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QLD No Expiry Date on Infringement Notice - Can I Get Out of It?

Discussion in 'Traffic Law Forum' started by m2316, 7 November 2014.

  1. m2316

    m2316 Active Member

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    Hi guys,

    This is my first post so I really appreciate your help. I was pulled over 2 weeks ago and received two fines, one for driving unregistered, and another for driving without insurance since the rego expired just over 3 weeks ago. Both fines came to a total of $728.00

    When looking closely at the infringement notice, I noticed that the officer did not write the expiry date of the vehicle under Vehicle details. He wrote "Drive unlicensed on road" under the heading Alleged offence details. Then under the Speeding Offences heading he wrote the expiry date of my car. If I can't get out of it I'll pay it, but I'd much rather spend the money to do some renovation work over Christmas. Was the ticked filled out correctly? If not, is that enough grounds under Traffic Law to argue the offence in court? I have attached one of the offences below for reference.

    Thank you for taking the time to read this post and for sharing your thoughts.

    [​IMG]
     
  2. Owens Lawyers

    Owens Lawyers Well-Known Member

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    I can't see how that invalidates the ticket.

    You're better off paying it if you don't have a defence. Did you know it was unregistered?
     
  3. m2316

    m2316 Active Member

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    Thank you for your response. I wasn't aware it was unregistered. I kept the registration papers in the glove box and showed them to the officer when asked. I looked closely with him and saw it was for another car I'd sold only recently. So I thought it was registered until I saw the car on the papers was wrong. Unfortunately the officer was not sympathetic to me at all. A costly lesson learnt.
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi m2316,

    No, that is not enough to get you out of the fines. Clerical errors such as this one is not a defence. It does not go to the heard of the charge/allegation. The department can easily issue another infringement notice with corrected errors.

    If you indeed drove an unregistered car and if the car was indeed uninsured at that particular time, then yes, you are guilty of the offence and should pay the fines. You have no defence. These offences are strict liability offences which means "mistaken beliefs" or any other excuses are not accepted by court.
     
  5. m2316

    m2316 Active Member

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    Sarah, thank you for your response. It will not be a mistake I make a second time. I paid the fines last night.
     

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