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Demerits question..

Discussion in 'Licence - Rego - Insurance - Law - Rider Training' started by anthony, May 4, 2014.

  1. anthony

    anthony Active Member

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    Ok so I've gotten into abit of trouble and as a result lost all my demerits, I'm on my L's, but can go for my p's anytime now as I'm past the 3 month waiting period, so I lost 3 demerits when I got caught speeding (overtaking a truck), then I got caught going through a red light (by a undercover) which also booked me for no l plate (falls off often).
    So now I've lost 8 demerits even though I only got 4 to start with, plus fines.. So my question is, Is it possible to have negative demerits? I,e would I have -4 or just 0? And if I go for my p's before I get the notice in the mail that I'm losing my licence, do I get any new demerits for passing my p's that would make me able to keep my licence? P.s I will be appealing the suspention if that's my only option as I need it to get to work
     
  2. GreyImport

    GreyImport Administrator Staff Member The Chief Contributing Member

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  3. ruckusman

    ruckusman White Mans Magic Master Premium Member Dirty Wheel Club

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    you haven't lost the points till the fine is paid - you can spend months contesting them with the SDRO in a letter writing campaign - btw the one for no - L plate is worth fighting and overtaking a truck can be beaten if you take the correct approach
     
  4. Linkin

    Linkin The Mechanic Premium Member Contributing Member Dirty Wheel Club

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    Ruckus, on your last point, what would be the correct approach? I would guess safety reasons... Can't guarantee that the truck would see you and not brake suddenly, or something like that
     
  5. anthony

    anthony Active Member

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    Linkin, what happened with me was, there was a truck on the left of me, we were both going the speed limit, I had a car right up my a** because we were in the overtaking lane, and the wind coming off the truck was pushing me around, I decided it was unsafe and realised the tailgater would probably have hit me if I backed off to try sit in behind the truck so I decided to overtake the truck, little did I know there was 2 highway patrol cars sitting behind some bushes up ahead who lit me up and booked me, was just a bad situation from the beginning.. But I also think that a judge would understand this if they are not cranky on the day haha
     
  6. ruckusman

    ruckusman White Mans Magic Master Premium Member Dirty Wheel Club

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    time spent on the wrong side of the road, if passing like that, or besides a truck if there's going to be lanes merging when it's going less than the speed limit, it does become a safety issue and can and has been successfully argued. If either of those circumstances apply then it's worth arguing.
     
  7. ruckusman

    ruckusman White Mans Magic Master Premium Member Dirty Wheel Club

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    Don't pay the fine and take it to court - that's a definite safety issue
    BTW how did the cops get your speed - bikes are difficult to get with a radar because they have such little surface area reflective to the radar beam, especially from the front - challenge everything basically
     
  8. ruckusman

    ruckusman White Mans Magic Master Premium Member Dirty Wheel Club

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    also be ready for the police to lie if they think it' necessary to get a conviction - they can and do lie in court

    Reason for overtaking the truck - wind buffeting when sitting behind and the tailgater pushed you along. Did the police book him also - because you can subpoena their book, black note book(s) and infringement book just in case they consider lying under oath - they will also likely have video of the incident which you can request
     
  9. anthony

    anthony Active Member

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    He clocked me front on with a radar then jumped out on the road waving me down, not so smart on his behalf either as there was a truck that I had just overtaken haha
     
  10. ruckusman

    ruckusman White Mans Magic Master Premium Member Dirty Wheel Club

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    challenge the radar reading - it was likely for the car behind
     
  11. Murdo

    Murdo The Good Doctor Staff Member Contributing Member Ride and Events Crew

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    I would also challenge this on the safety issue. Make them prove that you were NOT doing something to improve your own safety.
     
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  12. Darren

    Darren Well-Known Member Contributing Member Dirty Wheel Club

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    Definitely worth challenging. Rider safety is paramount.
     
  13. RosscoM

    RosscoM Active Member Premium Member

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    I had a mate who was booked in a 60 zone for 60 in a 50 zone, he challenged the fine in court and had no offence recorded yet the RMS still took demerit points for the offence. You have to ask the court to rescind the fine and demerit points, ie: the court orders the RMS to record no demerit points for the alleged offence...
     

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