Possible License Suspension
#1
Folks,

Advice from people who have knowledge experience will be appreciated.

This querie is about speeding so if your comment is along the lines of
"do the crime do the time", " dont speed ", lecturing etc please dont bother.

On a ride on the OPH and knowing the reputation of the OPH I ride slowly etc.

Turned the right hand corner past the road warrier Cafe that leads to the straight road past the CFA station when suddenly Mr Highway patrol appears from the CFA driveway and pulls me over. Reckons I was doing 96 in a 60k zone and got issued with a ticket.

As if the $800 isn't bad enough I think this is automatic suspension of license for 3 months even with 13 yrs clean license. Apparently this may also affect my insurance.

To those perfect ones out there, yeah I know I should have been paying more attention etc etc etc. Fact is its a country road, no other traffic so no visual clues etc and I simply messed up.

So here are the questions;
Will my license be suspended
Given the overall circusmstances is it worth going to court or is the high level speeding so horrendous that I shouldn't even bother.

Thanks in advance for advice.

Cheers
Reply
#2
Have you ever lost your license before? Do you need your license legitimately for work?

If you have a clean record (no previous major tickets or suspensions) and you legitimately require your licence for your livelihood (the inconvenience factor doesn't count) then you would have a good solid chance of being issues with a section 10 if you go to court, alternatively you may be able to obtain a probationary licence for 12 months with one point to allow you to continue to drive.

Your strongest asset/defence in these ciercumstances is your attitude, and given your original post it seems you have come to terms with the fact that YOU are the one who is responsible and this isn't anyone else's fault (shit like, I didn't see the road sign/my bike was playing up/I had a guy chasing me etc).... This kind of "it wasn't my fault attitude will do nothing other than provoke the magistrate to double your fine and your suspension.

Go to court with the attitude of I stuffed up, I should have been paying more attention, I'm willing to pay the consequences of my actions however I would like to REQUEST that the court consider my circumstances and ALLOW ME THE PRIVELAGE to continue to use my licence.

I have seen it plenty of times... If you don't require your license for work and can do without it for three months if suggest copping it on the chin and learn your lesson.

Ryan
Reply
#3
Don't think they like 36 km /hr over ,very much .


If Wisdom Comes with Age , I'm one of the Smartest Blokes Here
Reply
#4
Take it to court. 13 years of perfect road usage, I think you'll have a good case pleading you admit that you had a moment of poor decision making on a low traffic road, causing no danger to others etc etc...
Reply
#5
Until you pay the fine, it is an allegation...go to court!

Did Mr Highway patrol show you the radar indicating the speed that he alleged you were doing?

Did you admit you were speeding?
Kathy
Rear half of 2000 Red/Grey Busa Smitten
Rear half of 2010 Red BMW K1300 GT Smitten
Reply
#6
Send them a letter first. Explain the circumstances, show the "right" attitude & if you have a really good driving record there is a chance they may drop it. I've had fines dropped by writing letters. Very Happy

If they don't, then court may be your only option - I also have experience with courts . . . but I've never won! Frown
VIC is now 25 over is loss of licence - used to be 30.
NSW used to be 45km over - but I assume that's changed?? Confused
[Image: dbusasml.jpg]
I don't want a pickle . . .
Reply
#7
I live on the Central Coast and ride The OPH. My advice:-

KEEP AWAY ON NICE WARM/HOT WEEKENDS.

Thats all Folks.

If your riding North and want to stop at MT White, vear off the F3, then get back on and take the Petes Ridge Rd turn off. You got a better chance.

The crazy thing is, that this was "once a pona time" a "100" Klm/h rated road. You now have a better chance doing 140Klm/h on the F3 than maybe doing 20Klm/h over the limit on TOPH and getting caught. I can't tell you how many times I get overtaken on the F3 by cars, Dual Cab P platers doing average 35Klm/h over the limit every day and getting away with it, and I am on the Busa just amazed.

" Live the Vision "
Quote "When was the last time You did something for the First Time"
Reply
#8
Steven, I'd ask a solicitor and delete this thread, in the reverse order!
Reply
#9
Yep, showed me the gun but to be honest i was totally stunned and didn't have my reading glasses so took it at face value.

Im kicking myself becaues I was going so slowly..... up until then apparently. Also kicking myself because I didn't "chat" to the guy to see if he would show some discretion. Apart from being stunned I didn't want to aggravate the situation.
Reply
#10
(19-08-2012, 09:59pm)pan Wrote: Steven, I'd ask a solicitor and delete this thread, in the reverse order!

+1
Reply
#11
Steven,

With a clean record like that, I'd be doing what Wardy said (ie: writing a letter pleading for leniency) ASAP!!!

http://www.lawstop.com.au/breaking-news/

If that doesn't work, and your job requires you to have a license (mentioning that in your letter in a very humbling but not overly grovelling style can't hurt, either), I'd be seriously considering challenging it in court! Like pan and Bill mentioned, if you can afford and/or justify it, seeking the advice of a solicitor asap would be a smart way to go with it!!

Mark Stenberg, local bike-riding solicitor, has received great praise from many riders he's helped over the years! Trophy

http://www.lawstop.com.au/

He is VERY familiar with this section of road, & also rides a gixxer thou....so he comes from the very same fine pedigree!! Pi_thumbsup

just curiously.....that 60k speed sign, is it obscured from your point of view Nerd anywhere at all whilst you're travelling towards it (hint hint: grow, surrounding tree foliage >>> GROW!!! Wm)

Try not to feel too down about it.....most of us have been before, or will be in the future, in a very similar situation....it's just the nature of the [busa] beast Pi_freak

Best of luck mate, & let us know how you go with it....


Coolsmiley
Reply
#12
I hope this helps-

I'd say the others were speedin & he couldn't pin it on them -
along came you - ar easy target.

I'd say you were going at the posted speed limit

to keep a look out for any stranded riding buddies
so officer your wrong-

fight it mate..
Reply
#13
I know it may not help at all now, however 36 over is EXACTLY what i got booked doing only 3 weeks ago over St Helena near Byron Bay. 116 in 80 zone. Over took a P plater being a smart arse, bad timing by me, Highway Patrol coming head on :)
Lights and brakes on......I knew it was me, i knew i was gone, i parked at the top of the hill and waited for the highway patrolman, he wasn't impressed at the "every K over is a THRILLER! stocker on my numberplate......
He said pretty much same as yours, 5 points 600 and something $$$ and 3 months suspension.
I admitted i was in the wrong straight away, apologised, didn't B/S him, i asked for No suspension as my kids live in Brisbane and i'm seperated (not a good enough reason to stand up in court regardless of court ordered joint custody)........
He checked my licence, similar to you Steven, i had 7 yrs absolutely clear, he said OK so your not a habitual speeder, gave me warning, 4 points and $417, NO suspension.
I think the fact that i had already pulled over at the top of the hill waiting for him helped, um, i think........

Every (k) over is a THRILLER ! Pi_tongue

2012 AHC BOTY Best Gen 2
2013 VVMC Best Japanese
2013 Australian Hayabusa Show & Shine BEST IN SHOW
2013 AHC BOTY Bike Of The Year Trophy
Reply
#14
Im glad it worked out well for you.

I think my mistake (apart from the speed issue) is I was just struck dumb and didn't talk to the guy. For all he knows I was riding fast all the time and being reckless, not just an oversight trying to catch up to my mates.

Im seething at my stupidity (on both counts)

Cheers
Reply
#15
When the red & blue lights are flashing and an officer is right up in your face it's very easy to feel intimidated to the point of being silent when this sorta shit is going down, Steven.....I've been guilty of the same a fair few times in the past!!

These days when I find myself in situations like that, I much prefer to converse in a very calm and non-confronting way, showing as much genuine remorse as possible......always remember - sincerity, honesty & integrity are the best traits you can ever hope to posess & project......once you have mastered the art of faking those >>> you've got it made in the shade!!! Lol3 Pi_thumbsup Lol3



Coolsmiley
Reply




Users browsing this thread: 1 Guest(s)