Excessive Speeding

Discussion about speeding laws and enforcement
khyz0r
Posts: 2
Joined: Wed Mar 03, 2021 7:49 pm

Excessive Speeding

Postby khyz0r » Wed Mar 03, 2021 9:19 pm

Hello, I was pulled over by a police highway patrol recently on a Mornington Peninsula road at approximately 7:30am on my way to work. He was parked approximately 500m to 1km after a change in speed limit from 80kph to 60kph zone. I received an on the spot infringement notice with a detected speed of 87kph, alleged 85kph. This put me right on the edge of receiving a 3month suspension.

I am 43 years old and a carpenter by trade, so I need my license to drive with trailer full of work tools. I have 2 dependent children under age 10, and a partner who works part time, and we have a mortgage. To my knowledge I have only 1 demerit point on record currently. I am yet to submit a notice of objection to take the matter to court.

As I am right on the cusp, and due to my family circumstances, I was hoping you could advise if anyone has ever received leniency with regard to the license suspension?

Hardy
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Location: Melbourne Victoria
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Re: Excessive Speeding

Postby Hardy » Wed Mar 03, 2021 9:51 pm

I get an acquittal in speeding cases far more often than I get leniency. So you are better off aiming for a win rather than offering to lose. In any case, the pathway to getting leniency is identical to the pathway to winning. You don't get leniency until the case is allocated a contested hearing date. Then if the prosecutor is interested in reducing the alleged speed it is not because they want to do you a favour. It is because the police have recognised they are at risk of losing. If they are at risk of losing I wouldn't be rushing off to plead guilty. I find the best way to save a licence is to object to the infringement notice, plead not guilty, then win. The other way is object, plead not guilty and hope the police decide to reduce the alleged speed to a reading that does not trigger mandatory licence loss.

khyz0r
Posts: 2
Joined: Wed Mar 03, 2021 7:49 pm

Re: Excessive Speeding

Postby khyz0r » Thu Mar 04, 2021 4:55 am

Thank you for the quick reply. Apart from the estimated lawyer costs that I have seen on your FAQ, are there any other costs that I should be aware of if I request a hearing? Ie. Does that instantly incur court or prosecution costs, regardless of win/lose/request leniency?

Thank you for your time.

Hardy
Site Admin
Posts: 8475
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Excessive Speeding

Postby Hardy » Thu Mar 04, 2021 9:13 am

If you are acquitted you can ask the court to order the police to pay some or all of your legal costs.
The police pay court costs which are about $85. If you lose you might be ordered to reimburse them.
See http://trafficlaw.com.au/object


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