VIC Misdescription of Licence Details Traffic Infringement Notice

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Konka

Member
2 January 2018
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Hi, I have received an Infringement Notice from Victoria Police for going 71kms in a 60 km zone. The penalty is a loss of 3 demerit points plus a $317 fine.

The infringement notice does not record my driver’s license number correctly. It is short by one digit. The last digit has been omitted by the police officer. The space is left blank. My name and address are correct.

Does any one know if this omission is fatal? I don’t want to write to Civic Compliance Victoria because all will happen is that the police officer will correct the mistake and re-issue the infringement notice.

The other thing is that I was caught somewhere on Frankston Flinders Road in Tyabb. This is s non metro area and most of the road is 80 kms per hour however in some areas it is 60 kms per hour. The police officer when he stopped me told me I was doing 71kph and what was my reason for speeding. I replied that I thought that it was a 80kph zone. He told me that it was 80 Kph where I had stopped but it was 60 kph where he first detected me by radar from a side street.

Am I entitled to ask for the police office to provide me with the nearest intersecting Street where I was detected so I can work out what the street signs say in relation to the speed limits. I am not familiar with the area and was genuinely surprised that I was speeding. I want to go back and check the area to satisfy myself .

I am happy to go to court and show the magistrate that the Infringement Notice does not record my licence number correctly.

Any advice would be appreciated.
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
Why ask the police? They'll just say it was in x position where limit is 60 kmh.

Better off keeping it vague, do not query the police on the location and introduce some doubt by saying you were pulled over in an 80 kmh zone. Give your testimony and supply photos of the location. Take notes about the trip now while you remember. Road conditions, number of lanes, light/heavy traffic, sunny, rainy, cloudy, time of day, passengers etc. It all helps your credibility in court.

Can't see the incorrect licence number helping at all. Most of these kind of technical loopholes were closed years ago. May confuse VicRoads so they don't apply the 3 demerit points if the licence remains uncorrected. Just depends on the staff processing the fine as to how diligent they are in matching name with licence. I'd imagine (having no practical knowledge in this area) that VicRoads deal with this quite a lot but you might get lucky.
 

Tim W

Lawyer
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28 April 2014
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Petty errors of this kind are not the legal magic bullets
that American TV would have you believe,

And they are certainly not fatal to the validity of the Infringement.
Pay the fine and move on with your life.