QLD Take Speeding Fines to Court and Plead Guilty?

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sarge017

Member
12 January 2017
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So I got nabbed doing 77 in a 60 zone. The section of road where the incident occurred has previously been signed for 80km/hr speed limits, and 100km/hr before that. The road is a recently upgraded dual carriageway with separated grass/concrete median strip. The cop who got me was parked facing the wrong way, parked in a turning lane obstructing traffic. No other traffic on the 3km stretch of road at the time.

I've already written letters to the Officer in Charge of the Road Policing Unit, Main Roads and SPER (fine enforcement agency): No joy. Apparently, all speeding is a Life Endangering so no leniency for my 10 years good behaviour/never had an infringement in my life.

I'm not worried about the demerit points, but the several hundred dollar speeding fines is quite a chunk out of our families budget (single income/2 young kids).

I've read before that people have taken similar offenses to court, pleaded guilty and had the conviction recorded, but the fine waived.

Is this possible? What kind of court costs could I be up for if I lose/deemed to be wasting the magistrates time?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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To take it to court, follow the directions on the back of the ticket.
Bear in mind that there might be a timeframe in which to do that,
which may have passed.

And yes, all speeding is life endangering.
 

sarge017

Member
12 January 2017
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My question was regarding the possibility of having the fine portion of the infringement waived after pleading guilty, and potential followup court costs. I am not contesting the infringement.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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711
2,894
Sydney
In NSW Traffic Lists, we call this "Pleading Guilty, With An Explanation".

You do that in court.
You plead guilty and then speak to the Magistrate ("make a submission")
as to the appropriate nature and scale of penalty.
This can include having the fine dispensed with.
Unfortunately, "I can't afford the fine" is almost never an effective plea in mitigation.

Much depends on your driving and other criminal history.
If you are a lifelong cleanskin in all respects, then you are better placed
then if you are somebody with a significant history.

Yes, you could lose.
Yes, if you lose, then yes, you will have to pay the fine and some additional court costs.

In any event, you need to "court-elect" the infringement within the time allowed,
otherwise it will proceed as an unpaid fine.

(Oh, and just to be clear, the positioning of the police car is wholly irrelevant)
 

sarge017

Member
12 January 2017
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1
Excellent reply, thank you!

It appears in QLD, from CaseLaw, court costs are usually just under $100, which I do not find unreasonable.

I am curious however what would constitute an effective plea? Leniency for the sake of my prior clear driving history?

Thanks
 

sarge017

Member
12 January 2017
4
0
1
Excellent reply, thank you!

It appears in QLD, from CaseLaw, court costs are usually just under $100, which I do not find unreasonable.

I am curious however what would constitute an effective plea? Leniency for the sake of my prior clear driving history (with nil mention of financial circumstances)?

Thanks