Can I get out of this speeding fine?

[NAPARM]

I got a speeding fine the other day and noticed the officer made a mistake when filling it out. He put my licence type down as a P plater but i'm on my Opens (have been for 7 years!).
Is this a big enough mistake that I can write away and get out of the fine?
Cheers.

[XR Martin]

No it isnt

[phoenix99]

i should hope not, u were caught speeding, face the consequences

[jonk]

In any state you can ask that your fine be waived. If it's not too much over the limit.

[flappist]

Originally Posted by NAPARM

I got a speeding fine the other day and noticed the officer made a mistake when filling it out. He put my licence type down as a P plater but i'm on my Opens (have been for 7 years!).
Is this a big enough mistake that I can write away and get out of the fine?
Cheers.

Ask a solicitor. Usually if there is a mistake then it is void although there are exceptions.

[BA_Turbs]

No. The field in which the error is made is not one that proves or disproves the offence. If you elect to take it to court and contest it the policeman just stands up, admits he made the error (to which the magistrate may tell him to pay attention) and then gives the evidence against yout hat actually matters.

Pay up.

[XT302]

If in NSW you can make application to have the infringement notice withdrawn. Done by addressing a letter to the Director of the Infringement Processing Buruea at Maitland.

Letter requesting it to be withdrawn (either do yourself, or someone with a legal background).

The Director has the discretion to withdraw a notice on any number of issues. If isssued correctly etc etc. Normally all NSW drivers get 1 out of jail free card.

In my experience the error made will not warrant the notice to be withdrawn.

Once you get the letter back from the Director (you ALWAYS get a response either way) if it is not withdrawn, you can elect to pay or for the matter to be heard in court.

If you elect court, once you get your court attendance notice with court date and details, you can write a letter to the relevant prosecutors for that court, stating your case.

Once you get a response from them (you will have to be on their backs for it) if again not favourable you can either pay the notice or continue to hear it at court.

Once at court you have a number of options;

plead guilty and pay a minimum of the notice fine PLUS court cost.

plead not guilty and fight on all grounds (if you were speeding, you will loose and risk a GREATER penalty).

or plead guilty with an explanation (why you were speeding) and hope the court finds in your favour. THE BEST you can expect in these circumstances is a section 10, which is found guilty, but no conviction held.

Hope this helps.

[TadKa]

I got off one but they put the wrong date on it.

[InfernoSR]

Plead guilty to the offence, but ask for leaniency for the incorrect information... they might correct the mistake and you could be hit up for a lower fine/punishment, or wipe it off altogether... but expect the worst, just in case :P

[DayTE]

You POSSIBLY could get off it in court. If the officer made a mistake writing down the ticket, what's to say that he didn't make a mistake taking down the speed.

I would write a letter. What have you got to lose by trying?

XT302 has got some good information in his post.

[Sonik]

Were you speeding? if yes, stop complaining, you broke the law, deal with it.

[CROC4D]

I got off 2 speeding fines. One by the officer (booked me on heresay, when I was a P plater, in a small town), and one by speed camera. Both because the times were written down wrong.
I had legal documents to prove that I was not there at those times stated. The first one I was in school till 3.30 pm, fine stated the offence at 3.25, and the second I was at TAFE. The camera was way off. Said I was 10km away 1/2 hr before I actually finnished class.

[NAPARM]

Originally Posted by Sonik

Were you speeding? if yes, stop complaining, you broke the law, deal with it.

Can you read? Where have I complained?


Thanks guys for your posts. I might write away and see what happens, i'm not too fussed about coping it sweet but thought I mosewell check if I could possibly get out of it.

[flappist]

These threads always seem bring out the "holier than thou" wowers.....

[TOASTED]

not a chance similar thing happened to me they just re issued it

[RATT]

Originally Posted by XT302

If in NSW you can make application to have the infringement notice withdrawn. Done by addressing a letter to the Director of the Infringement Processing Buruea at Maitland.

Letter requesting it to be withdrawn (either do yourself, or someone with a legal background).

The Director has the discretion to withdraw a notice on any number of issues. If isssued correctly etc etc. Normally all NSW drivers get 1 out of jail free card.

In my experience the error made will not warrant the notice to be withdrawn.

Once you get the letter back from the Director (you ALWAYS get a response either way) if it is not withdrawn, you can elect to pay or for the matter to be heard in court.

If you elect court, once you get your court attendance notice with court date and details, you can write a letter to the relevant prosecutors for that court, stating your case.

Once you get a response from them (you will have to be on their backs for it) if again not favourable you can either pay the notice or continue to hear it at court.

Once at court you have a number of options;

plead guilty and pay a minimum of the notice fine PLUS court cost.

plead not guilty and fight on all grounds (if you were speeding, you will loose and risk a GREATER penalty).

or plead guilty with an explanation (why you were speeding) and hope the court finds in your favour. THE BEST you can expect in these circumstances is a section 10, which is found guilty, but no conviction held.

Hope this helps.

That pretty much sums it up I think.

NAPARM, send the letter and hope for the best. It also depends on how far over you were as well which will directly influence the result!

[Ringo]

Originally Posted by CROC4D

I got off 2 speeding fines. One by the officer (booked me on heresay, when I was a P plater, in a small town), and one by speed camera. Both because the times were written down wrong.
I had legal documents to prove that I was not there at those times stated. The first one I was in school till 3.30 pm, fine stated the offence at 3.25, and the second I was at TAFE. The camera was way off. Said I was 10km away 1/2 hr before I actually finnished class.

My mate had exactly the same thing except they got the wrong street. Went to court and got thrown out. Bloody lucky because he was hooning at the time....this was in the 90's pre hoon law days...

[tweeked]

I had the right road but the wrong suburb on mine, wrote a letter, got a new ticket back in the mail :

[steamin63]

Originally Posted by flappist

These threads always seem bring out the "holier than thou" wowers.....

yeah, you always get a couple of worthless opinions.

[ebxr8240]

Originally Posted by tweeked

I had the right road but the wrong suburb on mine, wrote a letter, got a new ticket back in the mail :

From what I understand ... Take it to court and tell them...
By telling them before hand gives them time to change ticket...

[BadMac]

Originally Posted by ebxr8240

From what I understand ... Take it to court and tell them...
By telling them before hand gives them time to change ticket...

Tell them they got the License type wrong and the speed wrong, just choose a lower speed and admit it. Then they can send you a new ticket with the correct info on it.

[Ives]

Should've bribed the policeman in the first place.