Is this worth contesting?

[Tre-Cool]

Was up north for work last week driving between newman and tom price and got nabbed for speeding in the hire car. (i wont go into the fact this road can be safely traveled at much greater speeds but meh...)

from the ticket:
Detected speed = 125/110 zone
alledged speed = 123/110 zone

Now the copper has put Prescribed penalty as $150 and 3 demerit points and after just checking the following website (http://www.officeofroadsafety.wa.gov.au/penalties/speed.html)

The actual penalty is only 2 points. Now while i realize this is a bonus for me.

Can I contest the fine or at least make sure they don't hit me with 3 demerit points and if they do, i.e they have fucked up and put the incorrect amount of demerits can get it completely squashed.

Thoughts idea's? im a little pissed about it, as i've only had 1 demerit infringement on my license for the last 3 years.

[S133LTR]

ive been told by more than one dog that points are a matter of the indvidual c(nts discretion and then had others leave it blank so that you get the normal penalty.

[thommo]

icant see how a cop can just choose how many he wants to give out. what ever the law states is what you should be getting. contest it, dont tihnk anything bad could come of it. if anything you'll only get hit with the 2 points instead

[Wilko]

Contest it. Your not going to get a greater penalty, and appart from having to take the day off work the cost to do so is not that big.

[Tre-Cool]

I'm pretty sure that i will only get hit for 2 points, as the ticket itself does say, demerit points are indicated as a courtesy advice and may not be exactly as prescribed.

If the legislation says anything over 9kmh but no more then 19kmh = 2 points, 150$ fine, then that is what i should get. no more no less.

But if they do try and hit me up, i will take them to court. They cannot have the penalties written for something if they enforce what ever they like.

[Rhys]

Exactly right Dave, you will only loose wat the law says not wat the fine says, as they cover themselves with that comment

[S133LTR]

FCUK so extra points are a bluff??!!
ive have been soooooooo shafted im shattered.

if you appeal can the cops then come and produce statement to say why they felt extra points were justified? (not that they would in the case just interested)

[Dr_Twist]

The fines for these Offenses are Considered the Maximun for them, They can no give out more then the Maximun, It is illegal to do so.

[FranZ]

I believe they can lower the demerit points, but not raise it above the maximum as said by law.

I got done for fog lights year when it was a 3 point fine, I only got done 1 point as that is what he put on my fine.

[Onijin]

It's often a case of the cops getting the number of points wrong, especially when penalties change fairly often or during a kneejerk reaction by the government when something happens on the roads.

But, the computer system will make a note of the fine via the offence code (the 4 digit number beginning with 26 for speeding offences, so it'd be 2601 if I remember right) and when it occurred, and then amend it to the correct number of points when it's been verified and processed. The number of errors I picked up that officers made when I did a short contract with them didn't surprise me, to say the least (in-between deciphering the semi-Arabic that passes for their general handwriting).

[Tre-Cool]

It's often a case of the cops getting the number of points wrong, especially when penalties change fairly often or during a kneejerk reaction by the government when something happens on the roads.

But, the computer system will make a note of the fine via the offence code (the 4 digit number beginning with 26 for speeding offences, so it'd be 2601 if I remember right) and when it occurred, and then amend it to the correct number of points when it's been verified and processed. The number of errors I picked up that officers made when I did a short contract with them didn't surprise me, to say the least (in-between deciphering the semi-Arabic that passes for their general handwriting).
Code is 2302

[BOSS 290]

Seek legal advise if the infringement is of concern to you. What was their detection method? Lidar or radar?

[Tre-Cool]

radar from the moving car.

[BOSS 290]

radar from the moving car.

Elect to go to court. The Decatur Genesis 2 is the most unreliable p.o.s. in service :lol: , very inaccurate. See link.

http://www.australianradar.com.au/news_article.php?id=33

[Onijin]

Code is 2302

Ah, knew it began with a 2.

Though I think it should be 2301, as if I remember right, 2300 applies to 1-9km/h over the limit, then 2301 is 10-19km/h over up to 2304 which is 40+km/h.

Might be worth looking into if that's the case.