Speeding Fine Help

[naddis01]

Yesterday I got a speeding fine for under 15km over the 100km/hr speed limit. : My question is.. Is there anyway to get this waived without going to court? Am I able to write a letter to have it reveiwed? This is my first ever speeding fine in my ~9 years of driving.

If I am able to write a letter, what do I need to say in it and who do I send it to?

[ebxr8240]

Try if not successful ????......... pay !!!

[GJB XR]

Did you get done by a fixed speed camera or by highway patrol? I think you have three options.
Option 1. Pay the fine and cop the points.
Option 2. You can contest the fine in court but if you loose you have to pay the fine cop the points and pay for the court cost.
Option 3. try your luck and write a letter. There was something in the media about a week ago saying that there is a website for suggested letters to get of fines. But I have also heard that if you have a clean record for about 10 years you will generally get of your first fine.

Let us know what you do and the outcome.

[Creampuff]

Why should it be waived? Were you speeding of not?

[Rodp]

Originally Posted by Creampuff

Why should it be waived? Were you speeding of not?

A clean driving record spanning that many years can be forgiven one indiscretion, IMO. Particularly the lowest bracket in a 100kph zone.

[boo81]

Speeding is speeding though, right? I speed, I got caught (once in over 10 years driving) I paid the fine...

just because you have a clean record doesn't take away the fact that you broke the law. Sure it sucks, but if you did wrong - cop it on the chin.

:

[|||]

i heard you pay $0.01 too much and then they cant process it and you dont get any points taken off so you can continue to speed and there's nothing anyone can do about it

[Charliewool]

http://www.fordforums.com.au/showthr...peeding+letter

See post 16 ... I also believe this will only work if 10kph or less over the limit

[Mark s]

If you live in NSW they normally will let you off with a warning. They allow 1 warning every 10 years. This warning only applies for 25 k's and under.

If it happened in a school zone, then there is no warning you cop the fine.

I was one of those who were busted in the Lane Cove tunnel, when the road works was in force, I got caught doing 54 in a 40 zone. I rang the number on the fine and spoke to one of the operators, and they saw I had a clean driving record, last offence was 1992 and pretty much let me off with a warning. I have to keep my nose clean for another 10 years now before I am allowed to do this again.

There should be a contact number on the fine, of even a website to visit which should have the contact information.

If they do let you of, and they should. Make sure you get a letter send to you confirming this. Just to cover you butt in case someone makes a mistake. You have the warning in writing.


Cheers
Mark

[Fev]

why does everyone have to be a damn beurocrat??

If you can get out of the fine, go for it - i cannot imagine 1 person (other the people doing 20km's under) who hasnt, and doesnt regularly speed. It isn Dangerous per se, unless you are doing it on a road that cant handle those speeds - roads can usually handle another 10km's ontop of the speedlimit safely, but its kept that low for the crap drivers that dont know what they are doing and like to look through the steering wheel to see whats ahead of them. Sure you got caught, sure, you were speeding but its not like it was dangerous, a threat to society, public enemy No1! ah! The Gestapo!

[Mark s]

I just found this for NSW drivers.

Might be no good if you have been driving for 9 years, but you can try.

http://www.sdro.nsw.gov.au/your_opti..._leniency.html

[boo81]

Originally Posted by Fev

why does everyone have to be a damn beurocrat??

If you can get out of the fine, go for it - i cannot imagine 1 person (other the people doing 20km's under) who hasnt, and doesnt regularly speed. It isn Dangerous per se, unless you are doing it on a road that cant handle those speeds - roads can usually handle another 10km's ontop of the speedlimit safely, but its kept that low for the crap drivers that dont know what they are doing and like to look through the steering wheel to see whats ahead of them. Sure you got caught, sure, you were speeding but its not like it was dangerous, a threat to society, public enemy No1! ah! The Gestapo!

Agree with your points about speeding 'safely' etc Fev, but I am of the same opinion - if you get away with speeding all the time, then good luck to you. But when you do finally get caught - cop it on the chin...

But each to their own on this one I think.

[naddis01]

Thanks to all those who have helped so far. I think I will try a letter or ring them and see what happens. If nothing comes of it, then I will cop it on the chin and pay the fine.

Just a little more info. I was driving on the Sturt Hwy between Narrandera and Wagga Wagga. It is a 100km/hr road and was done by a highway patrol. I have actually been driving for 10 years including L's. Does that constitute 8, 9 or 10 years driving? Do they include Ls and Ps? I assume they would.

[lukey]

Originally Posted by |||

i heard you pay $0.01 too much and then they cant process it and you dont get any points taken off so you can continue to speed and there's nothing anyone can do about it

This is just an urban legend, it doesn't really work they'll just put a .01c credit to you.

[naddis01]

Originally Posted by lukey

This is just an urban legend, it doesn't really work they'll just put a .01c credit to you.

Thats what I thought as well.

[chief]

With such a good record you can plead guilty and then asked to be sentenced under a Section 10. Basically a Section 10 will mean there are no demerit points, no fine and no conviction recorded.

[naddis01]

Originally Posted by chief

With such a good record you can plead guilty and then asked to be sentenced under a Section 10. Basically a Section 10 will mean there are no demerit points, no fine and no conviction recorded.

But that would mean going to court would it not? I am not going to take it to court. Can you direct me to the Section 10 you are talking about?

Mark S, can you remember what you said when you rang them and got the warning?

[Pinch]

Seeking to be sentenced under s 10 requires going to court. I wouldn't bother for a minor traffic offence.

Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) is here:
http://www.austlii.edu.au/au/legis/n...99278/s10.html

[bonspeed]

Pay the fine boof head.

[Mark s]

Originally Posted by BAXLS

But that would mean going to court would it not? I am not going to take it to court. Can you direct me to the Section 10 you are talking about?

Mark S, can you remember what you said when you rang them and got the warning?

Mate I just spoke to one of the girls there, she was nice and very helpfull. I just said I had a clean driving record and wanted to know what I could do, send letter, etc.

She said she would check my driving record. It was clean and she told me over the phone that it was a warning. I asked her if that could be put into writing and she said no worries.

A week latter I got a letter in the mail and everything was sweet.

[fox76]

Section 10 of the Crimes (Sentencing) Act (NSW). It basically is were a matter (in youre case speeding) is proven but dismissed at the courts discreation. This however is no good in relation to points. Because the offence is still proven (although dismissed with no conviction) the RTA still takes the points off your licence, but if all your worried about is the money then it is very likely you will get it. An under 15kph fine is like $80 anyway isn't it?

[naddis01]

Originally Posted by bonspeed

Pay the fine boof head.

Nice.

[R0BD0G]

Originally Posted by |||

i heard you pay $0.01 too much and then they cant process it and you dont get any points taken off so you can continue to speed and there's nothing anyone can do about it

we used to have a mate that did that... he'd send a check for eg, Fine = $200 he'd send a check for $200.01 and it couldnt be accepted and he didnt lose anything

[Rodp]

Originally Posted by Kermit 73

we used to have a mate that did that... he'd send a check for eg, Fine = $200 he'd send a check for $200.01 and it couldnt be accepted and he didnt lose anything

He was either yanking your chain or he didn't realise that he was still being deducted points. It's an urban myth.

[strik9]

Originally Posted by bonspeed

Pay the fine boof head.

thats the one

[SB076]

Originally Posted by charliewool

http://www.fordforums.com.au/showthr...peeding+letter

See post 16 ... I also believe this will only work if 10kph or less over the limit

Read that - you can get off fines without going to court
1) you need to have a good driving record (no fines in the last three years I think)
2) You need to be travelling no faster than 10kph over

If thats you than you can ask for a warning - you just need to follow whats in the thread.

As for people saying just pay the fine, obviously the people who issue the fine have at their discretion the ability to waive fines under certain circumstances and this obviously must be lawful. So if you such a law abiding citizen you will have no problem with him requesting the fine be waived.

[naddis01]

Taken From: http://www.sdro.nsw.gov.au/your_opti..._leniency.html
and applies to NSW. Thanks to Mark S

Call us if you are seeking leniency due to a good driving record
If you have been driving for 10 years without any demerit point offences, we may waive the penalty notice and replace it with a caution if the offence is not serious.

If you are unsure of your traffic history, you can check your demerit points on the RTA website or contact RTA.

If eligible, contact us and we will check for any offences yet to reach your RTA record and consider your claim for a caution.

Situations where you cannot claim leniency
You cannot use a good driving record to claim leniency for:

parking or driving offences with no demerit points
demerit point offences in school zones
serious speeding offences, more than 30 km/hr over the limit
burnout offences
unlicensed driving or riding
driving unregistered or uninsured vehicle
probationary licence holders
anyone holding a licence for less than 10 years
bicycle offences
driving with unrestrained children
driving with two or more unrestrained passengers
use of radar detectors.
If you hold an interstate or overseas driver's licence, you need to write to us with a copy of your driving history from the relevant traffic authority.

If you are seeking leniency on other grounds, you need to write to us or complete a Request Review of Penalty Notice form.

[naddis01]

Well I sent the letter so we will see how I go.

[Duke]

All well and good to say “pay the fine” but not at all helpful! Nor does it answer the question posed by BAXLS...

Many of you may remember Kerry Packer being in court over his taxation. Mr Packer was asked why he pays so little tax and he replied that "anyone in this country" who did not minimise their tax wants his head read”

Packer used the existing rules (and the experts to find them), to reduce his tax on billions of dollars. Many people argue that he should’ve paid the full tax amount, but just as in this case with the speeding fine, if there are rules in place that can used to legally avoid or reduce your payments, then why the hell wouldn’t you use them?

To those of you who are saying “just pay the fine”, I’d assume you guys are the ones who just pay your tax without a full and proper investigation into the legal ways of reducing your obligation.

For those who think this is a criminal matter and not a taxation matter therefore it’s different... I’d say firstly a simple lack of concentration for a minute can result in speeding – not exactly Chopper Read material; and secondly, again, the laws are there to provide a way out of paying, if you are deemed deserving - so why the hell wouldn’t you ask for leniency! They only say yes or no, they rarely execute people who ask...

On both counts; I have paid thousands for tax advice and that has saved me tens of thousands in tax payments and I have written a letter asking for leniency on a speeding fine – and it was granted. (And a parking fine too).

If you could simply write a letter that could save you $200, how many of you would say “no, I deserve to lose $200 “? Sounds foolish to me.

Good luck with your letter BAXLS.

[naddis01]

Thanks Duke and well said