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Old 08-30-2004, 05:34   #1 (permalink)
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Court laws for speeding changed by VIC govt!

My brother went to court the other day over a speeding fine, (he lost his licence), the Judge understood his problem (wife in hospital, clear beautiful day on country road) and would have helped him out by giving him a reduced penalty, or letting him drive to work for example, however he said something like this : "a few months ago the court lost the ability to make amendments to suspensions of speeding drivers. There is now nothing I can do, even though i would like to, as the Govt has changed the law." He said the only thing he can do is to let my brother find a reason that the radar/laser was incorrect, then the whole fine/ suspension would be thrown out. He told my bro to plead Not Guilty at this stage to get further legal advice, but that to do that and win would cost many thousands to test the speed detecting gear. The judge would happily throw out the case then though.... Sadly my bro couldnt afford it so said 'guilty'.

Brax has even changed the courts powers!!!!

This annoys me and everyone i know no end!!!
What this means is that there is no leniency in the court anymore. There is no leniency at all, unless the cop in the 1st place gives you some.

Thanks for nothing Brax!!
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Old 08-30-2004, 05:47   #2 (permalink)
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Re: Court laws for speeding changed by VIC govt!

bastards!!! i hope they all burn in hell.... It's only a matter of time before the motorists stand up and say they aint taking this no more...and i doubt it will be one of those friendly protests, but an all out war...
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Old 08-30-2004, 05:49   #3 (permalink)
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Re: Court laws for speeding changed by VIC govt!

Someone tell me the difference between this and the manditory sentencing so many people whinge about?
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Old 08-30-2004, 07:06   #4 (permalink)
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Re: Court laws for speeding changed by VIC govt!

Certainly sounds like Bracksy wants to limit the court's discresionary powers! And I thought that politics and justice was meant to be independent.

Who wants to kick in some cash for a high court challenge??
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Old 08-30-2004, 07:12   #5 (permalink)
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Re: Court laws for speeding changed by VIC govt!

So Bracks and co see no need to give mandatory sentences to rapists and child molesters, and to let them go without the DoPP appealing for a harsher sentence, yet they change the law for a speeding driver. I suppose there's no revenue in putting rapists in jail.
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Old 08-30-2004, 08:12   #6 (permalink)
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Re: Court laws for speeding changed by VIC govt!

This must have come through because of all the cases being heard at the moment on speeding fines, and most of the licence suspension cases being downgraded so that you can still drive to work and use of car between nominated times etc..

Lord help the person who's trying to get to work to try and make a living and feed his/her family and pay the bills if this is true.

I fought a 1 month suspension a few months ago and got a bond where if I was to get 1 demerit point in the following 12 months, I'd loose my licence for 6 months with no chance of appeal. Still had to pay the fine though :( but that was ok as I wanted to keep my licence. Damn it's hard trying to watch your speed all the time, with 1 point all I have to be is 3 km/h over I think. Still 8 months to go. I cannot believe that the laws have been changed... ..
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Old 08-30-2004, 08:34   #7 (permalink)
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Re: Court laws for speeding changed by VIC govt!

If that happened to me, I'd take them to the High Court of Australia. Bracks can't change anything there - but they can change him! If that somehow failed, the Queen's Court in England can change the whole Australian Government, so off to there we'd go.

Depends on your financial situation though. When someone financially able to do so gets pissed enough, I sure as hell hope they sue Victoria.
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Old 08-30-2004, 13:21   #8 (permalink)
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Re: Court laws for speeding changed by VIC govt!

Quote:
Originally Posted by Steffo
If that happened to me, I'd take them to the High Court of Australia. Bracks can't change anything there - but they can change him! If that somehow failed, the Queen's Court in England can change the whole Australian Government, so off to there we'd go.

Depends on your financial situation though. When someone financially able to do so gets pissed enough, I sure as hell hope they sue Victoria.
So Steffo, you got heaps of money have you ???
Do you know how much that would cost, like a barrister costs like $3000-5000 per hour.
The only way is to get a letter of conformation as to speedo accuracy from the vehicle manufacture.
If speedo is to within 10% from factory, and cameras only allow 3%, may, just may get let off

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Old 08-30-2004, 14:45   #9 (permalink)
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Re: Court laws for speeding changed by VIC govt!

Quote:
Originally Posted by ED Manual
My brother went to court the other day over a speeding fine, (he lost his licence), the Judge understood his problem (wife in hospital, clear beautiful day on country road) and would have helped him out by giving him a reduced penalty, or letting him drive to work for example, however he said something like this : "a few months ago the court lost the ability to make amendments to suspensions of speeding drivers. There is now nothing I can do, even though i would like to, as the Govt has changed the law." He said the only thing he can do is to let my brother find a reason that the radar/laser was incorrect, then the whole fine/ suspension would be thrown out. He told my bro to plead Not Guilty at this stage to get further legal advice, but that to do that and win would cost many thousands to test the speed detecting gear. The judge would happily throw out the case then though.... Sadly my bro couldnt afford it so said 'guilty'.

Brax has even changed the courts powers!!!!

This annoys me and everyone i know no end!!!
What this means is that there is no leniency in the court anymore. There is no leniency at all, unless the cop in the 1st place gives you some.

Thanks for nothing Brax!!
This isn't new. It has been fact for over 5 years. I think the judge was talking BS or was trying to pass the buck! I went through the same thing over 5 years ago. Unless it changed then changed back??
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Old 08-30-2004, 14:52   #10 (permalink)
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Re: Court laws for speeding changed by VIC govt!

Quote:
Originally Posted by normell
So Steffo, you got heaps of money have you ???
Do you know how much that would cost, like a barrister costs like $3000-5000 per hour.
The only way is to get a letter of conformation as to speedo accuracy from the vehicle manufacture.
If speedo is to within 10% from factory, and cameras only allow 3%, may, just may get let off

You have serious reading issues. If you notice my last sentance it says:
When someone financially able to do so gets pissed enough, I sure as hell hope they sue Victoria.

I am well aware of court costs.
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