Hi all.
Ok, so I got two infringement notices, one for speeding (allegedly 70 a 60 zone), and a few weeks later, one for entering an intersection allegedly 0.8 seconds after the right hand arrow turned red (this one I remember, it was a traffic clogged, rush hour, 'traffic at a stop' situation, and I was focussed on the cars, cyclists, pedestrians etc etc). Anyway, these were both accompanied with “using an unregistered vehicle” fines, which I'll refer to as "Fine1", and "Fine2".
I read on the website (Official warnings), under the ‘multiple fines’ section:
In my case, I only became aware that my vehicle was not registered after receiving Fine1. At the time I committed the second offense (Fine2) I was still unaware that my registration had lapsed, thus I did not have the opportunity to rectify the situation.
I paid Fine1, and made a ‘request for a review’ for Fine2 to Fines Victoria (mentioning the above "guidelines"), and asked them to please accept my apology, and request that they please withdraw Fine2 please, but they declined:
“I am satisfied that the alleged offence was committed, and confirm that the issue of the Infringement Notice was justified. Your circumstances have been considered, and in this instance, this offence is considered to be a serious safety related matter. As a result, the issue of an Official Warning Notice would not be appropriate”
I understand this is a cut/paste generic response. They didn't address the guidelines, so I have no indication that they even read/considered what I wrote.
I am tempted to take the matter to court, but I hesitate, because a few months later *sigh* … I made the stupid decision to drive the (unregistered) car again and got another “using an unregistered vehicle” fine. Yes, I know, I know. Anyway, I immediately paid Fine3, and I seek opinions on where I stand now with contesting Fine2 in Court:
School of thought 1:
Forget it. Receiving Fine3 eliminated any image of me as a “fine, upstanding citizen”, and negated my clear driving record for many decades, and always paying my reg (using the stickers system) on time. The Magistrate will question my character, and he will not care that I was a sleep deprived, new dad, mid Covidmania, who had made a series of honest, genuine mistakes.
School of thought 2:
The third offense doesn’t negate the fact that Fine2 was indeed incurred before I was aware there was an issue. Therefore inspite of my now "tainted character", I do have a legal case for disputing Fine2.
Opinions much appreciated.
AP.
ps People tell me "it depends on the Magistrate you get on the day", which is very disconcerting, and seems an indightment on the legal system.
Ok, so I got two infringement notices, one for speeding (allegedly 70 a 60 zone), and a few weeks later, one for entering an intersection allegedly 0.8 seconds after the right hand arrow turned red (this one I remember, it was a traffic clogged, rush hour, 'traffic at a stop' situation, and I was focussed on the cars, cyclists, pedestrians etc etc). Anyway, these were both accompanied with “using an unregistered vehicle” fines, which I'll refer to as "Fine1", and "Fine2".
I read on the website (Official warnings), under the ‘multiple fines’ section:
In my case, I only became aware that my vehicle was not registered after receiving Fine1. At the time I committed the second offense (Fine2) I was still unaware that my registration had lapsed, thus I did not have the opportunity to rectify the situation.
I paid Fine1, and made a ‘request for a review’ for Fine2 to Fines Victoria (mentioning the above "guidelines"), and asked them to please accept my apology, and request that they please withdraw Fine2 please, but they declined:
“I am satisfied that the alleged offence was committed, and confirm that the issue of the Infringement Notice was justified. Your circumstances have been considered, and in this instance, this offence is considered to be a serious safety related matter. As a result, the issue of an Official Warning Notice would not be appropriate”
I understand this is a cut/paste generic response. They didn't address the guidelines, so I have no indication that they even read/considered what I wrote.
I am tempted to take the matter to court, but I hesitate, because a few months later *sigh* … I made the stupid decision to drive the (unregistered) car again and got another “using an unregistered vehicle” fine. Yes, I know, I know. Anyway, I immediately paid Fine3, and I seek opinions on where I stand now with contesting Fine2 in Court:
School of thought 1:
Forget it. Receiving Fine3 eliminated any image of me as a “fine, upstanding citizen”, and negated my clear driving record for many decades, and always paying my reg (using the stickers system) on time. The Magistrate will question my character, and he will not care that I was a sleep deprived, new dad, mid Covidmania, who had made a series of honest, genuine mistakes.
School of thought 2:
The third offense doesn’t negate the fact that Fine2 was indeed incurred before I was aware there was an issue. Therefore inspite of my now "tainted character", I do have a legal case for disputing Fine2.
Opinions much appreciated.
AP.
ps People tell me "it depends on the Magistrate you get on the day", which is very disconcerting, and seems an indightment on the legal system.
