Notice of Withdrawal

Discussion about speeding laws and enforcement
Dylan
Posts: 4
Joined: Tue Jan 05, 2021 7:53 pm

Notice of Withdrawal

Postby Dylan » Tue Jan 05, 2021 8:38 pm

Hello Sean,

Firstly, your website is very informative. I have read through your Speeding FAQs and Fines section.

My questions are regarding a defective infringement notice.

I was issue an Excessive Speeding infringement notice by a highway patrol police office using a laser.
137kph, alleged 135kph in 110kph zone, carrying 3 month suspension.

However, dated 14 Days after that initial notice, Vic Police sent a 'Notice of Withdrawal' letter in the post.
Quoting the notice reference number I was originally issued, the letter states that it "is invalid due to incorrect details and has been withdrawn. DO NOT PAY THIS NOTICE"

It states that the officer has been instructed to reissue the Infringement notice. And that "Any licence suspension or cancellation comes into effect 28 days from the the date at the top of the reissued Infringement Notice" and "Should you wish to lodge a Notice of Objection in regards to the reissued Notice you may still do so provided it reaches this office within 28 days from the date of the reissued Infringement Notice"

I still have 6 business days before the initial notice's suspension comes into effect.

So, I would appreciate your response to the following questions:
> Are the Police legally allowed to reissue a notice to replace one that is invalid?
> Can I still object to the initial notice and take my case to court, stating that it is invalid?
> If I had paid the original notice, what would have happen?
> How long do the Police have to reissue me an infringement notice? ie is their a expiry date on the issuing of a notice?

I was preparing to forgo my license for 3 months, but now am not sure. Had I objected to the initial notice a few days ago, it seems I might have had a case for showing it was invalid. Moreover, I am now unclear when the new notice will be issued and it will be 28 days from the date that it is issued that the suspension will take effect.

Thanks in advance.
Dylan.

Hardy
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Re: Notice of Withdrawal

Postby Hardy » Wed Jan 06, 2021 1:41 am

The police officially have 12 months to issue an infringement notice. In reality it is 337 days.
If an infringement notice is invalid it does not need to be withdrawn - it never really existed.
An infringement notice could contain the wrong details and still be valid.
A valid infringement notice can be withdrawn in some circumstances.
See http://trafficlaw.com.au/fines.html#defect

Dylan
Posts: 4
Joined: Tue Jan 05, 2021 7:53 pm

Re: Notice of Withdrawal

Postby Dylan » Wed Jan 06, 2021 7:35 am

Thanks for the quick reply Sean.

I am confused, if it never really existed, then how can it be reissued?

Moreover, if I'd acted earlier in response to the now invalid notice (ie paid the fine or objected for the withdrawal notice was sent) what would have been the implications?

Regards, Dylan.

Hardy
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Re: Notice of Withdrawal

Postby Hardy » Wed Jan 06, 2021 2:34 pm


Dylan
Posts: 4
Joined: Tue Jan 05, 2021 7:53 pm

Re: Notice of Withdrawal

Postby Dylan » Wed Jan 06, 2021 4:59 pm

Thanks again Sean.

Reading through the INFRINGEMENTS ACT 2006 - SECT 18 I can see making payment does not change anything.
However, it is not clear to me on what grounds the notice can be reissued.

I cannot see how subsection 2 applies or along with it subsection 4.

(2) Subject to subsection (4), without limiting subsection (1), an enforcement agency may withdraw an infringement notice if the enforcement agency determines that—
(a) an official warning should be served on the person rather than an infringement notice; or
(b) proceedings are to be commenced against the person in respect of the infringement offence for which the infringement notice had been served; or
(c) the matter should be abandoned.

And how does subsection 6 apply to the withdrawal action that has been taken, given 89D relates to the alleged offence?

(6) This section does not apply to infringement offences to which the following provisions apply—
(a) sections 89A to 89D of the Road Safety Act 1986 ;

Reflecting on your initial response. "If an infringement notice is invalid it does not need to be withdrawn - it never really existed."
If the Police have stated that the original notice is invalid, are they acknowledging it never existed and so are unable to reissue?

With thanks,
Dylan.

Hardy
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Joined: Thu Jan 01, 1970 10:00 am
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Re: Notice of Withdrawal

Postby Hardy » Wed Jan 06, 2021 11:33 pm

Forget about whether or not the original fine was valid or invalid, issued or reissued. You still need to deal with the second notice.
They can send you a new notice every day of the year if they like. Withdrawing to re-issue is extremely common and boring. There are people at Fines Victoria employed full-time to detect the ones that need to be reissued.
Excessive speed infringements can be withdrawn under s.88(3)
http://classic.austlii.edu.au/au/legis/ ... 5/s88.html

Dylan
Posts: 4
Joined: Tue Jan 05, 2021 7:53 pm

Re: Notice of Withdrawal

Postby Dylan » Thu Jan 07, 2021 12:00 pm

Thanks again Sean - appreciate the time you are taking and details you are providing in your responses.
Given the directness of your last response, clearly I need to now just wait for what the new notice has to say.

Reviewing more closely, I think the error that was made in the original was the offence code used 1934 - Exceed speed limit in a vehicle other than a heavy vehicle in a 110km/h zone by 20km/h or more but less than 25km/h. However, the alleged speed was 25km/h over the limit - if so I guess I can expect a higher financial penalty. That said, even with a 1934 offence, I know the suspension is still 3 months because the alleged speed was over 130km/h.

As I will likely accept the suspension, I just hope that the new notice is issued soon as I would rather deal with it now and not later in the year.
So, I hope the officer that has been instructed to reissue the notice is not tied up implementing the hard NSW border closure, on leave or some other matter that delays them completing their paperwork.

What do you think would happen if I called the Police Station and enquired as to when the new notice will be issued?

Hardy
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Posts: 8441
Joined: Thu Jan 01, 1970 10:00 am
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Re: Notice of Withdrawal

Postby Hardy » Thu Jan 21, 2021 12:04 am

Any licence loss infringement notice can be withdrawn anytime within 28 days of it being issued.
See s.88(3) RSA
http://classic.austlii.edu.au/au/legis/ ... 5/s88.html
S.89A allows withdrawal of drink driving and drug driving infringement notices that have been issued in error.


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