VIC Wrong INFRINGEMENT NUMBER on my Infringement Notice

Discussion in 'Traffic Law Forum' started by ClaireLaz, 11 March 2018.

  1. ClaireLaz

    ClaireLaz Member

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    Hi guys,

    I was pulled over for drink driving in Jan. I was 0.063, when I should have been 0.05. Police wouldn't me do a blood test, I reckon I would be under if I had.

    ANYWAY, police handed me an infringement notice. Asked my age. Issued me an infringement that said I'd lose 10 points and get a $476 fine. Fine. HOWEVER, the penalty for blowing a 0.05 - 0.01 reading when you're UNDER 26 years, your license is suspended, you get the points and the fine. Even after asking me my age, the police officer wrote the wrong fine number (i've checked) - the one that's for offenders OVER the age of 26 years - and also crossed out the suspension section of the infringement notice. Note that he wrote the CORRECT date of birth.

    Is this grounds for an invalid notice? What can I do? I don't want to remind people that my license should be suspended, but also believe that the police officer was incompetent. After not allowing me to do a blood test, he told me to "drive home after the lights go away".
     
  2. Adam1user

    Adam1user Well-Known Member

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    Hi,

    To clarify: you say you should have been .05, how do you know that? how did they get the 0.063?

    In my opinion, any admin errors (to call them this) may not stand as your infringement is a serious and dangerous (drink driving, red light, speeding). I think if you raise the issue it will be amended to your situation and will not be considered invalid as explained it is dangerous and as you have heard in the news a high number of accidents have occurred to due to what I stated.
    You can see if the right infringement would be lessor of the two infringements and then ask for it to be amended, or if anyone from their side picks it up, they will send you an amended infringement.

    The infringement issued was written not system generated, right? I think when they enter it into the system, it will be amended to correct infringement as the system will have filtering checks which would pick up errors like this, this is my basic knowledge of IT systems, if not then they have an issue with their system.

    Good luck.
     
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  3. ClaireLaz

    ClaireLaz Member

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    Thanks for replying. Just to clarify, when I said I should have been 0.05, I mean that I am on a full licence.

    Also, more information, I have frequently been calling up to check my demerit points and it hasn't registered that I have lost 10 - however I haven't paid the fine yet (lost it) so I don't know whether it only registers when I pay. Also, I didn't receive any late letters?? When I input the infringement number in online.fines.vic.gov.au it says "the obligation you have entered has been closed with Fines Victoria. The obligation no longer requires any further attention unless the matter has been referred to Magistrates Court". Surely this would say unpaid rather than automatically referring it to Magistrates?

    So confused as to what's happening haha
     
  4. Adam1user

    Adam1user Well-Known Member

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    Then you were above the limit and the difference is not minor, therefore, that is why the police did not perform blood test, if you were near the limit, then the police might do a blood test.
    The points gets recorded when the infringement is paid or determined by the court.
    I am not in Victoria and do not know the reason for what is happening to you, your best bet is to contact them.
     
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