VIC Traffic Infringement Notice Withdrawn and then Reissued?

[Team X]

I recently received an infringement notice for travelling 56kph in a 40 kph zone.

I wrote to Civic Compliance Victoria (CCV) and asked for the infringement to either be replaced with an official warning or to withdraw the notice.

My request was based on the following:

*An irregularity with the traffic infringement notice (the date of the offence wasn't recorded)
*Dispute with the reading from the radar gun

Following my letter to CCV I then received correspondence from from Victoria Police notifying me that the infringement notice had been withdrawn.

Subsequent to the letter from Victoria Police I then received another letter from the officer who issued my original offence notifying me of the withdrawal due to their being no date of offence being recorded. However, this letter contained a new infringement notice for the same offence with all the details now filled out correctly.

What avenues are now open to me to have this infringement withdrawn? Clearly my grounds for withdrawal were sound the first time round (I had hoped that would be the end of the matter)?

 

[Tony Danos]

The police may reissue fines as they have done in your case.
They only tend to give warnings when the speed is 0-9 kms over the limit.

 

[Rod]

I had hoped that would be the end of the matter

Ahh, I remember those days ...

I'd have elected court, gone to court and said insufficient evidence, requesting a dismissal or alternatively if the prosecution elects to postpone amd magistrate agrees, seek costs for this hearing.

 

[Team X]

Ahh, I remember those days ...

I'd have elected court, gone to court and said insufficient evidence, requesting a dismissal or alternatively if the prosecution elects to postpone amd magistrate agrees, seek costs for this hearing.

So I played it wrong. I should have gone to court and not written to CCV?

 

[Rod]

Hindsight is always easy

If you can afford the time and effort, then yes. Most times it's easier to pay up and get on with life.

 

[Tim W]

Those petty technical deficiencies are not legal silver bullets
in the way that American TV would have people believe.

Basically, the constable made an error on the original notice.
That error was fixed by the withdrawal of the original notice,
and the issuing of a new infringement for the offence,
in what lawyers call "correct form".

If you are still within time, then you can court-elect it,
but you've got nothing to fight it on.
So, you risk losing, and having to pay the original fine, and potentially court costs.
My usual suggestion at this point is to pay the fine,
make this all be over, and go get on with your life.

If you are no longer within time to court-elect, then you're done.
Pay the fine, make this all be over, and go get on with your life.

 

[Team X]

Thanks all. I paid the fine.