So... according to a fresh faced constable from Victoria Police, I have committed the heinous crime of... wait for it... using a mobile phone while driving.

Result: $141 fine and 3points

BUT...

...if we investigate further...

1. I wasn't moving...
2. I was in a carpark...
3. His reasoning was that " i wasn't in an actual parking space, therefore am in control of a vehicle"...

But wait... there's more... he told me that 'there were 3 cars waiting and i was in their way'... even though it was in fact the police car parked across an intersection in the carpark that was causing the disruption, as other cars had been passing me without problems.

I don't blame the tosser... i mean... officer... because he was only doing his job. But you know there's something awry when you get booked for doing the right thing and pulling over to use your phone.

My advice to everyone... if you are going to pull over to use your phone in Victoria, turn off your engine, take out your keys, walk 100 metres away from your car and sit behind a rubbish bin

bad luck mate. you'd like to think that common sense would prevail and the cop would see that you were doin the right thing. can't argue with stupidity, it never knows when it has lost.

bummer, almost copped it a week or so ago. Stopped at lights on the inside lame in a right hand turning lane and lights were red. Fone started ringing and it was a mate who i cudnt b bothered 2 talk to so passed the fone to my other mate, looked up and sure enough 2 pigs sitting on the other side of the intersection watching me. When they got green both were glaring at me lol.... Bet they were spewing, couldnt pull up another vw driver for committing a crime... One thing about this phone law, its ok because both hands arent on the wheel, but what about eating and smoking especially!

that sucks!
Since when is it safer to drive a moving vehicle with a lit flame burning in your hand or mouth than it is to drive when your mouth is flapping on a phone! I think smokers should cop fines too.

Years ago if you were sleeping off a drunk on a park bench and you had the car keys on you and the car was nearby, you were busted for DUI. You had to hide the keys or you were done. This phone thing is more of the same.

Might be worth appealing this. Go back and park the car in the place it was. Take some photos and send them in with a detailed letter with all the facts. If it goes bad you go to court for a day. As I understand it, if you loose you pay the fine, if you win, then you just loose a day's pay.

Someone correct me if I'm wrong.

My mum got done by a speed camera (70 in a 60zone) a few years back in a place with no signs. She wrote a letter telling them she'd never a had a fine for speeding before and there were no signs. They overturned it and gave her the points back.

Here's one for ya.

Fleur got a parking fine in the Helbus. The Infringement is dated Sat 03 06 06. The Incident date on the fine is Mon 06 03 06. Now seeing as Sat 03 06 06 has not arrived yet (And it does say Sat on the fine). Would this mean they are forward dating the fine, made a mistake, or need to be told it is an invalid fine?

What are the chances of getting it wiped? Anyone had joy with this kind of thing before?

Quote:

Originally posted by fekkinell My advice to everyone... if you are going to pull over to use your phone in Victoria, turn off your engine, take out your keys, walk 100 metres away from your car and sit behind a rubbish bin

Well said Hipichic, Im with you. Smokers should be fined as well.

Just my 2c.

Bad luck fekkinell, you may have a case there though.....

There's some pretty dangerous nose pickers out there. Right in up to the second knuckle sometimes. Get on to them too

You should get a 2 way radio. I've seen police talking on them while driving.

Have to say that I agree with phone laws though the application in this case is stupid.

I recieved an SMS from my wife one day. I rang her straight back and she said she couldnt talk because she was driving. WTF!

Just thank your lucky stars he didn't shoot you. It is Victoria afterall.

Fight it. Like Pete said - take some pics and embarrass the poor constable.

Quote:

Originally posted by fekkinell My advice to everyone... if you are going to pull over to use your phone in Victoria, turn off your engine, take out your keys, walk 100 metres away from your car and sit behind a rubbish bin

Anyone here watch Myth Busters? I saw an episode a few weeks ago that compared driving talking on a mobile with drink driving. Was a very interesting outcome. Reaction times and over all control was the same. They concluded that talking on a mobile while driving impaired your driving to a similar degree as driving at over the legal limit in the US. Higher than ours from memory.

It sounds like your situation was a bit stiff fekkenell.
The ones that have really been scaring me lately is the amount of B Double Trukies that I see driving with a mobile jammed between their head and shoulders. Been seeing about 1 a day at a very busy intersection near my house. As a old truck driver there is no way you could have complete control of an articulated truck and trailer, swapping up to 15 gears, negotiating tight intersections and chatting on the phone.
Not bagging truckies in general, but these clowns should really invest in a car kit.

Hi

In Victoria your lucky he didnt shoot you.

Steve

do we have a new age ned kelly on our hands? fight the power, i'll meet you at glenrowan!

... i'll text you when i get there

I would send a letter in about the wrong date. If they will no delete the ticket, pay the fine and don't go all the way to court? is that an option?

I suppose with the parking ticket, we would have 28 days to pay from the date of the notice. That is not for another 3 months, so it would give us 4 months to pay?

Pay by cheque, date it something like 1/12/2286

:party

Qld it's $225.00 and 3 points.

Probably one of those myths but has anybody tried the method of OVERPAYING the fine. Supposedly when they send you back a cheque with the excess funds you dont cash it in and so the transaction is not finalized and the demerit points are not deducted.

I wouldnt know, dont get traffic infringments PFFFTT