Attn: Lawyers and Police and others that can help

**Big Dan** · 31st March 2009, 15:26

I was pulled over for speeding on the 21st Feb and given ticket which is all good i deserved it after all i did break the law by speeding but i noticed on the ticket that the Very nice Constable ( he was a nice chap) had forgotten to circle the demerit points so i'm thinking "hey he is being nice"

Now just recieved the reminder notice in the mail regarding this and notice that the demerits have been put on the reminder notice and i've just called up the Police infringement Bureau and to be told that the ticket that i Constable gave "Isn't a Legal Document" and that the reminder notice "Is the legal Document"

My understanding was that ALL PENALTIES that you get in regards to the ticket should be explained in full to me while the officer is issuing me the ticket.

What is my legal right here?

Makes you think thou how many ppl get the ticket and then pay it the next day without getting a reminder notice and then get suprise's down the track cause theres been no cause for them to get the reminder notice oops i meant "Legal Document"

Any Advice would be greatly recieved Thank you

**Disco Dan** · 31st March 2009, 15:30

Should you really be plucking at straws when you did, after-all break the law? That is the system, why can you not just accept your responsibility to keep in line with the laws?

**Mom** · 31st March 2009, 15:31

I had a discussion regarding the demerit points that came with my last speeding ticket, 113k in a 100 zone attracts 20 points, with the cop that issued it to me on the side of the road. He agreed that it was silly to get points for such a trivial speed over and did not circle the points on the ticket. Still got the suckers though.

**Tank** · 31st March 2009, 15:32

Originally Posted by Big Dan

I was pulled over for speeding on the 21st Feb and given ticket which is all good i deserved it after all i did break the law by speeding but i noticed on the ticket that the Very nice Constable ( he was a nice chap) had forgotten to circle the demerit points so i'm thinking "hey he is being nice"

Now just recieved the reminder notice in the mail regarding this and notice that the demerits have been put on the reminder notice and i've just called up the Police infringement Bureau and to be told that the ticket that i Constable gave "Isn't a Legal Document" and that the reminder notice "Is the legal Document"

My understanding was that ALL PENALTIES that you get in regards to the ticket should be explained in full to me while the officer is issuing me the ticket.

What is my legal right here?

Makes you think thou how many ppl get the ticket and then pay it the next day without getting a reminder notice and then get suprise's down the track cause theres been no cause for them to get the reminder notice oops i meant "Legal Document"

Any Advice would be greatly recieved Thank you

Unless you are about to lose your license and you need it - its not going to be worth the fight.

Even if you are about to lose your license - the odds of pulling this off are not high.

**Tank** · 31st March 2009, 15:32

Originally Posted by Disco Dan

Should you really be plucking at straws when you did, after-all break the law? That is the system, why can you not just accept your responsibility to keep in line with the laws?

'coz this is KB

**Big Dan** · 31st March 2009, 15:37

Originally Posted by Disco Dan

Should you really be plucking at straws when you did, after-all break the law? That is the system, why can you not just accept your responsibility to keep in line with the laws?

Can you not read i did say at the start that i did deserve it

Originally Posted by Tank

Unless you are about to lose your license and you need it - its not going to be worth the fight.

Even if you are about to lose your license - the odds of pulling this off are not high.

I'm not going to fight it cause i know i'm in the wrong i was just curious about the legal stand point of this

**Disco Dan** · 31st March 2009, 15:46

Originally Posted by Big Dan

Can you not read i did say at the start that i did deserve it

I'm not going to fight it cause i know i'm in the wrong i was just curious about the legal stand point of this

Legal stand point? ...pay your fine and dont speed again.

**Ixion** · 31st March 2009, 15:50

Originally Posted by Big Dan

Can you not read i did say at the start that i did deserve it

I'm not going to fight it cause i know i'm in the wrong i was just curious about the legal stand point of this

legal stand point? There isn't one. Cop's under no obligation to explain anything to you, and whether he circles anything on the ticket makes no difference. Demerit points are set by law, such and such a speed, so many points, not the cop. Only thing he has to determine is the alleged speed.

**Tank** · 31st March 2009, 15:57

Originally Posted by Big Dan

I'm not going to fight it cause i know i'm in the wrong i was just curious about the legal stand point of this

You ask for 'your legal standpoint' and ask for advise.

Sure sounds like you were going to fight it if you could have got a quick and easy win.

**Usarka** · 31st March 2009, 16:03

Backed up by a recent experience, IMHO the cops make it sound sweeter at the time either because they don't want an attitude or some other reason, knowing full well you're going to be done for more than what they let on at the time.

Arse biscuits.

**HenryDorsetCase** · 31st March 2009, 16:47

Originally Posted by Big Dan

I was pulled over for speeding on the 21st Feb and given ticket which is all good i deserved it after all i did break the law by speeding but i noticed on the ticket that the Very nice Constable ( he was a nice chap) had forgotten to circle the demerit points so i'm thinking "hey he is being nice"

Now just recieved the reminder notice in the mail regarding this and notice that the demerits have been put on the reminder notice and i've just called up the Police infringement Bureau and to be told that the ticket that i Constable gave "Isn't a Legal Document" and that the reminder notice "Is the legal Document"

My understanding was that ALL PENALTIES that you get in regards to the ticket should be explained in full to me while the officer is issuing me the ticket.

What is my legal right here?

Makes you think thou how many ppl get the ticket and then pay it the next day without getting a reminder notice and then get suprise's down the track cause theres been no cause for them to get the reminder notice oops i meant "Legal Document"

Any Advice would be greatly recieved Thank you

there is a saving provision to the effect that minor screwups in the paperworkd dont invalidate the infringement notice.

The offence for which you will be convicted is "exceeded 100kph" (or whatever). The penalty is set out in the statute/appropriate regulations: at Y speed, the penalty is $X fine, and Z demerit points". So notwithstanding the potential deficiencies in the notice, unless you plead not guilty, and are subsequently acquitted of the offence. (which you've just admitted, and probably admitted to the po po who stopped you) then all the mandated penalties for the offence stand.

Short answer: You're fucked, pay up.

**Patch** · 31st March 2009, 18:37

Originally Posted by Ixion

legal stand point? There isn't one.

exactly - you got caught, now swallow.

**awayatc** · 31st March 2009, 18:52

Originally Posted by Disco Dan

Should you really be plucking at straws when you did, after-all break the law? That is the system, why can you not just accept your responsibility to keep in line with the laws?

Coz boundaries are there to be pushed...
Never take anyhing just meekly bending over.....
we'r not sheep!

Unfortunately there doesn't seem to be much that can be done in regards to the original question.....
Shame....

**Patrick** · 2nd April 2009, 15:20

Originally Posted by Big Dan

...
What is my legal right here?

...Any Advice would be greatly recieved Thank you

It's in writing, on the ticket aleady.....

The bit where it says, "If speed is exceeded by xxkm, the demerits is xx points......" or words to that effect....

The ticket advises you of "all penalties" so I don't know what your point is....

I never circle anything. It's there, in plain english....