Advice

[dizzlexr6]

after anyones opinion as to what i can do about a traffic infringment i got early febuary im looking at losing my license for a year! im in south australia

i was just coming out of a shopping centre at around 9 oclock so was just dark and i mistakenly did not turn the swtich for my lights enough on the ba meaning i just had my parkers and fog lights on i didnt realise as i was coming out of a well lit up shopping centre and the dash was lit up because parkers were on. before i was even 100m away from the shops a cop followed me and indicated for me to pull over.

he proceded to fine me for 2 things.
1. fog lights on- i didnt know about this rule as it had just came in but i will take that one on the chin

2.drive at night without effective lights-this is the one im trying to fight as its one demerit point also which i do not have.

to me it seems like these two "offences" contradict each other. i wrote a letter to expiation office saying the offence was trifling but in response they said no and just mentioned that its my responsibility to have effective lights on.

im looking at taking it to court but i just want to know anyone elses opinion as i dont wanna waste my time if i have no chance.

thanks for any advice

[SM1DY]

Note to self "Turn Fog Lights Off"

On topic, I reckon you have a decent argument there, it's not rock solid yet you may have some wiggle room assuming that your lights do operate properly. Go and see someone that specializes in these situations, they'll give a better idea of what your up against.

[Laminge]

Simple question will be asked, what are the other offenses that caused this to tip you over.

[jaydee]

If the charge is like WA, it will be having "insufficient lights". As you said, you had your park lights and and you were'nt parked.
If you go to Court you need a defence and I don't think you have one.
It does sound a bit stiff getting done for both but about once a month someone here has a whinge about getting done fog lights. Dunno why manufacturers put them on our cars if we can't use them, but there you go.
Good luck

[Gobes32]

I have been pinged for parkers on instead of normal headlights in the center of Geelong city. Didn't matter how much I pleaded, he still gave me the fine.

[Buzz Box]

Originally Posted by Laminge

Simple question will be asked, what are the other offenses that caused this to tip you over.

I agree what else have you been done to not have a single point left?

[AUXRVIII]

Originally Posted by jaydee

If the charge is like WA, it will be having "insufficient lights". As you said, you had your park lights and and you were'nt parked.
If you go to Court you need a defence and I don't think you have one.
It does sound a bit stiff getting done for both but about once a month someone here has a whinge about getting done fog lights. Dunno why manufacturers put them on our cars if we can't use them, but there you go.
Good luck

Not trying to start anything, but you aren't supposed to use the second half of your speedo, so why bother having it there? You can use fog lights, in the fog! If you never drive in fog, stiff.

[Poidevin]

I thought the law was you can drive with your fog lights + park lights on (at the same time) and that counts as basically having your normal headlights on. At least that what we got told at a safety conference a while back.

[Coogs289]

Originally Posted by AUXRVIII

Not trying to start anything, but you aren't supposed to use the second half of your speedo, so why bother having it there? You can use fog lights, in the fog! If you never drive in fog, stiff.

TRUE THAT!

[XR6_190]

Originally Posted by Poidevin

I thought the law was you can drive with your fog lights + park lights on (at the same time) and that counts as basically having your normal headlights on. At least that what we got told at a safety conference a while back.

Definitely not, but going by all of the SS commodores and B series XRs going around, I could see where somebody might think that it is legal.

Don't bother with taking it to court unless you have a decent defence, saying 'I forgot' or 'I didn't realize' will not be seen as a decent defence, and more likely you will cop a serve from the magistrate for trying to use it. If you had a clean record you might have stood a chance, but otherwise it's bye bye license i'm afraid.

[XR6_190]

Originally Posted by jaydee

Dunno why manufacturers put them on our cars if we can't use them, but there you go.
Good luck

I agree. Why we are at it, Why do they bother to put bumper bars on cars if we can't purposely go bumping into things? Or why bother with high beams headlamps on cars that never leave the city? Good logic that!

[ZA-289]

If you need your licence for work or other reasons, get a written letter from from boss saying you need to keep you licence for work. Go to court, plead guilty and say sorry.

You will keep you licence.

[Coogs289]

Originally Posted by ZA-289

If you need your licence for work or other reasons, get a written letter from from boss saying you need to keep you licence for work. Go to court, plead guilty and say sorry.

You will keep you licence.

makes sense to me...

Cheers, Anthony

P.S 200TH POST! WOOO!!!

[Falcon Coupe]

Originally Posted by velocity_avisGT

makes sense to me...

Cheers, Anthony

P.S 200TH POST! WOOO!!!

Try adding some substance too the next 200.

[cs123]

I suppose you could argue that you were fined twice for the one offense. The magistrate might reduce it to one offense.

[BFYOOT]

prob a little off topic to original question, but what is it that makes the "fog lights" on the xr's actually fog lights? is it the position, the direction of the beam or the globe type? is it possible to change either the beam direction or globe type, and have them to be no different to the spotties you can put on your car?

[duaned]

Originally Posted by BFYOOT

prob a little off topic to original question, but what is it that makes the "fog lights" on the xr's actually fog lights? is it the position, the direction of the beam or the globe type? is it possible to change either the beam direction or globe type, and have them to be no different to the spotties you can put on your car?

+1. I have always thought fog lights were yellow?

[cant]

I agree, down to one point on your ticket, you must be dreaming!

Hate the people who drive around with their Bumper lights on (PS "FOG lights" are yellow : )

BUT, was at the Corio road house the other day and picked up a card for Aussie speeding fines, have not had the need to follow them up yet, but you could try them www.aussiespeedingfines.com, they go on about learning how and why to never pay a speeding or parking fine ever again! out:
Or email, info@aussiespeedingfines.com

You never know :voldar02:

If it wasnt that late (DUSK) and you could claim to see fine, and your car was clearly ILLUMINATED to other road users!???

And keep US all updated on how you go with them, I for one would like to beat the REVENUE RAISERS!

Go get em :

[dave351cid]

Originally Posted by ddarby

+1. I have always thought fog lights were yellow?

same here,

[mustang70]

Originally Posted by BFYOOT

prob a little off topic to original question, but what is it that makes the "fog lights" on the xr's actually fog lights? is it the position, the direction of the beam or the globe type? is it possible to change either the beam direction or globe type, and have them to be no different to the spotties you can put on your car?

yeah good point, if they were to call them spot lights then people wouldnt try argue that its ok to drive around with them on.

[cs123]

spot lights are wired to only work when high beam is on.

[maccamom]

Originally Posted by ddarby

+1. I have always thought fog lights were yellow?

Fog lights don't necessarily relate to the colour of the beam, it is also the angle of the lights and the diffusion pattern.

Back on topic, it depends on your driving history as to whether the court will let you of lightly, I take it that you have racked up 11 points thus far which would really indicate a minimum of three/four decent offenses (3 pointers) or more smaller offenses in a three year period. A Magistrate may not be so lenient with a record like that, still, it is luck of the draw.

[Elks]

Originally Posted by BFYOOT

prob a little off topic to original question, but what is it that makes the "fog lights" on the xr's actually fog lights? is it the position, the direction of the beam or the globe type? is it possible to change either the beam direction or globe type, and have them to be no different to the spotties you can put on your car?

It's in the lens. A fog light, clear or yellow, throws a wide low beam to go under the fog. A driving light is designed to focus the light beam into the distance.

Funny thing is I drove the TS every day for best part of 5 years always with fogs on, no problem. It WAS legal then. The wife's territory has Fog lights that if switched on always have people flash their lights at you. Obviously set up different.

Most high end cars of any brand built over the last 10 years have Fog lights as a part of the spec. I have always wondered how that must annoy Queenslanders with 12 months of summer and no fog?

[Laminge]

We are getting off topic, back to the original question please

[Iggypoppin']

Heres what you do: because its not something the judge is going to be lenient about, in the sence he's not going to let you off, you cop it. appeal, and 99% of the time, you will receive a restricted licence, enabling you to drive for, i think, 12 months(are you a P plater or??) then, if you incur no points in that time, you go either onto your regular Ps or back to a full licence. in SA its like a get out of jail free card. so many people i know have whinged cos they're licence is getting revoked, then they appeal for it back and they get it back, but with extra provisions. probably the best you can do, as fighting the charges is impossible, nearly.

[3vXT]

I wouldn't be so sure that you'd get hammered if you take it to court. I sat through a day of local court stuff (traffic etc...) not long ago and the judge was pretty lenient IMO, More than i'd be anyway.
Its not like drinking or speeding that are hot topics, without a few years under your belt you'd be silly to take one of those further, but don't assume you'll automatically be worse off on something like this.

As everyone has said though, there's a reason you've collected your limit in points and that might make the difference.

[GT450]

Losing your licence for a YEAR for collecting one further point does seem harsh , i assume you must have some serious previous offences in a short time to do that. I am guessing the local constabulary already new your registration number by heart and you have given them the excuse they needed.
Cheers GT450

[BHDOGS]

Take it to court plead guilty for the offence but ask the judge to remove the demerit point on the grounds it was a simple mistake you thought you had your lights on and plead your case the courts get there money and a sorry from you for a mistake you made you keep your licence judges are very reasonable people just look at the sentences they hand out to murderers

[dizzlexr6]

sorry havent had chance to get on internet cheers for everyones advice even though it seems like its about 50/50 on whether you all think i should take it to court. although being a young p plater im quite sure they will automaticaly see me as a hoon and not even give me a fair chance.

to answer your question i am on my red p's meaning i only have 4 demrit points i got picked up for speeding 16km ovr on double demerit point weekend which i think was over 4 demerit points which made me lose my license i appealed it as i needed it for work so that option is out of the question for 5 years.

do you think that is a serious enough offence for them to not even think about letting me off because of my previous record? i honestly did learn my lesson from that first fine.

[XRSIKS]

I'm waiting for a letter in the mail.... went past one of them speed vans at about 85-90 in a 80 zone..... kinda dreading finding out :|

Hope it all works out for you mate... fingers crossed.