Should I cop it sweet?

[Two dogs]

 
Okay here is the scenario :
Traveling home from work last night 10.30 p.m. ,its a quiet Wednesday night with good conditions
Unbenkonwsed to me I am being followed by a Hwy patrol car through three suburbs
they are hanging back so i didn't know they were there we go through some road works (didn't lane split around the queue then through a 50k zone then on to a three lane section of virtually empty well lit road
All the time I am on or very close to the speed limit.

(by the way 7 days a week 80% of drivers are doing 80 k at peak hour here)
I am on the home stretch and decide to pass a slow car give it a squirt as the road goes down hill.
Bang blue flashing light
Get pulled over 4 points $338 and they recon they are doing me a favour as apparently I was going faster but on paper only 20k over.
The officer said on looking at my record I can apply by letter to not loose points.
I have not had as much as a parking ticket in 24 years and never booked on a bike going back to the 1979
I am a 50 year old father of three no angel but I am not a boy racer hoon
Should I attempt to get this ex sponged and if so HOW
It kind of felt like entrapment , follow any motorcycle and sooner or later they are going to be over the speed limit due to
1 the quick response and power delivery
2 unlike a car where your eyes only have to drop a couple of degrees to the speedo on a naked  upright bike it is closer to 40 degrees and isn't it safer to be concentrating on the road than constantly checking your instruments.
So what do you reckon bend over and take it like a man or contest it?
I am devostated not so much by the fine but the thought of loosing points
as I will need them all one day
dez the road criminal

[dragonworld.]

Yep its a sign of the times, particularly in the Camera state (VIC), is people that havent had a speeding ticket for 10,20,30 years are now a terrible criminal and amassing points hand over fist. (I think from memory around 70-75% of infingements issued are for UNDER 10 k over the limit.  Heinous crime that!? ). Lotsa money to be made from these miscreants. 

Have a chat to that fella (Solicitor) that advertises in AMCN as "The Bikers Friend" and see what he has to say, and whether he reckons its worth writing the letter. 

[vossy]

Sorry to here of your "entrapment" If it was me I'd be on the phone to my lawyer and ask the question. My gut feeling tells me to contest it.

What's this thing about writing a letter not to loose points? Never heard of that here in South OZ.

Good luck which ever way you go.  [moto]

[Betty]

I cannot believe you have the audacity to come on here and say that you are being hard done by ... shame on you  

I agree with your entrapment view. If it was daylight (and visibly a cop car) I am relatively certain they would have given up long before knowing that you were not going to slip up in plain view ... it has happened to me in the past, it doesn't take long before they recklessly speed past you in the hope of finding another unsuspecting victim.

I don't have any experience with these things but at 20km/h over are they likely to offer any leniency or say with your driving record you should know better?

My interpretation of what you are saying is that when you came upon another vehicle travelling below the speed limit you slowed accordingly. The trailing vehicle (who had been following for some time at a safe distance) started tailgating in an intimidating fashion. As it was late at night and you were vulnerably exposed on a motorbike and concerned for your safety you assessed your options and decided the best course of action was to create space. Besides you are experienced enough to know how these things can turn out ... and you, the inncoent party, would more than likely bear the brunt of the carelessness of others. It was the safest thing to do.

How's that? Pretty close?

[vossy]

  case adjourned

[Ita]

I just got done in the car for 112kph (alleged 108kph) in a 100kph zone.   (Camera) 

I have written a letter begging for mercy...   Fingers crossed 

Dez...   I'm not sure what you can do.   Here in Victoria there are guidelines in place where you can apply for an official caution.   Copy of my letter attached.   But you have to admit the offence and fit within their guidlines.   If you deny the offence you can fight it, but I don't like your chances, especially if you admitted it on the night.   Most guys tape conversations these days

Ita

Officer in Charge
Traffic Camera Office
GPO Box 1916
Melbourne 3001

17/11/2009


Dear Sir.

My full name is XXXX, DOB XXXX, I’m the holder of full Victorian Driver’s Licence XXXX expiring 14/06/2015 and I live at Unit XXXXX, Hawthorn, 3122.

I was the driver of a white XXXX registered number XXXX on the 9th of October, 2009, when it was detected traveling at 112kph (alleged 108kph) in a 100kph zone at 1.51pm along the Princes Highway, Pomborniet.

The circumstances of this infringement are a mystery to me as I consider myself to be a safe and courteous driver.   I may have exceed the posted speed limit momentarily whist overtaking a slower vehicle, but have no actual recollection of this particular time.

I have received only one speeding conviction in the last 30 years and that was on a motorcycle 4 ½ years ago.  Having read the guidelines for an official warning I feel the circumstances surrounding this offence fall within those guidelines so as such I respectfully ask to be considered for an official warning in this case.


Kind regards

[mostro900]

Fight it.

I'm just absolutely stunned that we have folks on here with only 1 or 2 speeding offences in 20+ years. 

I know I speed, but wow! I don't bother fighting these things, cause if you print out my record..<insert waiting music>....could be a while!

[signora monster]

Definitely contest it. What have you got to lose? My husband and I have both written a letter for similar circumstances and we were both pardoned. Good luck.

[Ita]

Definitely contest it. What have you got to lose? My husband and I have both written a letter for similar circumstances and we were both pardoned. Good luck.

Down here you have to admit the offence, and then ask for a warning, due to your good driving record and or the circumstances.   If you want to "Fight it/Contest it" get a mouth piece and go to court.   But only do that if you did not commit the offence and you can prove it, otherwise you will be going down a very expensive path

Ita

[dragonworld.]

I make the bastards earn the $$.

1. Take the 28 days right up to the payment date.

2. Ask for an extension of payment date (uusually another 28 days).

3. Then at the end of that, elect to take it to court.

4. Wait for the notification that the Traffic Infingement Notice (T.I.N.) is withdrawn.

5. Wait for court date notification.

6. Court date morning, ring up Court and inform them that you wont be attending due to cant get time off work, cost more to lose pay than the fine.        etc, and apologise to Magistrate. (Keep Sweet with the Beak! ).
    By this time the cop/camera operator is at court and blown their day. A court booking is used up. And you have used their own system to give
    them the shits.   

 You pay a bit extra on the fine for costs, but in 2 cases I had "No conviction recorded" by the Magistrate. (Told you it pays to keep sweet.  . )

All up this precess takes on average 10 to 12 months.    Block the shit out of the courts I reckon. Getting screwed goes both ways

Oh and by the way, in Vicbloodytoria you are regarded as a "Criminal" and attend "Criminal Court" for traffic offences.             

[Two dogs]

UPDATE
I have just spoken to a couple of people
One being a nice bloke called Peter from the office of state debt recovery
Two my mate a good cop from #%&@ up north
Both had the same advice CONTEST IT 
Apparently drivers with a no fine/conviction for 10 years are deemed good guys and will be reviewed so
with a good story oops I mean an accurate interpretation of the truth with right hand on the bible/heart
and very likely be ex sponged .
Also some info from copper mate , when Hwy patrol guy puts on his siren/lights video starts recording with a 30 second pre date of turn on look out for that one.
Also he told me not to take it to court as the Police officer will be called in evidence(they like that like a day off who would blame them a rest from the mean streets)
They will show the footage of me/you going faster than the write up = big trouble.
Oh year and the official un official urban myth of end of month quota ...
High meet this month victim .

[Betty]

Dragon in some respects I agree but the things that worry me are:

. it gives disgruntled coppers more reason to 'make you pay' now, later or via someone else
. adds to administrative costs which they are then pressured into gathering via their 'fundraising activities' but with greater impetus
. ties up the 'criminal system' when resources could be used on 'real' criminals

Careful not to feed the machine of self-perpetuation.

[dragonworld.]

Take yer points Betty ole' Chum, but in this wunnerful State of Exorbitance. There are a whopping more fines issued by the Non Government run Camera System than by the Cops. 

The Plods are generally ok to deal with, but the current system, the "Big Camera System Sausage Machine" just keeps on churning them out. And its just my small way of dicking them around! If everybody started doing it then the Guvmint would start to take notice, be interesting to see if the Libs get in next erection, what their attitude will be?? 

They RECKON they will be fairer and look at the current system BUT.............."How can you tell when a pollie is telling lies.?? His lips are moving!" 

[748s]

This happened in NSW........
I was stopped for 20+ over in a double demerit period.
He wrote a penalty for 10 to 15 over after he did a check on my licence.
I wrote a letter to the Police commissioner asking for a warning because I was a model citizen
Took about 6 months, got a warning, no fine, no points but it is on my licence as a warning for 15 over.


If you go to court you have a 50/50 chance of getting a 'section 10', offence recorded but no penalty (no fine, can't remember if you still get the points).
If you hire a solicitor/lawyer it might cost more than the fine.
Worst outcome is you lose. You pay court costs, was $68, on top of fine.

If you go to court the magistrate could be Pat O'Shane you'll get awarded damages for pain & suffering

[tonymtber]

Yes, its a sad case of the coppers targeting "hoon motorcyclists" !

I've been in the same boat before & it drives you nuts, especially when you know you are doing the right thing & being responsible.  My last bike was a Harley & I've lost count the number of times I've been pulled over for a "license & rego check" in the state of the outlaw motorcycle gang!  Once the helmet comes off & they see that you are not big, hairy & covered in tats they generally realize that youre just out for a ride & enjoy bikes.......it still pisses me off though.

In your case I would fight fight & fight some more & still refuse to pay it on principle!

Good luck!