A Day in court...

In Victoria I think there is a mechanism for having demerit points reviewed if
you accumulate enough to trigger a licence suspension. That review however I
believe is limited to reviewing calculating how many demerit points you have
accumulated and determining if the correct number of points have been
allocated to you.

....although I do recall one case which was reported in the media but I can't
remember the exact details. A driver lost his licence because of accumulated
demerit points, then challenged the validity of his suspension. He claimed
that some of the points were accumulated via speed camera fines which were
sent to him because he was the registered owner of a car, but someone else was
driving the car. He said that he didn't bother going through the process of
nominating a different driver because he didn't expect to accumulate 12
points. He just collected the money for the fine from the real driver and
paid the fine himself. From memory he was successful in getting his licence
reinstated and the points allocated to another person... but like I said, I
don't remember the exact details or how he appealed this. I'm guessing if
everyone started doing this they'd legislate against it, so he may have been
lucky just being the first person to find a loophole in the law to have points
changed after the fact.

Nev..
'03 ZX12R

 

On Wed, 05 Jan 2005 00:25:02 +1100, Nev.. wrote:
Snippity>>

That's not a review.
It's a farce.
Please get your terminology correct

<<Snip.

 

Think outside the box. If you hand in your licence they can't give you
demerit points.

Nev..
'03 ZX12R

 

That's not true at all. The Magistrate either finds the offence
proved, or dismisses the charge. If he finds the offence proved,
the Magistrate is not responsible for the allocation of points.
This is done solely by the RTA.

Spooky

 

Then how do you explain my mate going to court after getting a ticket alleging
50kph over, and being found guilty of exceeding the speed limit by 10kph? He
was actually doing the alleged speed, but his mouthpiece managed to get the
two cops who gave evidence to contradict each other and earn a stern word from
the magistrate about telling lies in his courtroom.

Nev..
'03 ZX12R

 

If the "exceed speed limit" offence is proved, the original
allegation by the Police stands. Therefore, the RTA
deduct points appropriately.

Spooky

 

That's not NSW. It must be Vic. In any event, don't believe
everything your "mates" tell you.

Spooky

 

'cos everybody knows that cops in NSW don't lie, right?

G

 

Yes, in Victoria, and apparently we shouldn't believe everything a cop says
either. Which bit of my mate's story shouldn't I believe? I saw the original
penalty notice, I know the third party who delivered the notice of intention
to defend the charge to the police or whoever the go to, I know the reason why
he was challenging the matter - which is the same reason why the magistrate
believed him and not the police, because they told the same lie in court which
they told him at the side of the road when they stopped him for speeding - and
I know he didn't lose his licence for this offence.

Nev..
'03 ZX12R

 

LOL How many times has that phrase been launched at you.

Just to set the records straight to the never ending
streams of morons that continue to use it:

neither do:- nuns, priests, doctors, comedians, drivers,
politicians, solicitors, muthers, farders, engineers,
fisho's, market gardeners, jackaroos, jillaroos,
potaroos, etc, etc, etc.

If you believe that, you'll believe anything.

Bugger, gotta x-post (I think), so GB gets it.

 

Very unusual the lie remained so consistent from roadside to court.
Usually the special bullshitting is held over for court.
So the cops were liars AND stupid.

 

I don't believe any of it actually. The thing is, as you said above,
"he was actually doing the alleged speed, but......" So, you're friend
went to Court and lied. Not the Police.

how do you know all this? Were you actually there, or are you
going on what your mate "told" you.

Spooky

 

On the contrary, it sounds like the cops told the truth, but the
peanut lied in Court. Testimony from Nev, that his friend was
actually doing the alleged speed. In other words, he went to
Court, lied by saying he wasn't speeding, and got convicted
anyway. The system works.

Spooky

 

He may have lied, he may not have. You weren't there so you don't know what
transpired.

I'm going on better information than you, but you seem to think you know more
about it than me. The facts stand, so I don't know why you are trying to
pretend that it never happened.

Nev..
'03 ZX12R