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The Pub For General Automotive Related Talk |
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09-08-2005, 06:23 PM | #1 | ||
Banned
Join Date: Dec 2004
Location: Japan
Posts: 730
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Does any one have the operating proceedure, as in what the police are allowed to and not to do when measuring peoples speed. I want to contest a speeding fine, but want to be sure the office was incorrectly using the device.
1. He was hiding complety from view, and I watched him in detail while I had my ticket issued by another officer. 2. It was down the bottom of a big hill 3. He has put the incorrect street name on the fine. I am not sure whether any of the above are worth contesting in court, so some opinions are welcome and if its not then I'll just pay up. Thanks in advance. |
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09-08-2005, 06:31 PM | #2 | ||
V8 Powaah
Join Date: Jan 2005
Location: Sunshine Coast, QLD
Posts: 1,994
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As for points 1 and 2 they probably wouldn't help you one but.
Point 3 however means , i'm pretty sure that you have a good chance of beating it. But don't quote me on that. The seriousness of the ofence will be a determining factor. I'm sure someone more knowledgable than me will post some good info soon. *By the way, I thought it was a speed gun
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09-08-2005, 06:44 PM | #3 | |||
Banned
Join Date: Dec 2004
Location: Japan
Posts: 730
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Quote:
It might not be worth it 25kmh over, 4 points. |
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09-08-2005, 06:52 PM | #4 | ||
I12 GO FASTER
Join Date: Jun 2005
Location: SYDNEY - west
Posts: 284
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i hope someone here does give you some constructive advice to beat your fine. the way i see it is that you will have to convince the court that you were not speeding, not convince the court that the cops were being too sneaky.
hope all goes well, let us know how you go good luck. |
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09-08-2005, 08:17 PM | #5 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Posts: 5,644
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go and see a decent solicitor and get some proper legal advice.
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09-08-2005, 08:21 PM | #6 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Posts: 12,077
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When you were pulled over the Police officer taped everything you said. This is SOP.
Do you remember if he asked something like: Good afternoon driver, I am S/C Plod of the Upper Combuckner West Traffic Branch. Your speed has been checked by LIDAR and you have been measured at 387km/h. This street is a 25km/h zone. Do you have any reason for travelling at this speed? This is a trap. Answer Yes, you admit guilt and might get away with "I have a gunshot victim in the boot (the last copper who rolled me) and am speeding to the hospital at the top of the hill here" but you also might win Lotto.....(good luck) Answer No, you admit guilt and have no excuse. The correct answer is "I was not speeding, I KNOW I was only doing 24.95km/h because my speedo, internal radar, GPS and the speedos of the other seven cars I am towing all say so". (Well actually just I WAS NOT SPEEDING repeated over and over again) Traffic coppers are very good at their jobs, they do the same over & over again and have heard every excuse a bazillion times. Now assuming you haven't already dobbed yourself: Do you have any witnesses? Was it raining? Does the street on the ticket actually exist and can you PROVE you were not there? If you are game, try the copper on in court, but remember he has been there many times and knows exactly what to say and do. If your legal experience consists mostly of wacthing re runs of Ally McBeal and Raffertys Rules you may not have much fun. You could of course see a solicitor but usually they means you will not have much fun and have to pay for it. N.B. LIDAR cannot be operated in QLD in rain as it is an OHS infraction. |
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10-08-2005, 10:00 AM | #7 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Perth
Posts: 820
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flappist, thank you for a very entertaining post. I got quite a good chuckle from reading it! YOOT, mate in my experience entertaining the thought of legal council is only worth something if it means a better chance at defending issues you are passionate about and / or when you stand to save yourself significant financial loss. In your case (unless it means you’re going to have your licence taken from you) I don’t think either applies. Were you actually speeding? I think for the penalty involved I’d save yourself the headache and pay the fine. Your time alone is worth more than any possible financial benefit.
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11-08-2005, 12:10 PM | #8 | ||
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Ops procedures for LIDAR? Here in Vic the blatant disregard for ops procedures is amazing - but the courts protect these idiots who know they get away with it almost all the time. Push the case out by writing letters and asking for deferments in court until 12 months comes by (from the offence date). then front up to court and say the road was incorrect and the Police cannot change the charges so you get off. Works here in Vic. Up to 12 mths they can amend the charges.
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11-08-2005, 03:38 PM | #9 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: QLD
Posts: 1,255
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Look here
Road sense
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11-08-2005, 04:32 PM | #10 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Tauranga, New Zealand
Posts: 1,488
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Don't want a fine? Don't speed. Simple.
Nice post flappist, by the way! |
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12-08-2005, 09:56 AM | #11 | |||
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Quote:
Mate, wake up and smell the roses because as has been proven you do still get fines even if you are NOT speeding. That's a major issue right now. |
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12-08-2005, 11:39 AM | #12 | ||
Its yellow, NOT green!
Join Date: Feb 2005
Location: Hunter Valley
Posts: 1,219
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At the end of the day it all comes down to whether or not you were speeding. If you were, I'd suggest just paying the fine because its not worth all the hassle. If not, seek legal advise.
Cheers Matt
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12-08-2005, 11:51 AM | #13 | ||
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Take AP's advice on this one. Just keep writing letters as a response and drag it out. The system does not like this.
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12-08-2005, 01:03 PM | #14 | ||
Moderator
Join Date: Feb 2005
Location: Kenthurst
Posts: 40,403
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Write a letter stating you were not travelling on the street mentioned in the fine. That alone should get you off.
Also if you had a GPS in your vehicle ... you can show the route you travelled at that time ... also the Police need to be prepared to quote a GPS reference. ... looking forward to fitting a GPS to the car soon.
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12-08-2005, 03:10 PM | #15 | |||
FF.Com.Au Hardcore
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12-08-2005, 03:42 PM | #16 | |||
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The old saying applies: "Rules are for the obeyance of fools and the guidance of wise men". Of course if you're a kiwi Camry driver why WOULD you get a fine. You're towing the line. |
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12-08-2005, 04:54 PM | #17 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Tauranga, New Zealand
Posts: 1,488
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I don't drive a Camry. If you don't like feeling like a "walking or driving wallet" then follow the rules and they can't get a cent out of you. So how much of your money have you poured into traffic fines? Who's the fool now?
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12-08-2005, 05:43 PM | #18 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
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Pete, Just because Mike doesn't agree with you, don't start getting crappy at him.
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12-08-2005, 11:37 PM | #19 | |||
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