6 month suspension due to missing a speed sign

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sam123
Posts: 3
Joined: Sat Jul 07, 2012 5:22 pm

6 month suspension due to missing a speed sign

Postby sam123 » Sat Jul 07, 2012 6:06 pm

Hi,

I was driving along a 100 km road at night, doing approximately 110 km (which yes, was wrong). To my shock when I glanced at my GPS I saw that I was in 70 km/h zone of a small country town, on the outskirts so visually it was clear that it was a town. Reflectively put my foot on the brake, saw the speed sign and saw the police light almost simultaneously. He informed me that I had been doing 110 km/h in a 70 km/h zone. Now totally in shock, I told him that I must have missed the first time, which he rebuked me and told me that I had driven past 3 (obviously including the one I had just seen) and handed me a six month suspension.

Not being able to believe that I missed the 70 sign, I drove back and sure enough saw the two previous speed signs only a couple of 100 meters further up the road, though they were actually set only about 10 meters apart (which they seem to be doing now in country towns), making the statement of 'three sets' a bit disingenuous.

Feeling like an absolute moron, I spent the good part of the day trying to work out my options and came across this wonderful forum. After trawling the site I have come up with a few conclusion, I was wondering if anyone could give me some confirmation:

1) That you have to hand in the license within 28 days of receiving the notice of suspension (or is it from the time the police pulled me over), the suspension starting 28 days after the infringement (or is it receiving the notice) and that there is no way to hand the license in early and begin the suspension immediately. This is with the intention of getting it over and done with as soon as possible.

2) It seems that other people have been caught in this situation. What are people's experience? Looking at the main website it seems that it is not possible to get the suspension below the 6 month minimum, but then I get mixed messages when I read forum posts who are talking about being able to get a more desirable result (for example, only 1 month). Is this worth pursuing? Anything to ease the pain.

Its amazing how easy it is to get a suspension. Even traveling at 100 km/h, a moment of inattentiveness, like changing a channel on the radio, can result in a suspension of 1 month!

Thanks in advance for the assistance!

oscar
Posts: 695
Joined: Thu Nov 10, 2011 7:00 am

Re: 6 month suspension due to missing a speed sign

Postby oscar » Sat Jul 07, 2012 6:42 pm

1) you have to send in your licence when asked to - you cannot start your suspension early
2) you can only avoid/reduce the suspension by taking it to court.....then you pays your money and takes your chances

Hardy
Site Admin
Posts: 8239
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: 6 month suspension due to missing a speed sign

Postby Hardy » Sat Jul 07, 2012 7:18 pm

Sounds like you are unsure what the consequences are or what your options are. Excessive speed infringements are all expained on the website at http://www.trafficlaw.com.au/fines.html so reading that will clarify things for you.

The only way to get a better outcome is to object tot he infringement notice and see how things go in the court system. You are incorrect to assume it is not possible to get the suspension below the 6 month minimum. I spend most of my life achieving just that for hundreds of people who are accused of mandatory licence loss infringements. Whether or not you could be bothered rolling the dice in the legal system is something you alone can decide. I tell people that if they think they are likely to drive whilst suspended then they better take the fine to court to try for a better outcome.

sam123
Posts: 3
Joined: Sat Jul 07, 2012 5:22 pm

Re: 6 month suspension due to missing a speed sign

Postby sam123 » Sun Jul 08, 2012 6:14 pm

Thanks for that! The website clarified a lot!

One final question, it mentions conviction on the infringement notice. Does this mean I now have a criminal record and thus have reduced my job prospects or ability to apply for a visa?

Boki
Posts: 918
Joined: Wed Nov 09, 2011 3:52 pm

Re: 6 month suspension due to missing a speed sign

Postby Boki » Mon Jul 09, 2012 9:46 am

As Hardy always says - to be sure about a speed limit on any road, will need to drive at 40km/h until you become aware of a speed sign.


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