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  1. #1
    Cruise Co-ordinator adam_92's Avatar
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    Anyone know much about Traffic infringements?

    Basically coming home from work out of the cbd the other night, 5.30pm and there had been an accident/breakdown in the middle of the main road, traffic was a nightmare as expected and I was sat in a long line at red traffic lights. Im type 1 diabetic and felt my blood sugars getting low so I quickly tried to check my levels with the finger pricker and monitor, just then, the copper attending the accident/breakdown walks past my car then turns back and comes to my driver side window and tells me to pull into a business entrance down the road. He then proceeded to write me a ticket for using a mobile phone even though I had argued and showed him the blood glucose meter and the drop of blood on my finger tip. He was having none of it and gave me the ticket...

    My issue now is that im on 12 months good behaviour and only have 2 demerits for the 12 months. The fine is 3 demerits and $360 which means loss of licence for 6 months, which is going to really f*** my chances of getting an apprenticeship and being able to pay for a wedding next march...

    I am seeking legal advice but cant get an appointment til monday so thought I'd ask the question here to see if anyone could shed some light on it and what my chances of getting off with a warning are???
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  2. #2
    OpelAus Forum Addict chris_r's Avatar
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    Only someone who is an expert in traffic related legal matters will be able to give you a realistic idea about what might happen if you challenge the infringement.

    Also go to Vodafail and see if you can pull your phone usage records. If there's no sign of you using your phone at that time, they won't have a leg to stand on.

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  3. #3
    OpelAus King Dingaling dutchy's Avatar
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    well, i'd fight this. Don't think showing your phone bill will do the trick because calls made where no-one answered the phone, will not show. You'd be at the grace of the judge but I think you've got a fair case. People have been let off for worse offences.
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  4. #4
    Cruise Co-ordinator adam_92's Avatar
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    Bill wont really dp anything. The copper said, even checking the time on your phone is an offence, as is using a gps while driving, he also said if I really want to be an arsehole I could even do someone for changing radio stations. He was a complete prick.
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  5. #5
    OpelAus Forum Addict chris_r's Avatar
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    Click here to enlarge Originally Posted by adam_92 Click here to enlarge
    Bill wont really dp anything. The copper said, even checking the time on your phone is an offence, as is using a gps while driving, he also said if I really want to be an arsehole I could even do someone for changing radio stations. He was a complete prick.
    Cops are nothing more than state tax collectors and will usually come up with any excuse to raise money for their employers. The radio is part of the vehicle's controls, so I don't see how he can book you for changing stations, volume, etc. If the item is fixed into a permanent position, it's part of the vehicle. To me, for him to say that means his case is shaky at best, as it sounds like he wasn't all that confident in issuing the fine in the first place. Every time I've heard something along the lines "If I wanted to, I could ping you for .....", it sounds like "I'm not sure, but I expect that I've scared you enough into not wanting to challenge this".

    By all means, don't take it lying down and challenge it. You've got more to lose if you don't and chances are given your medical condition and employment status, you'll have more chance of getting away with a warning. Quite possibly, you'll still have to pay the fine and maybe have the good behaviour period extended or other conditions applied (ie travel restrictions to work), but I don't see the magistrate wanting to put you in a position of complete hardship for a minor traffic offence, had it been a DUI, you'd be fooked.
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    Cruise Co-ordinator faneca's Avatar
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    Check your blood testers readings, it should have a time stamp on it for the last 30 readings. Which you should be able to get a copy of?

  7. #7
    Cruise Co-ordinator adam_92's Avatar
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    The time and date arent set correctly on my meter. Otherwise I would have done that
    OPEL ADDICT 1994 CORSA B 1.5D (ENGLAND) 2001 CORSA C 1.2L (ENGLAND) 2004 CORSA C 1.4L (SOLD) 2004 3.2 V6 VECTRA GTS (SOLD)
    1994 CORSA B GSI C16 CONVERTED TO Z18XE (SOLD) 2001 ASTRA VAN Z16SE (CURRENT)

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    VIC Cruise Co-Ordinator sooty's Avatar
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    My guess would be they would tell you that you aren't allowed to use your tester either. Therefore you're trying to get off on a technicality that he wrote you up for the wrong thing. Not sure how successful you would be but if it's going to really impact stuff then you haven't really got any option but to try and fight jt

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  9. #9
    Cruise Co-ordinator adam_92's Avatar
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    My thoughts exactly Ain. They will ptobably say that I should have pulled over and checked them, even though I was stopped at lights and there was nowhere to stop safely on the road. I guess we just gotta wait and see what happens.
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    1994 CORSA B GSI C16 CONVERTED TO Z18XE (SOLD) 2001 ASTRA VAN Z16SE (CURRENT)

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  10. #10
    OpelAus Enthusiast DRMAT's Avatar
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    Unless there's something in the law specifically saying you cannot check your blood on the tester then you can do it, there is no offence. Same as you can use a CB radio while driving but not a phone, or drink from a can or change your radio station. What you cannot do is play with your GPS or phone at all but that's it. Fight it all the way, half the time the cop doesn't even show up.

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