102kmh in a 60

Prolaser III, Prolaser IV, Prolite+
Potts
Posts: 1
Joined: Wed Jan 09, 2013 1:48 pm

102kmh in a 60

Postby Potts » Wed Jan 09, 2013 1:53 pm

Hi guys,

I was hoping for some advice:

I got caught on my bike just before Christmas in Victoria doing 102 in a 60 so was issued with a $600 fine, 6 points and worst of all a 6 month ban.

I've got until the 16th of Jan to decide what to do which is either

a) just take the ban starting on the 17th

or b) As I will probably lose my job I could go to court to try to get some mitigation based upon that I will lose my job, a previously clean driving license and stating that the reason for the excessive speed was as result of a car that hadn't seen me and was pulling into my lane and with another car on the other side I just reacted to the situation and accelerated out of the problem (the car obviously didn't stop and so I don't have any witnesses - also I was at the speed for 3 seconds or so - there are notes on the legal aid site to say that the magistrate must give a mandatory 6 month ban for this sort of speed but it says thay can make allowances for situations where the speed was as a result of getting out of danger.

Does anybody know of a situation like this or am I just wasting my time in going to court.

Cheers,
Mark

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

Re: 102kmh in a 60

Postby Boki » Wed Jan 09, 2013 2:04 pm

I don't know how many bike speeding cases Hardy has done before but if you want keep your licence for another 2-4 months, it would be wise to object and go to Hardy with the summons and explore your options fully. Reducing your suspension from 6 months to 1 month is one possibility. Getting acquitted would be another.

Good luck and let us know how you go.

Ponala
Posts: 84
Joined: Sun Apr 29, 2012 10:46 pm

Re: 102kmh in a 60

Postby Ponala » Wed Jan 09, 2013 10:13 pm

If you are just wanting to get the suspension altered, you are not able too. As you said it is a mandatory suspension, and nothing the court can do about it.

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

Re: 102kmh in a 60

Postby Boki » Wed Jan 09, 2013 11:08 pm

Ponala wrote:If you are just wanting to get the suspension altered, you are not able too.

Not if you (as the prosecutor) can help it Ponala.

Hardy
Site Admin
Posts: 8239
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: 102kmh in a 60

Postby Hardy » Wed Jan 09, 2013 11:34 pm

If you are just wanting to get the suspension altered, you are not able too.

You are not able to if you plead guilty to the speed that is currently being alleged.
You are able to if you plead not guilty.


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