VIC Infringement notice missing checked box. Technicality?

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logularjason

Member
21 January 2018
2
0
1
Hello,

I was booked at 34km/h over the speed limit on my motorcycle, and the officer did not check the box that says:

"(if box is checked) This notice relates to an excessive speed infringement and it will take effect 28 days after the date of this notice as a conviction and -"

She did check the later boxes for 1 month suspension.

I am wondering if this omission may allow me to avoid certain parts of the infringement; for example:

1) Conviction
2) 28 day delay

On point (2), perhaps it could be argued that without the clause being included, notice reads like there is no 28 day delay, and so my term is already almost completed.

Is this defensible, or should I just cop the penalty?

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Clancy

Well-Known Member
6 April 2016
973
69
2,289
A mistake on the ticket may buy you some more time, but you can expect it will not not likely get you out of it.
 

logularjason

Member
21 January 2018
2
0
1
What I meant to ask is: that checkbox is there to record penalty and process. It is unchecked. Does it mean nothing in my situation? If not, how does that alter the infringement terms?

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Clancy

Well-Known Member
6 April 2016
973
69
2,289
What I meant to ask is: that checkbox is there to record penalty and process. It is unchecked. Does it mean nothing in my situation? If not, how does that alter the infringement terms?

In some other countries tickets need to be filled out correctly or they are invalid. In Australia that is not the case, so there is no incentive for police to bother filling out tickets correctly, sorry.