[Samoht]

Got caught driving 116 in an 80 zone moments ago (12:50am) driving my friends E92 M3. Completely my fault and not the police fault, but over 30 kms is lic suspension if I recall correctly.

Thats at Rhodes olympic drive so beware..

[Jeef Beef]

Daaaaamnnnn that's bad luck. I'd take any licence suspension case to court and try get the judge to be lenient. From my experience with being in court observation and helping friends, they tend to reduce the penalty from a month all the way to no suspension at all.

Get some character references, show your clean driving record (if available), and generally present yourself as a productive member of society. Check Section 10 of the Crimes (Sentencing and Procedure) Act for details on how to get off.

This post is not intended as legal advice.

[Samoht]

Thanks, he was hiding in the middle amongst the bushes between the 4 lane highway jumped out like wry car lidar was pointing at me on coming. Did he or could he have even liddarred me head on? Was there even a video??

[Stuart@BMRAutowerkes]

ooh that sucks... I live in Rhodes so I often see them waiting in the middle of the bushes on Homebush Bay drive at night...

Yeh it'll be a 3month suspension and ~$600 fine? and 4points..

Did he show you how fast you were going?
Were you actually going 116 or did he make that up?

[playwithonehand]

Sorry to hear this Samoht, but SHOULD HAVE BE MORE CAREFUL TODAY!
ITS FRIDAY THE 13TH!!!

[Samoht]

I was actually going way faster than 116 km to be honest, everything feels so slow and controllable in a BMW. 80km speed limit on a highway ? Get real.

[Samoht]

Totally forgot Friday 13th date!!

[michaelalex17]

get a lawyer

[Samoht]

Originally Posted by michaelalex17

get a lawyer

Names? Like what, hi go to court for me and make up an excuse?

[playwithonehand]

I once was pull over by police on route to eastern creek go kart.
AT 90 zone was going around 130km.
Then the police pull me over and asked how fast i was going.
I said around 110k.
Then the police said they been following me for around 10mins and that they will just let me go with $280 fine without suspending my licence.

From what i know is that they fine base on +15km and +30km.
So +30km is suspension.

Since then i been driving like a grandma and also when ever i want to speed i will monitor the surrounding for at least 5mins and make sure i am safe then speed for approx 3-5 second then slow down.

I heard in order for them to fine you they need to lock your speed for minimum of 3second.

[Express]

80 kph on a highway????

that is trash at best.

[johnnydad]

Damn, sorry to hear.

Putting myself in your situation, I'm not sure if I'd bother going to court about it unless not using the car would cause you financial hardship. Recent tales of friends in similar situations don't seem to suggest there is much leniency these days - even people with 20 years clean records who need their cars for work.

[Stuart@BMRAutowerkes]

Originally Posted by playwithonehand

From what i know is that they fine base on +15km and +30km.
So +30km is suspension.

The new speeding brackets (in force for about a year now) are:

1-10, slap on the wrist, 1demerit point and $80 or something
11-20
21-30
30-45 $600?? 3month suspension
45+ $1500?? 6month on the spot suspension (meaning you can't drive home)

[Jeef Beef]

Originally Posted by Samoht

Names? Like what, hi go to court for me and make up an excuse?

You're not making up any excuse. You are pleading guilty to your offence but requesting a 'Section 10 unconditional dismissal' from the judge. The magistrate has judicial discretion to let you off if you are of sound character and that your offence is very unlike your usual self. As suggested, get a traffic lawyer.

If you make up an excuse you'll get your ass handed to you in court.

Originally Posted by playwithonehand

I once was pull over by police on route to eastern creek go kart.
AT 90 zone was going around 130km.
Then the police pull me over and asked how fast i was going.
I said around 110k.
Then the police said they been following me for around 10mins and that they will just let me go with $280 fine without suspending my licence.

From what i know is that they fine base on +15km and +30km.
So +30km is suspension.

Since then i been driving like a grandma and also when ever i want to speed i will monitor the surrounding for at least 5mins and make sure i am safe then speed for approx 3-5 second then slow down.

I heard in order for them to fine you they need to lock your speed for minimum of 3second.

Here's some future advice, when cops ask you 'how fast do you think you're going?' IT PROBABLY MEANS THEY WERE NOT ABLE TO TRAP YOUR SPEED for whatever reason. If they had your speed, they wouldn't need to ask you that question. Usually they know you were speeding, but without hard evidence they can't ticket you. This means they'll either need a LIDAR/radar reading or your own confession of guilt.

Therefore, they'll ask the question and bet that most people will underreport their actual speed but the response will be above the speed limit nonetheless. THEY WILL TICKET YOU based on your response.

The best way to answer is 'Sorry officer I'm not really sure.' You have a right to not self-incriminate and that answer is fine. It'll be very likely you'll be let off with a warning if they weren't able to record your speed.

Originally Posted by johnnydad

Damn, sorry to hear.

Putting myself in your situation, I'm not sure if I'd bother going to court about it unless not using the car would cause you financial hardship. Recent tales of friends in similar situations don't seem to suggest there is much leniency these days - even people with 20 years clean records who need their cars for work.

I'm inclined to disagree. If your friends did not structure their case according to the requirements of the Act, then it is very likely they will be ignored. However, with adequate preparation to satisfy all the conditons of s10 (needing car for work is not sufficient at all) then your chance of success is quite good. If the magistrate sees that you have a serious attitude towards your case, he/she will be inclined to be lenient. Get a lawyer who specialises in traffic so they can properly structure a submission.

In 2009, I accomopanied a friend to local court to fight his suspension. He was a green P plater with hardly a clean record, but we spent hours preparing what he was going to say. The magistrate was extremely sympathetic and quashed the suspension. He was placed on probation but at least he was allowed to drive.

This post is in no way intended to be legal advice.

[Samoht]

Super useful guys, I may have found a way! Mechanical failure is not your fault, and the speedo on the M3 have been stuffed for some reason. I will take the car to the mechanic for inspection, no wonder I couldn't really keep track of how fast I was going!!!

End of thread - will post outcome.

[Stuart@BMRAutowerkes]

Jeff your friend got lucky to be honest.

I've been to court (with lawyer) and lost.

[Stuart@BMRAutowerkes]

Originally Posted by Samoht

Super useful guys, I may have found a way! Mechanical failure is not your fault, and the speedo on the M3 have been stuffed for some reason. I will take the car to the mechanic for inspection, no wonder I couldn't really keep track of how fast I was going!!!

End of thread - will post outcome.

instead of trying to challenge it why don't you say you want to challenge it... then ask to postpone the case while you re-prepare your story or something... this whole time you're allowed to drive and then before you know it you'll be overseas and 'serving out your suspension'

[purifyer]

Originally Posted by Jeef Beef

Here's some future advice, when cops ask you 'how fast do you think you're going?' IT PROBABLY MEANS THEY WERE NOT ABLE TO TRAP YOUR SPEED for whatever reason. If they had your speed, they wouldn't need to ask you that question. Usually they know you were speeding, but without hard evidence they can't ticket you. This means they'll either need a LIDAR/radar reading or your own confession of guilt.

On the few times I have been pulled over for speeding they have always asked how fast I was going and then proceded to show me their stupid reading.

Ironically I have only received one ticket in the 335 compared to 15-20+ in older cars

[Jeef Beef]

Originally Posted by bmroxm5

Jeff your friend got lucky to be honest.

I've been to court (with lawyer) and lost.

Not really, he's not the only one I've been with. Other ones weren't as outstanding (reducing 3 month suspension to 1 month have been my other two experiences) which is still a good deal for the court attendance fee. I'm just saying if you're facing a 3 month suspension already, there really is no loss in trying to get the magistrate to exercise their judicial discretion. Section 10 of the Act is there for a reason, and is one of the most used provisions in regards to minor offences.

Of course, it also depends on the magistrate on the day and what mood he/she is in. One of the first things lawyers do is ask who your judge is, and from that they can usually work out whether you're f'ed or not.

Originally Posted by purifyer

On the few times I have been pulled over for speeding they have always asked how fast I was going and then proceded to show me their stupid reading.

Ironically I have only received one ticket in the 335 compared to 15-20+ in older cars

That's extremely unlucky of you, except saying "I'm not sure officer" doesn't harm you in any way. There's no need to incriminate yourself for no reason.

If the cop already has a reading and proceeds to ask you, then I'm not sure what he wants to do there. Maybe trying to see if you admit to a higher speed than he recorded?

[purifyer]

Originally Posted by Jeef Beef

If the cop already has a reading and proceeds to ask you, then I'm not sure what he wants to do there. Maybe trying to see if you admit to a higher speed than he recorded?

I assume they're just on a power trip

[johnnydad]

Good to hear Jeef - and TBH my anecdotal statistics are limited to 5 people who sought expert advice, were contrite, and aside from 1, were in situations somewhat less obviously wrong (e.g. overtaking on country roads, not slowing soon enough coming into a town, in a remote area with no traffic).

Good luck T

[Jeef Beef]

Originally Posted by johnnydad

Good to hear Jeef - and TBH my anecdotal statistics are limited to 5 people who sought expert advice, were contrite, and aside from 1, were in situations somewhat less obviously wrong (e.g. overtaking on country roads, not slowing soon enough coming into a town, in a remote area with no traffic).

Good luck T

My experiences aren't that broad either, but having worked over summer at a crim law firm (there are a LOT of traffic cases) it seems to me that magistrates are more than willing to give you some leeway if you follow the procedure and show utmost respect.