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#1 | ||
Starter Motor
Join Date: Mar 2008
Posts: 3
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after anyones opinion as to what i can do about a traffic infringment i got early febuary im looking at losing my license for a year! im in south australia
i was just coming out of a shopping centre at around 9 oclock so was just dark and i mistakenly did not turn the swtich for my lights enough on the ba meaning i just had my parkers and fog lights on i didnt realise as i was coming out of a well lit up shopping centre and the dash was lit up because parkers were on. before i was even 100m away from the shops a cop followed me and indicated for me to pull over. he proceded to fine me for 2 things. 1. fog lights on- i didnt know about this rule as it had just came in but i will take that one on the chin 2.drive at night without effective lights-this is the one im trying to fight as its one demerit point also which i do not have. to me it seems like these two "offences" contradict each other. i wrote a letter to expiation office saying the offence was trifling but in response they said no and just mentioned that its my responsibility to have effective lights on. im looking at taking it to court but i just want to know anyone elses opinion as i dont wanna waste my time if i have no chance. thanks for any advice |
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#2 | ||
LIKE A BOSS 351
Join Date: Sep 2008
Location: Gold Coast
Posts: 2,779
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Note to self "Turn Fog Lights Off"
On topic, I reckon you have a decent argument there, it's not rock solid yet you may have some wiggle room assuming that your lights do operate properly. Go and see someone that specializes in these situations, they'll give a better idea of what your up against. |
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#3 | ||
Cuban... nothing like it
Join Date: Dec 2004
Location: Watching in amusement
Posts: 11,643
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Simple question will be asked, what are the other offenses that caused this to tip you over.
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#4 | ||
FF.Com.Au Hardcore
Join Date: Feb 2007
Location: Perth
Posts: 7,066
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If the charge is like WA, it will be having "insufficient lights". As you said, you had your park lights and and you were'nt parked.
If you go to Court you need a defence and I don't think you have one. It does sound a bit stiff getting done for both but about once a month someone here has a whinge about getting done fog lights. Dunno why manufacturers put them on our cars if we can't use them, but there you go. Good luck
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#5 | ||
FF.Com.Au Hardcore
Join Date: Mar 2006
Posts: 2,021
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I have been pinged for parkers on instead of normal headlights in the center of Geelong city. Didn't matter how much I pleaded, he still gave me the fine.
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#6 | |||
Wheel Wally
Join Date: Aug 2008
Location: Ballarat
Posts: 883
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Quote:
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#7 | |||
FF.Com.Au Hardcore
Join Date: Jan 2005
Posts: 1,463
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Quote:
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#8 | ||
Regular Member
Join Date: Nov 2008
Posts: 110
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I thought the law was you can drive with your fog lights + park lights on (at the same time) and that counts as basically having your normal headlights on. At least that what we got told at a safety conference a while back.
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#9 | |||
FF.Com.Au Hardcore
Join Date: Jan 2009
Posts: 1,171
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Quote:
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#10 | |||
BF XR6, oh yeah!!
Join Date: Sep 2007
Location: Melton, Vic
Posts: 1,015
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Quote:
Don't bother with taking it to court unless you have a decent defence, saying 'I forgot' or 'I didn't realize' will not be seen as a decent defence, and more likely you will cop a serve from the magistrate for trying to use it. If you had a clean record you might have stood a chance, but otherwise it's bye bye license i'm afraid.
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#11 | |||
BF XR6, oh yeah!!
Join Date: Sep 2007
Location: Melton, Vic
Posts: 1,015
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Quote:
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Current ride: 2005 BF XR6 Sedan, Lightning Strike, ZF Auto Previous ride: 2001 AUII Futura Sedan, Narooma Blue |
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#12 | ||
FF.Com.Au Hardcore
Join Date: Mar 2006
Location: Adelaide
Posts: 2,343
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If you need your licence for work or other reasons, get a written letter from from boss saying you need to keep you licence for work. Go to court, plead guilty and say sorry.
You will keep you licence. |
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#13 | |||
FF.Com.Au Hardcore
Join Date: Jan 2009
Posts: 1,171
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Quote:
Cheers, Anthony ![]() P.S 200TH POST! WOOO!!!
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#14 | |||
Clevo Mafia Inc.
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Location: Melbourne
Posts: 10,496
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Quote:
Try adding some substance too the next 200. |
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#15 | ||
Donating Member
![]() Join Date: Jan 2005
Location: Morayfield
Posts: 27,873
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I suppose you could argue that you were fined twice for the one offense. The magistrate might reduce it to one offense.
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#16 | ||
Regular Member
Join Date: May 2006
Location: Kiama
Posts: 302
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prob a little off topic to original question, but what is it that makes the "fog lights" on the xr's actually fog lights? is it the position, the direction of the beam or the globe type? is it possible to change either the beam direction or globe type, and have them to be no different to the spotties you can put on your car?
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#17 | |||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Lake Macquarie, Newcastle NSW
Posts: 3,164
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#18 | ||
CANT !!!!!!!!
Join Date: Jan 2009
Posts: 289
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I agree, down to one point on your ticket, you must be dreaming!
Hate the people who drive around with their Bumper lights on (PS "FOG lights" are yellow ![]() BUT, was at the Corio road house the other day and picked up a card for Aussie speeding fines, have not had the need to follow them up yet, but you could try them www.aussiespeedingfines.com, they go on about learning how and why to never pay a speeding or parking fine ever again! ![]() Or email, info@aussiespeedingfines.com You never know :voldar02: If it wasnt that late (DUSK) and you could claim to see fine, and your car was clearly ILLUMINATED to other road users!??? And keep US all updated on how you go with them, I for one would like to beat the REVENUE RAISERS! Go get em ![]()
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#19 | |||
playing in my big shed
Join Date: Sep 2005
Location: miriam vale , qld
Posts: 3,302
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#20 | |||
Regular Member
Join Date: Dec 2006
Posts: 241
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Quote:
yeah good point, if they were to call them spot lights then people wouldnt try argue that its ok to drive around with them on.
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#21 | ||
Donating Member
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Location: Morayfield
Posts: 27,873
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spot lights are wired to only work when high beam is on.
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#22 | |||
Terri Enthusiast
Join Date: Dec 2007
Posts: 95
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Quote:
Back on topic, it depends on your driving history as to whether the court will let you of lightly, I take it that you have racked up 11 points thus far which would really indicate a minimum of three/four decent offenses (3 pointers) or more smaller offenses in a three year period. A Magistrate may not be so lenient with a record like that, still, it is luck of the draw.
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2008 TS RWD 2008 FG XR6T |
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#23 | |||
Donating Member
![]() Join Date: Dec 2006
Location: Melbourne
Posts: 4,523
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Quote:
It's in the lens. A fog light, clear or yellow, throws a wide low beam to go under the fog. A driving light is designed to focus the light beam into the distance. Funny thing is I drove the TS every day for best part of 5 years always with fogs on, no problem. It WAS legal then. The wife's territory has Fog lights that if switched on always have people flash their lights at you. Obviously set up different. Most high end cars of any brand built over the last 10 years have Fog lights as a part of the spec. I have always wondered how that must annoy Queenslanders with 12 months of summer and no fog?
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Oooh baby living in Miami....
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#24 | ||
Cuban... nothing like it
Join Date: Dec 2004
Location: Watching in amusement
Posts: 11,643
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We are getting off topic, back to the original question please
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#25 | |||
Chasing a FORD project!
Join Date: Jul 2008
Location: adelaide
Posts: 5,114
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Heres what you do: because its not something the judge is going to be lenient about, in the sence he's not going to let you off, you cop it. appeal, and 99% of the time, you will receive a restricted licence, enabling you to drive for, i think, 12 months(are you a P plater or??) then, if you incur no points in that time, you go either onto your regular Ps or back to a full licence. in SA its like a get out of jail free card. so many people i know have whinged cos they're licence is getting revoked, then they appeal for it back and they get it back, but with extra provisions. probably the best you can do, as fighting the charges is impossible, nearly.
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#26 | ||
...
Join Date: Dec 2006
Posts: 1,046
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I wouldn't be so sure that you'd get hammered if you take it to court. I sat through a day of local court stuff (traffic etc...) not long ago and the judge was pretty lenient IMO, More than i'd be anyway.
Its not like drinking or speeding that are hot topics, without a few years under your belt you'd be silly to take one of those further, but don't assume you'll automatically be worse off on something like this. As everyone has said though, there's a reason you've collected your limit in points and that might make the difference. |
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#27 | ||
FF.Com.Au Hardcore
Join Date: Jan 2008
Location: Mornington
Posts: 2,135
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Losing your licence for a YEAR for collecting one further point does seem harsh , i assume you must have some serious previous offences in a short time to do that. I am guessing the local constabulary already new your registration number by heart and you have given them the excuse they needed.
Cheers GT450 |
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#28 | ||
Banned
Join Date: Dec 2007
Posts: 3,290
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Take it to court plead guilty for the offence but ask the judge to remove the demerit point on the grounds it was a simple mistake you thought you had your lights on and plead your case the courts get there money and a sorry from you for a mistake you made you keep your licence judges are very reasonable people just look at the sentences they hand out to murderers
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#29 | ||
Starter Motor
Join Date: Mar 2008
Posts: 3
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sorry havent had chance to get on internet cheers for everyones advice even though it seems like its about 50/50 on whether you all think i should take it to court. although being a young p plater im quite sure they will automaticaly see me as a hoon and not even give me a fair chance.
to answer your question i am on my red p's meaning i only have 4 demrit points i got picked up for speeding 16km ovr on double demerit point weekend which i think was over 4 demerit points which made me lose my license i appealed it as i needed it for work so that option is out of the question for 5 years. do you think that is a serious enough offence for them to not even think about letting me off because of my previous record? i honestly did learn my lesson from that first fine. |
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#30 | ||
FF.Com.Au Hardcore
Join Date: Sep 2008
Location: Canberra
Posts: 1,594
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I'm waiting for a letter in the mail.... went past one of them speed vans at about 85-90 in a 80 zone..... kinda dreading finding out :|
Hope it all works out for you mate... fingers crossed.
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