VIC Caught Excessively Speeding on Suspended Drivers Licence - What to Expect?

[katielea]

I was caught doing 133kmh in an 80kmh zone. I had my car impounded on the spot and was advised that I’d receive a letter in the mail for a court date that I didn’t have to go to but it is strongly advised that I do.

I am 24, have previously had my drivers licence suspended for accumulating a number of small speeding fines while on my probationary licence. While travelling on this back country road, I honestly believed the speed limit was 100 and later found out that it had been changed to 80kmh within the last 12 months.

I just need some help on where to go from here and what outcomes I can expect from this offence, which although I do take full responsibility for and am extremely embarrassed, would like to have lessened.

When I was pulled over, the officer advised I’d be looking at an excessive speed and dangerous driving offence.

Will this leave me with a criminal record?

I have a job that will not be happy about this.

 

[Adam1user]

I was caught doing 133kmh in an 80kmh zone, I had my car impounded on the spot and was advised that I’d receive a letter in the mail for a court date that I didn’t have to go to but it is strongly advised that I do.
I am 24, have previously had my license suspended for accumulating a number of small speeding fines while on my probationary license.
While travelling on this back country road I honestly believed the speed limit was 100 and later found out that it had been changed to 80kmh within the last 12 months.
I just need some advise on where to go from here and what outcomes I can expect from this offence, which although I do take full responsibility for and am extremely embarrassed would like to have lessened.
When I was pulled over the officer advised I’d be looking at an excessive speed and dangerous driving offence.
Will this leave me with a criminal record?
I have a job that will not be happy about this.

Hi,

I don't think that will lead to a criminal record as you have not done anything criminal. If the police were chasing you, then it would be a different story. Saying this, it will not look good for you because of past history and the excess speed, if you were 105 - 110 kmh, then there maybe a chance but 133kmh is a bit overboard.

The best think is write/print out a statement that says you are sorry and will aim not to do it again and plead guilty with explanation, if you have a good explanation for the speed, state so, if not, just apologise and state you will aim not to do it again and wish for the best, it sounds you will have the suspended period, you can try to decrease that period.

Although myself love speed, I always recommend people not to speed, the vehicle is a killing machine, all I can say is take 10 minutes to yourself and think as of you would have run someone down, how can you live with it?

Good luck.

 

[Clancy]

If the speed limit had been changed within the last 12 months as you claim, then collect supporting evidence of that to present in court.

I remember 20 years ago there were still some country places with 100 speed limit and you would not do that speed because it was a winding road. Its about common sense and driving according to the conditions. But these days the authorities have gone mad putting absurd nanny state speed limits everywhere that are there to frustrate for no good reason and create revenue.

 

[Adam1user]

If the speed limit had been changed within the last 12 months as you claim, then collect supporting evidence of that to present in court.

I remember 20 years ago there were still some country places with 100 speed limit and you would not do that speed because it was a winding road. Its about common sense and driving according to the conditions. But these days the authorities have gone mad putting absurd nanny state speed limits everywhere that are there to frustrate for no good reason and create revenue.

If the speed limit changed, this is no defense, as the OP should have been careful when driving, this will not help him any bit at all. His speed was 133kmh therefore way above the speed limit, if he was less than the speed limit of 100kmh then what you said may help, but in his situation, it will not help at all. He is at the mercy of the court now.

 

[Lucaslly97]

Do you think saying that it is a country road and no man's land would help? Showing that your intention isn't to harm others and was being considerate even though "driving with excessive speed"

 

[Clancy]

If the speed limit changed, this is no defense, as the OP should have been careful when driving, this will not help him any bit at all. His speed was 133kmh therefore way above the speed limit, if he was less than the speed limit of 100kmh then what you said may help, but in his situation, it will not help at all. He is at the mercy of the court now.

Yes he is at the mercy of the court, and that mercy can only be improved with evidence of a recent speed limit change.... No it will certainly not get him off - when i say 'improved' i mean better than if he walked into the same court in the same situation but without any evidence of a recent speed limit change.

 

[Adam1user]

Yes he is at the mercy of the court, and that mercy can only be improved with evidence of a recent speed limit change.... No it will certainly not get him off - when i say 'improved' i mean better than if he walked into the same court in the same situation but without any evidence of a recent speed limit change.

It will not improve anything, as his speed is 133kmh. This is the issue here which I already stated. If he was around the 100kmh mark, then it would help, but as he was way above the speed. This point will not help him at all, either speed limit applied at that road will not matter as he was way more than the limit. If he was around the 100kmh and the speed limit changed to less than 100kmh, then he can use this as evidence.

What will it help if he stated the speed limit change and he is already on 133kmh? He was on a dangerous speed... this is the issue. In my opinion, the change in the speed will not help him at all, in fact it will do more harm, that is my opinion.

 

[Clancy]

It will not improve anything, as his speed is 133kmh, this is the issue here which I already stated, if he was around the 100kmh mark, then it would help, but as he was way above the speed, this point will not help him at all, either speed limit applied at that road will not matter as he was way more than the limit, if he was around the 100kmh and the speed limit changed to less than 100kmh, then he can use this as evidence, what will it help if he stated the speed limit change and he is already on 133kmh? he was on a dangerous speed... this is the issue. In my opinion, the change in the speed will not help him at all, in fact it will do more harm, that is my opinion.

You're saying the speed limit reduction is 'adverse' evidence? I do not see how that can be possible unless he tried to use it as an excuse? He is admitting to speeding, he is admitting he should have known the correct speed limit but failed to be aware of that speed had changed, and here is the evidence of when the speed limit was changed.

 

[Adam1user]

Your saying the speed limit reduction is 'adverse' evidence? I do not see how that can be possible unless he tried to use it as an excuse? He is admitting to speeding, he is admitting he should have known the correct speed limit but failed to be aware of that speed had changed, and here is the evidence of when the speed limit was changed.

I stated twice why this would not be to the OP benefit, if raised, it would do harm than good to the OP situation, the OP is free to determine what to do.

 

[Clancy]

I stated twice why this would not be to the OP benefit, if raised, it would do harm than good to the OP situation, the OP is free to determine what to do.

I should point out, I am not arguing against your opinion, it is an interesting opinion. I am just not totally convinced. But yes, OP is free to decide, hopefully with the advice of a lawyer!