Demerit points and losing my license

[cnnonyx]

Quick question to you all.

1. On Jan 1st this year, I was booked speeding and accumulated 8 demerit points.

2. I had already in the past accumulated 6 demerit points.

3. Therefore, once I paid my new fine, the RTA will send me a letter outlining that I have accumulated 14 points hence my license will be suspended.

4. This happened to me previously. I had 2 options - lose my license for 3 months, or go on probation (1 point for 12 months).

5. This time around, I am waiting for that same RTA letter and decided I will take the probation. I have paid the fine and am waiting for the mail.

6. DISASTER. I was booked on 18 Jan for talking on the phone. And I was using handsfree, but the phone was in my hand while talking on loudspeaker - still copped the fine.

7. Now this is my issue - if I was on probation, I would have lost my license. But technically, I havent signed up for probation yet?

8. What happens now? Do I pay the fine NOW before I get my probation offer? If so, will that affect my offer of probation in any way?

9. What happens if the probation letter has already been sent to me and I pay the fine now, and they deduct the 3 points for talking on a mobile?



You see my problem? I am thinking I have no choice but to fight the fine in court. I will take the 3 points and the fine no problem, as long as I know it is processed BEFORE I am on probation. Otherwise its bye bye license for over 6 months, with no offer of probation.

Help. Oh please help :(

[Northy]

I wont matter when you pay the fine, The offences will be dated when the ticket was issued. If you decide to fight it get a solicitor involved as it will greatly improve your chances.

[daskip]

someone i know up here in QLD was in the same kind of situation

he got caught speeding twice in between loosing all his points and getting the probation period applied

the dept transport in QLD said because the offences happened b4 his probation period got applied that it wouldnt affect his probation ( and it didnt )

may be the same down there but knowing the RTA i doubt it there a bunch of scrooge kents!

[cnnonyx]

I wont matter when you pay the fine, The offences will be dated when the ticket was issued. If you decide to fight it get a solicitor involved as it will greatly improve your chances.

You see Northy - I wont fight it at all, if I know that it wont affect my probation.

But I WILL fight it, if I knew that it WOULD affect my probation.

So you are saying the fine will be dated to the 18th, and therefore, will be before my probationary period, and therefore, I will be safe and still eligible to be on probation?


Cheers for the responses as well.

[Rub]

My suggestion..

Learn from your mistakes, don't speed, and don't use your phone unless it is in a cradle designed for your car...

If you have been on probation before, i dont think they give you another chance...

[BlownLS7]

and i think they have just introduced the death penalty for your exact offence, what a bummer,

LOL


just fight it, there has to be a bit of leeway if you were hands free and just (adjusting the Volumne :)
i say lie cheat beg whatever you can do to keep the probation thing alive,
worse things have been done and people have walked from court,
good luck with it.

[macca33]

I think what you need to do is GROW UP. People like you are the EXACT reason why our road environments are UNSAFE. It is patently obvious that you have no clue as to the responsibility that comes with the privilege of having a licence. Try a pushbike for a while. :jester:

[Northy]

You see Northy - I wont fight it at all, if I know that it wont affect my probation.

But I WILL fight it, if I knew that it WOULD affect my probation.

So you are saying the fine will be dated to the 18th, and therefore, will be before my probationary period, and therefore, I will be safe and still eligible to be on probation?


Cheers for the responses as well.

Your Probation wont start untill you receive the letter from the RTA and elect for the Good behaviour, This is an excert from the RTA site


Good behaviour period
Unrestricted licence holders who receive a Notice of Suspension due to the accumulation of demerit points can apply for a 12 month good behaviour period instead of serving the suspension. This option is not available to provisional or learner licence holders or those already serving a good behaviour period.

A good behaviour election must be made before the suspension begins. If the election is not made before the required date, then the suspension will be enforced. The relevant legislation does not give the RTA the discretion to reissue the suspension notice with a new date or to change a suspension to good behaviour after the suspension period has begun.

Licence holders who accumulate 2 or more demerit points while serving a good behaviour period will be suspended for double the original suspension time.



So as your probation wont start untill you respond to the letter from the RTA you should be ok. In saying that you have been book while being disqualified. It also states that you can incur 2 demerit points while on probation, so what was the points for talking on the phone?

[Hi Octane]

In short, Your ****ed.....

[cnnonyx]

I think what you need to do is GROW UP. People like you are the EXACT reason why our road environments are UNSAFE. It is patently obvious that you have no clue as to the responsibility that comes with the privilege of having a licence. Try a pushbike for a while. :jester:

1. I am grown up.

2. So I got done during a double demerit weekend once in 2007, and once in 2009.

3. I have never been in an accident that was my fault, and am extremely courteous while on the road.

4. I can fight this mobile phone charge if I wish - the phone was not at my ear at all. I learned that lesson many years ago.

5. A bit of bad luck. It seems whenever the needle goes past the limit, a police officer happens to be there.

6. Good for you that you have never ever driven over the speed limit. You are a perfect role model for all drivers on the road, I sure hope that one day losers like me can get some great, safe driving tips from people like you.




Finally, Northy, thanks for that. Very much appreciated for your efforts, you made my day :)

[GODSMACK]

edit - F88k it...

[gen111]

hi,

get use to public transport for while, your gone.

[GODSMACK]

hi,

get use to public transport for while, your gone.

Location: sdyney

Maybe he can lend you his dictionary?

[gen111]

Location: sdyney

Maybe he can lend you his dictionary?

sorry mr perfect

[GODSMACK]

sorry mr perfect

Sorry Mr Perfect. (capital letter and a full stop)

Apology accepted... :jester: Don't sweat the small stuff yeah?

[Chappy]

Quick question to you all.

1. On Jan 1st this year, I was booked speeding and accumulated 8 demerit points.

2. I had already in the past accumulated 6 demerit points.

3. Therefore, once I paid my new fine, the RTA will send me a letter outlining that I have accumulated 14 points hence my license will be suspended.

4. This happened to me previously. I had 2 options - lose my license for 3 months, or go on probation (1 point for 12 months).

5. This time around, I am waiting for that same RTA letter and decided I will take the probation. I have paid the fine and am waiting for the mail.

6. DISASTER. I was booked on 18 Jan for talking on the phone. And I was using handsfree, but the phone was in my hand while talking on loudspeaker - still copped the fine.

7. Now this is my issue - if I was on probation, I would have lost my license. But technically, I havent signed up for probation yet?

8. What happens now? Do I pay the fine NOW before I get my probation offer? If so, will that affect my offer of probation in any way?

9. What happens if the probation letter has already been sent to me and I pay the fine now, and they deduct the 3 points for talking on a mobile?



You see my problem? I am thinking I have no choice but to fight the fine in court. I will take the 3 points and the fine no problem, as long as I know it is processed BEFORE I am on probation. Otherwise its bye bye license for over 6 months, with no offer of probation.

Help. Oh please help :(

How much over the speed limit were you to get 8 points?

Ken.

[bush_basha]

4 points incurs at over 20km/h. theres no point fighting it in court, even if you were holding it in your hand thats still using your mobile phone

[SSZ Ute]

6. DISASTER. I was booked on 18 Jan for talking on the phone. And I was using handsfree, but the phone was in my hand while talking on loudspeaker - still copped the fine.



Still copped the fine? So you should have, you were breaking the law!

300 Use of mobile phones by drivers (except holders of learner or provisional P1 licences)

(1) The driver of a vehicle (except an emergency vehicle or police vehicle) must not use a mobile phone that the driver is holding in his or her hand while the vehicle is moving, or is stationary but not parked, unless the driver is exempt from this rule under another law of this jurisdiction.
Maximum penalty: 20 penalty units.


(2) In this rule:
mobile phone does not include a CB radio or any other two-way radio.

use, in relation to a mobile phone, includes the following:

(a) holding the phone to, or near, the ear (whether or not engaged in a phone call),
(b) writing, sending or reading a text message on the phone,
(c) turning the phone on or off,
(d) operating any other function of the phone.

[Glenn@Autowerks]

I think what you need to do is GROW UP. People like you are the EXACT reason why our road environments are UNSAFE. It is patently obvious that you have no clue as to the responsibility that comes with the privilege of having a licence. Try a pushbike for a while. :jester:

Thats it, I know a few lately that break the rules then complain about it. Obey the law and you'll be ok - simple :)

[jc_sv8]

You realise that speaking on the loadspeaker while holding the phone in your hand is not hands free it's head free.

You're better off getting a Pat Cash headband to hold your phone, that way you will certainly be HANDS FREE...

[hotvp]

I think what you need to do is GROW UP. People like you are the EXACT reason why our road environments are UNSAFE. It is patently obvious that you have no clue as to the responsibility that comes with the privilege of having a licence. Try a pushbike for a while. :jester:

^^ Like he said....

[Devil CV8]

(b) writing, sending or reading a text message on the phone,
(c) turning the phone on or off,
(d) operating any other function of the phone.

I'm glad I use the blackberry then, especially for reading emails as it isn't a phone.:)

[M&Ms]

Lots of people here drilling the offender, but I actually feel sorry for you. You're more a victim of our heavy-handed policing and revenue-raising policies in this rediculous state of ours. Go fight it in court, get some references, and explain to the magistrate the difficulty you will incur in losing your licence (Job, health, sick aunt, etc...). Knowing of a few people who've lost their licences (thankfully I'm not one), I can tell you the difficulty you will have doing 'normal' things which you now take for granted. Like I said, I sympathise with you and think the road rules (especially this double points crap they have over holidays) are getting rediculous just to cater for the lowest common denominator in our society.
Good Luck, and watch out for those speed cameras (or buy a 10-sec GTR and outrun those boys in blue)....

[OscarTheGrouch]

Lots of people here drilling the offender, but I actually feel sorry for you. You're more a victim of our heavy-handed policing and revenue-raising policies in this rediculous state of ours. Go fight it in court, get some references, and explain to the magistrate the difficulty you will incur in losing your licence (Job, health, sick aunt, etc...). Knowing of a few people who've lost their licences (thankfully I'm not one), I can tell you the difficulty you will have doing 'normal' things which you now take for granted. Like I said, I sympathise with you and think the road rules (especially this double points crap they have over holidays) are getting rediculous just to cater for the lowest common denominator in our society.
Good Luck, and watch out for those speed cameras (or buy a 10-sec GTR and outrun those boys in blue)....

Sorry, but... bullshit.

20kms over the speed limit = no, not a victim of heavy handed policing. Completely fair cop.

20kms over the speed limit on a double demerits weekend - victim of own stupidity.

Talking on the phone while driving, on speakerphone or not = no, not a victim of heavy handed policing. Completely fair cop.

If it was < 10kms over the limit or you'd been booked for some technicality I'd have some sympathy but sorry, you did the crime, you do the time. Or fight it, if you like, but good luck because I doubt you'll get much sympathy from a magistrate either.

[BlownLS7]

so many holier than thou wankers on this site, why dont you form a group,
dont any of you Magnifecent people make mistakes? not allowed to make an error? at least he didnt have a gut full of piss as well.
get a grip

fair cop you say? how the hell do you know? most of them are C.... including some of the tossers on here,

your name explains your post. go get a Happy meal for you and inspector plod.

cheers




Sorry, but... bullshit.

20kms over the speed limit = no, not a victim of heavy handed policing. Completely fair cop.

20kms over the speed limit on a double demerits weekend - victim of own stupidity.

Talking on the phone while driving, on speakerphone or not = no, not a victim of heavy handed policing. Completely fair cop.

If it was < 10kms over the limit or you'd been booked for some technicality I'd have some sympathy but sorry, you did the crime, you do the time. Or fight it, if you like, but good luck because I doubt you'll get much sympathy from a magistrate either.

[M&Ms]

So we can criticise Asian countries for what we deem unfair laws in letting terrorists free but imprisoning / executing western drug trafficers.
Yet in this country, you can assault your wife and neighbours on at least five occassions and still be free to roam the streets, or break into someones house, or run a drug ring, and cop a slap on the wrist by our legal system, yet heaven forbid you get caught doing 20 kays over the speed limit on a freeway or holding a telephone using the loudspeaker to speak to somebody, and you cop the wrath of the system, get put on by the police / forum-nobodies for being irresponsible, etc, and have to go without a licence, potentially losing your job and definately losing your freedom.
OscarTheGrouch, can you tell me where the fairness is in that, coz I just can't see it!

[OscarTheGrouch]

so many holier than thou wankers on this site, why dont you form a group,
dont any of you Magnifecent people make mistakes? not allowed to make an error? at least he didnt have a gut full of piss as well.
get a grip

fair cop you say? how the hell do you know? most of them are C.... including some of the tossers on here,

your name explains your post. go get a Happy meal for you and inspector plod.

cheers

Sticks and stones mate... sticks and stones.

I have made plenty of mistakes. One thing I didn't do - blame the cops and cry about it. What I did do was modify my behaviour. Guess what - you tend to get less tickets when you behave yourself.


So we can criticise Asian countries for what we deem unfair laws in letting terrorists free but imprisoning / executing western drug trafficers.
Yet in this country, you can assault your wife and neighbours on at least five occassions and still be free to roam the streets, or break into someones house, or run a drug ring, and cop a slap on the wrist by our legal system, yet heaven forbid you get caught doing 20 kays over the speed limit on a freeway or holding a telephone using the loudspeaker to speak to somebody, and you cop the wrath of the system, get put on by the police / forum-nobodies for being irresponsible, etc, and have to go without a licence, potentially losing your job and definately losing your freedom.
OscarTheGrouch, can you tell me where the fairness is in that, coz I just can't see it!

Hey M&Ms - everyone knows the rules on speeding and talking on the phone while driving. If you still do it and you get caught, it's not 'unfair' - it's just your own dumb fault for doing it and getting caught.

The rest of your post is really quite irrelevant, I'd love to see the cops out there catching more bad guys, more bad guys thrown in jail, and I'd love to see higher speed limits and better roads, but guess what.... the rules we got is the rules we got. You won't change them by getting caught then bitching about it.

Somebody better call the :wambulance:

[jc_sv8]

Somehow I don't think you're safe, I got a mate that works at Telstra who got ping'd on his crackberry - $250.

[1BEAST2NV]

Custom exhaust = illegal
Dark tint = illegal
Cam = illegal
mafless tune = illegal

there's plenty of shit we do thats "breaking the law" but we do it anyway cos we want to.....everyone knows the risk involved but they take that chance and do it anyway...

and in this case, same goes, you KNEW it was illegal/breaking the law, but you did it anyway....so at the end of the day you got NO-ONE to blame but your self.....

Speeding = breaking the law BUT we ALL do it now and then, its just a matter of weather you get court or not!!!!! ....this time you lucked out...

Talking on the phone = Breaking the law BUT some ppl do it anyway, its just a matter of weather you get court or not!!! .....Next time you wont hold it high enough for the plod to see....OR get bluetooth SIMPLE....

just cop it on the chin.... you ****ed up and got court THIS time, maybe next time you be more smart about it....

THE END

[cnnonyx]

Point of this thread was to see where I stand, in the sense of losing my license. I was more interested in time frames, and whether my new offence would affect probation. It was explained to me early on in the thread, by someone helpful. Therefore - point of thread = success.

As for grilling me for getting jacked, fair enough - but I am not crying about it. When I was pulled up on double demerits on Jan 1 for speeding, I took it ok. I was burning about it, but really couldnt say anything, was polite to the officer, knowing full well I was in the wrong.

He clocked me at 81 in a 50 (and there was a reason - I pulled out of a small corner store shopping carpark on a quiet road which happened to have a lot of cars at the time, and I pressed the gas a bit to merge into the road from the side lane ... I wasnt just hooning). I broke the law, the cop had to wait to do a u-turn to pull me up. I stopped well in advance, was polite, and he fined me at 79 instead of 81. Otherwise I would have lost it on the spot, so I was grateful.

The phone thing, I was a little upset about it, and the way the officer treated me. He was an a**hole, didnt want to even hear a word from me, not even my reasoning, just was a real prick about it. I didnt know that the loudspeaker would get me done, hence a little bitterness about it all.

But I copped it, and like I said, I am fine to pay it etc. - the laws the law. I only said that I would fight it IF AND ONLY IF it meant my probation was affected. I have no choice, if I want to keep my license, at a probationary level.

I didnt say that I was unfairly treated anywhere in any of my posts. Sure, I was upset, as anyone would be, and felt a little hard done by when I have seen on multiple occasions people blatantly jabbering away with the phone in their ear, only to have a cop put his siren on for a short blast to 'warn' them. But fair enough, I got done, I got done.

I'm sorry to anyone here, if they are disappointed that I didnt get the electric chair.

[cnnonyx]

Custom exhaust = illegal
Dark tint = illegal
Cam = illegal
mafless tune = illegal

there's plenty of shit we do thats "breaking the law" but we do it anyway cos we want to.....everyone knows the risk involved but they take that chance and do it anyway...

and in this case, same goes, you KNEW it was illegal/breaking the law, but you did it anyway....so at the end of the day you got NO-ONE to blame but your self.....

Speeding = breaking the law BUT we ALL do it now and then, its just a matter of weather you get court or not!!!!! ....this time you lucked out...

Talking on the phone = Breaking the law BUT some ppl do it anyway, its just a matter of weather you get court or not!!! .....Next time you wont hold it high enough for the plod to see....OR get bluetooth SIMPLE....

just cop it on the chin.... you ****ed up and got court THIS time, maybe next time you be more smart about it....

THE END

Sums it up really, my thoughts on the issue as well.

The stupid VE and the stupid blackberry just dont want to meet up when they are switched on :)

So maybe I can pass the fine on to Holden because the car wont hook up to the blackberry? What do you guys think?











I joke, just in case some of you really serious fellows fell for it.

[hyperss82]

Same happened to me I was on probation got done once going under 10kms 6 month loss of licence I should have taken 3 month option bit the bullet and realised what I did was wrong,also I kept driving while suspended got done lucky it's been 4 months and no fine get licence back 27 feb can't wait but I will be a different driver

[jc_sv8]

Good luck either way, I don't think they will give you the chair!

[1BEAST2NV]

I think you'd prob have no chance passing it to holden.....BUT if its a near new VE ( under warrenty) id make them fix it under warrenty, why have something on a car if it dont work...

good luck anyway...

[Mad4Monaros]

Good luck with it dude, I've lost my license before and it really opened my eyes and changed the way I drove.

[OscarTheGrouch]

Good luck to the OP. I certainly wasn't having a crack at you with my posts earlier - more the people who seem to think it was all someone else's fault - you seem like you have a good attitude about it for the most part. And yes some cops are arseholes and don't give you a chance to explain, but having said that the rules are pretty black and white re: phones and driving. But it's not the cops job to be our parents, they're there to enforce the rules - it gets my back up when they put on the big tough agro act too - just book me already and get on with it.



I think you'd prob have no chance passing it to holden.....BUT if its a near new VE ( under warrenty) id make them fix it under warrenty, why have something on a car if it dont work...

good luck anyway...


Sadly, Bluetooth can be a bugger of a thing - it was originally 'supposed' to be a universal standard that would work for all brands of phones etc, but now it does so many other things other than just hands free that it doesn't quite work that way. Factory kits are often bad for it, and are only tested and guaranteed to work with certain makes/models of phones.... often they will work with other models but performance isn't guaranteed. There might be firmware updates available for the kit that will improve things though.

[GODSMACK]

so many holier than thou wankers on this site, why dont you form a group,
dont any of you Magnifecent people make mistakes? not allowed to make an error? at least he didnt have a gut full of piss as well.
get a grip

fair cop you say? how the hell do you know? most of them are C.... including some of the tossers on here,

your name explains your post. go get a Happy meal for you and inspector plod.

cheers

Thats pretty much what i said on page 1, then edited it to "F**K it"..

I agree with you 100%. I laugh at the LS1 bandwagons.. People here carry on like they have never broken the law... Speeding, even if you dont get caught, is still breaking the law..

How many on here have illegal mods, and yet i bet they are the ones acting holier than thou...

So all you guys out there who have gone over the speed limit, even by 1km/h, its breaking the law, please read Macca33's comment, coz clearly your all idiots and need to grow up!