 
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Here in WA you can write a letter in the hope of having the matter adjudicated. Here you would send it to Infringement Management Section or similar and a Senior Officer would normally talk to the issuing officer about the incident, most probably contact the accused by phone following receiving the letter and make a decision based on that.

Sometimes they drop it at this point for a number of reasons.

I had court today for a traffic matter that someone asked to be adjudicated. I said the matter would stick, went to court and the magistrate found the person guilty.

You will need to be prepared to have your friend as a witness as well as any other evidence you think may back your case, eg phone records. If you plead not guilty and are found guilty you will be up for further court costs, as well as time off work or whatever.

It will also take several months to happen so by the time it goes to court you could have lost your licence and had it back for ages if you paid the ticket in the first place.
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Posted: Fri Apr 20, 2007 12:29 am 
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In WA they have what is known as an extraordinary licence. You must have served 28 days of any suspension first then can apply through the courts for an extraordinary licence which is a very simple process. It will carry conditions like directly to work and back or 9-5 or something similar.

I'm sure you have something like this as it costs, here about $170 I think, and makes the government money so I'm sure yours wouldn't want to miss out.
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Posted: Sun Apr 29, 2007 6:22 pm 
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if you dont be a tool and stuff around you wont get fines or loss of licence
ppl these days think (im cool cos i got 10 tickets and so on ) but realy that aint cool fool really ur a tool on a bike or bus now

 

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