speeding penalty in Perth

FalconXV · 26-04-2010, 12:32 PM

Does anybody know the protocol here? I know somebody who was caught speeding over the limit, and received a court summons for it, but the cops were trying to get him to admit liability ( How fast were you going didnt you see your speedo? etc). I think the word estimate was used, so they couldn't have got a reading using scientific equipment. I would guess that in court they would give a verbal estimate, can somebody PM or otherwise me if this is enough to convict or who has got off such a thing? (Bearing in mind I condemn speeding personally, and don't want to hear about the dangers etc).

pottery beige · 26-04-2010, 02:29 PM

Admit nothing.. Deny everything....

Mickxr8 · 26-04-2010, 02:46 PM

take it to court. that way the officers involved have to present themselves in front of the judge,under oath,explain there actions etc etc. things have a funny way of getting `lost in the system` then.

Bluntman · 26-04-2010, 03:09 PM

Yeah deny till you die. Works in relationships to.

Seriously though if you admit the speed you were going at then you're gone but if you don't admit it or swear you were on the limit they can't do anything. I have done it on my bike a few times, just said I was looking where I was going, not at the speedo.
That said it only works if they "think" you were speeding, if they radared you then you're gone anyways.

jpd80 · 26-04-2010, 03:29 PM

For a long time, the courts have taken a police officers word over a defendant. If the officer maintains the person was speeding in excess of the limit and estimates the speed, there a good chance you'll be fined accordingly.

jaydee · 26-04-2010, 06:56 PM

Yep, depending on the circumstances, Police can give evidence of an estimated speed without relying on radar etc.
We all know ourselves if we're standing on the side of the road and someone goes flying past and we've had a fair bit of driving experiance we estimate and say, "Shoot, he was doing at least 100 kays".
This is similar to what the Police can do too, and if they can back it up with experience the Courts will give them a bit of credability, especially if they asked your mate if he was looking at his speedo and he says he doesn't know how fast he was going then he's stuffed I'd guess.

FG XR · 27-04-2010, 01:38 AM

friend of mine was caught speeding, he asked to see the radar, cops didnt have him on a radar only "guessed" his speed. Took it to caught and won. No evidence of speeding.

You will win.

jpd80 · 27-04-2010, 06:41 AM

Quote:

Originally Posted by Coyote V8

friend of mine was caught speeding, he asked to see the radar, cops didnt have him on a radar only "guessed" his speed. Took it to caught and won. No evidence of speeding.

You will win.

Not necessarily, it varies from state to state. If the copper believes your speed for the conditions were dangerous, ie weaving through traffic, speeding on wet roads ect, his evidence will be taken over yours. He also has to show how he estimated your speed, they usually time between two point and then go measure the distance and give the court the details of how velocity was confirmed.

As a young fella, I learned this the hard way....

fordAU · 27-04-2010, 09:05 AM

Quote:

Originally Posted by FalconXV

that in court they would give a verbal estimate, can somebody PM or otherwise me if this is enough to convict or who has got off such a thing? (Bearing in mind I condemn speeding personally, and don't want to hear about the dangers etc).

Estimated speed is no different to checked speed ie from calibrated speedo or radar detection. All speeding convictions are based on estimates.

An example would be police evidence of the vehicle travelling at a speed of no less than (km/h) and no more than (km/h). As the Police evidence will be deemed by the magistrate to be from an experienced or expert witness the estimated speed will be more than enough to secure a conviction.

Urban myth that a speeding conviction can only be proven electronically, your friend should approach it accordingly.

ch33z1l · 27-04-2010, 09:49 AM

Were there any other vehicles on the road, or the lone vehicle. Police can often judge your current speed going by what the other vehicles on the road are doing.

If you were the lone car, you could argue the police had nothing to compare your speed to as there were no other cars on the road at the time.

If there were other cars, you could argue that you were travelling with the speed of the other traffic. If things were particularly congested, you could say you were watching the road as the conditions required you to.

bathurst77 · 27-04-2010, 10:04 AM

And jsut a reminder when you do go to court you are under oath so lieing is called purjery and is illegal with a jail sentence.
Anyone advsiing your friend to go to court and deny that he was speeding if he knew he was, is advising your friend to commit a criminal act.

pottery beige · 27-04-2010, 10:53 AM

Quote:

Originally Posted by bathurst77

And jsut a reminder when you do go to court you are under oath so lieing is called purjery and is illegal with a jail sentence.
Anyone advsiing your friend to go to court and deny that he was speeding if he knew he was, is advising your friend to commit a criminal act.

copper's, judge's, lawyer's, MP's etc.... never been busted lying.... lol..

bathurst77 · 27-04-2010, 10:05 AM

And jsut a reminder when you do go to court you are under oath so lieing is called purjery and is illegal with a jail sentence.
Anyone advsiing your friend to go to court and deny that he was speeding if he knew he was, is advising your friend to commit a criminal act.

Maybe your friend shwoudl jsut paythe fine, cop it on the chin and drive slower.
If you cant do the time, dont do the crime.

mcnews · 27-04-2010, 11:55 AM

Quote:

Originally Posted by bathurst77

Maybe your friend shwoudl jsut paythe fine, cop it on the chin and drive slower.
If you cant do the time, dont do the crime.

Yep just roll over and play dead... Only a complete moron would do such a thing. When the odds are so stacked against us you must stand up for your rights at every opportunity.

FalconXV · 27-04-2010, 01:54 PM

Thanks all for the input. Also, there was no other cars around, the cops were at an intersection he drove past, he slowed down as he approached them and then they turned onto the same street. Would they have been able to get a reading before he passed them?

MeLLy · 27-04-2010, 04:35 PM

Yeah always take it to court you have a good chance of winning, if their is a radar reading however just swallow the fine and pay up. If they are estimating your speed contest it. I've won in SA twice now against sapol without a lawyer just on the basis that they guessed my speed.If they don't have proof they cannot hold it in court.
Possibly the court system has lost faith in its officers.

xyef351 · 28-04-2010, 12:57 AM

Definitely take it to court and plead not guilty, I have been picked up several times for speeding in the last 4 years, 2 of them fixed camera parked on side of road, I lost both those cases, 4 times by hand held camera and won 2 of them cases, And 3 times at estimated speed, and i beat all of them 3, Now on the 3rd estimated speeding fine that i got, When they pulled me over they initially said i was estimated at doing approximately 120kmh he said in an 80 zone, I asked if i could see the speed i was doing and he said we don't have a radar we estimated your speed, after a couple Min's of checking the car over and blown in the bag he said he will make it 100kmh in an 80 zone, I liked the sound of that, and went with it. Because i was actually doing 145kph when i passed them, This was out on a country rd in beaudesert in queensland. Here's the interesting part, A couple days later i went up that road again and noticed that the speed sign had a 90 on it and it was half hidden by a tree, so i took it to court and of course didn't have to say a thing besides not guilty your honour, the prosecutor dropped the case, And when i asked the prosecutor why he said the officer wish not to proceed with the case due to the police vehicle not being upto date with servicing. So What would have happened if i had just pleaded guilty, bet they wouldn't have withdrawn the case.