Vicroads demerit points. Victoria No I have not consulted. An infringement notice was issues No court fate Date. I have

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Customer: Vicroads demerit points
JA: What state was this in? And have you consulted a local attorney?
Customer: Victoria No I have not consulted
JA: Was a citation issued? Was a court date set?
Customer: An infringement notice was issues No court fate Date
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have a demerits point extension period
Answered by John Melis in 6 hours 2 years ago
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Customer
Basically I was issues a note from Vicroads saying as of Feb 03 2020 you have exceeded max demerits points for green Ps.
My last offences is on Feb 03 2020 as of that letter.
I was given the option of extended 12 month period or 3month suspension.
I made this decision around 20th of April to take extended period.
Now I received an Infringement notice yesterday 27 April,of an offense on 02 April which has a fine and one demerit point.
Does this affect my 12 month extension period which starts 30th of April 2020.
The rep at vicroads said it may,
The other thing is I made the decision to extend w/o knowing about this new offence, can I argue this for the earlier shorter suspension of 3months ?
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Based on your comments you may have a valid argument to raise.

There are various defences that you can raised to assist in minimising the penalty that will apply.

Some of these defence include sudden emergency, provocation by another driver, road conditions, psychological stresses, mental health and so on.

One of the main supporting factors in running your defence is to obtain affidavits in support of your position as a good driver from people who know that you have a licence. These affidavits are character references to your person. The affidavit should detail that the person who signs it, knows of the penalty that has been raised against you, and that you still hold a good character and the matter in question is an incident that occurred due to unusual circumstances. You should obtain a minimum of three supporting references.

In addition usually when a traffic event happens, there is always a reason for it to occur, and especially when you are on the defensive side you can reduce the penalty level or have it withdrawn completely by providing supporting reports on the road incident through a traffic engineer, who will assess the circumstance and condition of the road relative to the time of the incident. This report will become a key element in your defence.

If you are unable to engage a traffic engineer, obtaining photos of the incident area and then drafting a relevant brief around the incident will help demonstrate what happened as why you took such action.

However, keep in mind, that where you contest a speeding fine in court , and you are not successful in defending the same, the court may increase the fine and/or apply court costs as well for wasting the courts time.

When you decide to contest the fine the key element is to be able to identify whether there is a legitimate reason on the facts if the offence.

Where there are genuine grievance in regard to the fine, then it is worth contesting.

Keep in mind the court will consider some or all of the following points as well.

(a) Offence complete and established in accordance with the standard points of proof;

(b) Admission of offence;

(c) Good driving record as defined;

(d) Poor driving record as defined;

(e) Type of road - dual / divided;

(f) Location (residential / industrial / school / intersection);

(g) Time of day;

(h) Traffic density at time of detection;

(i) Speed zone (e.g. 40 km/h school zone);

(j) Weather conditions;

(k) Safety related offence as defined; and

(l) Previous convictions in the past ten (10) years

Where you choose to contest the fine, this can result in a lengthy and costly process. However, it can be done, but keep in mind where the camera is found not be faulty you may be required to pay associated costs with the producing the camera including court costs.

Keep in mind that the offences are a ‘direct liability offence’. This means that even if you are 1 KM of the speed limit, you are guilty of the offence, unless you can prove otherwise. The reason for this is based on public policy, which is for the protection of all people that use the roads.

Many traffic incidents are defended well by the driver in question and it is just a matter of putting together all the supporting evidence and then preparing your case.

You have a legal right to protect your interests in this situation.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
Sorry, this does not answer my question.
I do not wish to argue the fine, being that I will likely lose.
My issues is I made a choice to take the extension period, while unaware of this new offence, thus I made myself risk a 6 month suspension when I could have chosen 3 months.
My question is can I argue that.
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John Melis, Expert

yes you can, you just need to state your facts in written form explaining the reason why and then they will assess it accordingly

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