Speeding fine. Shame I WASNT

krisisdog · 05-08-2007, 05:57 PM

Last night I was driving home from my gfs to get ready to go to work. The road is 100kmh, and I was sitting on about my normal speed - 100 to 110 or so (downhills), when I went over a crest and on the other side of the hill, also going down a hill towards me, was a pursuit car.

So I went over a hill, going down a hill towards the bottom, which then goes uphill to me, downhill to cop car, which is the way they were traveling, and on goes his lights. The whole roads like this, up down up down if you get what I mean.

So I pull over, and cop a 131kmh in a 100kmh zone, bout $270 worth. No chance I was going that fast. Absolutely no f'en chance. I was sitting on between 100-110, which is about 2000rpm-2100rpm.

What am I meant to do now? I know I wasnt speeding, the cop car was driving at me, and we were both going downhill.

http://www.speedingtickethelp.info/i...accuracy.shtml

It states on that site that the terrain must be straight and flat. Whilst it was reasonably straight, if you call that part of the road flat you must be a damn sailor.

Any help guys, I really dont want to lose over half my demerit points, or pay the fine ( like I have money), especially for something I didnt do!!

Justin@ · 05-08-2007, 06:00 PM

Fighting this in court will cost you more than the fine, i know its a pain and you lose points but i say just pay it and move on. If you cant afford to pay it in one hit you can organise to pay it off.

nugget378 · 05-08-2007, 06:01 PM

Just fight it and see how you go,no one here is going to get you off it..

krisisdog · 05-08-2007, 06:02 PM

I only want some advice on what to do, seeing as I wasnt doing the indicated speed.
I dont want to get done for something I didnt done!

FPV8U · 05-08-2007, 06:06 PM

I'd challenge it, but not on your own seek some representation, or maybe try one of those $40 letters.

Outbackjack · 05-08-2007, 06:07 PM

Here we go again....

http://www.aussiespeedingfines.com/index.php

Spend $40.

krisisdog · 05-08-2007, 06:09 PM

Its $67 now I think, but yeh I looked at it, and bookmarked it. Ive got 2 weeks, and if I cant get figure out what to do on my own I might just have to spend that much.

Falcon_Crazy · 05-08-2007, 06:09 PM

Did the officer show you the radar screen showing your alleged speed? Was the copper based in Grafton? Clearly you would have known if you were doing 20km/h more than what you believe you were doing. If the copper was based in Grafton, go have a chat with them. Maybe the equipment is faulty...fight it for sure mate. If you do elect to take it to court, you will need a strong case but if you represent yourself, it wont cost an arm and leg

krisisdog · 05-08-2007, 06:12 PM

He offered to show me the reading, but I just said yeh I believe you. I was scared and confused. I was getting busted for something I didnt do.

I'm pretty sure theyre local, I've seen em in town a bit, pulling every 2nd car over.
Problem is, I didnt get a name of the copper, and the signature is basicaly a wiggly loop.

Falcon_Crazy · 05-08-2007, 06:19 PM

Bugger...Go have a chat at the cop shop. Show em your fair dinkum and indicate whilst you may have been say 10 over, you are concerned about the alleged 30km/h. Was this on the Pacific Highway south of town?

krisisdog · 05-08-2007, 06:21 PM

Nah mate it was on the road to Armidale, through South Grafton.
I was only a couple of kms out of South, and maybe 10 or so from Coutts Crossing.

Outbackjack · 05-08-2007, 06:22 PM

Quote:

Originally Posted by krisisdog

He offered to show me the reading, but I just said yeh I believe you. I was scared and confused. I was getting busted for something I didnt do.

I'm pretty sure theyre local, I've seen em in town a bit, pulling every 2nd car over.
Problem is, I didnt get a name of the copper, and the signature is basicaly a wiggly loop.

You have to get the coppers name..... And what ever you do, dont ever admit to speeding, which I guess you didn't......

krisisdog · 05-08-2007, 06:24 PM

I said 100, 110 at the most, no way I was doing 130. I think :/

EviLkarL · 05-08-2007, 07:23 PM

You have the ability and rights to fight it, if you believe strongly enough you weren't doing the speed you got booked for, then build your case and take it to court.

What you got to remember is the copper probably believes what his speed gun says so in reality you are both right. Taking that into account you need to prepare your case and take a good argument to court and convince the judge you are more correct then the copper. Now your downfall here is your word against an older, probably more believable copper with evidence.

You need to go to court and with some logical and believable reason why the decission needs to be reversed. Remember this is not a case of incient till proven guilty, you are already guilty, so unless you can bring something to the court firm and honest, you may as well just pay the fine and move on.

End of the day, you admitted to speeding right here, so it looks like the copper is just making up those few K's that the many of us get done for that are under what we are actually going. I reckon wear it and get over it. Remember every K over is a killer. This time only to your wallet. lol

MeLLy · 05-08-2007, 07:24 PM

I fought a speeding fine here in SA, I went to court and according to the courts you can only plead guilty, your not allowed to plead not guilty otherwise it goes to trial and you should invest in a lawyer because when a trial proceeds thats when the cops get technical, however i dont see how they worked out you were going that fast esp on a downhill slope. My advice is to fight it, because the courts hate being tied up with speeding fine bull**** that is what my lawyer said to me, so you go to court the first time you explain it to a judge and they might adjurn it like they did to me, so that i can "work" things out with a prosocuter.
When i returned to court a few months later i had a different judge and prosocuter who then offered to drop all charges just to get it out of the system.
Your best bet is to defend yourself it just sucks how its guilty until proven innocent.
good luck

Also as far as im aware they have to show you their readings, not offer to show you, and even though you didnt admit to the speed he told you, you were doing you still did admit to speeding and the judge will ask the cops what your response was, if you want it to be reduced to 110 then tell the judge that he might take your honesty in saying yes i was speeding but i wasnt going that fast and let you walk with 110...
It can go either way.

krisisdog · 05-08-2007, 07:26 PM

I only stated that I may have been going 110 is becuase it was downhill, and even if I back off completely the car can still acc down the hill.

I'm not getting down for 131kmh, I probably would have copped 110 on the chin, and moved on.

sleekism · 05-08-2007, 07:57 PM

Good old Grafton I visit family there sometimes and theres bastard cops everywhere.

I got done by an undercover Mitsubishi 380 for overtaking on double lines when I was bloody 50 centimetres from the overtaking lines. The cop said he would delay sending out the ticket so I could save up money...........he lied!

I've also had my cap gun confiscated from my car because it was a "weapon"

:

Grafton is absolutely chockered with cops.

I used to visit and there was a HUGE street racing scene with people dragging up and down the main street.

Then some Commodore driver rolled his car and killed himself at Kirchner park and there was a huge stink up.

Grafton is a crazy son of a of a town.

krisisdog · 05-08-2007, 08:28 PM

Quote:

Originally Posted by sleekism

Good old Grafton I visit family there sometimes and theres bastard cops everywhere.

I got done by an undercover Mitsubishi 380 for overtaking on double lines when I was bloody 50 centimetres from the overtaking lines. The cop said he would delay sending out the ticket so I could save up money...........he lied!

I've also had my cap gun confiscated from my car because it was a "weapon"

:

Grafton is absolutely chockered with cops.

I used to visit and there was a HUGE street racing scene with people dragging up and down the main street.

Then some Commodore driver rolled his car and killed himself at Kirchner park and there was a huge stink up.

Grafton is a crazy son of a of a town.

Yeh that about sums it up.

sleekism · 05-08-2007, 08:33 PM

Just a question what type of car was it??

A mate who works just past coutts crossing says he ot done by an XR8 with blue stripes??

One good thing about Grafton is they have a toxic green XR6 Turbo speed camera car can see it from a mile away lol

krisisdog · 05-08-2007, 08:37 PM

That would be the car.

You can see the toxic one, sticks out like dogs...m , but even so, the blue one is pretty easy to pick.

My mate got done by the toxic one through a roundabout, for careless or neg driving I think, and was also accused of speeding, but didnt get done for that.

ef_classic · 05-08-2007, 08:44 PM

I got out of a $500+ fine by writing a letter to my local police station.

krisisdog · 05-08-2007, 08:45 PM

Was it from a ebook or similarly structured letter? Or did you make it up?

ef_classic · 05-08-2007, 08:58 PM

Quote:

Originally Posted by krisisdog

Was it from a ebook or similarly structured letter? Or did you make it up?

I just told my version of events in a hand written letter.

Although mine was not for a speeding fine.

S3SR · 05-08-2007, 09:42 PM

take it up with the police officers from the station that issued it...

or write them a letter is i think 90 days to pay so thats heaps of time

but since the cop pulled you up, they may say why didnt you tell us that when they got you??? i dunno

JAJH · 05-08-2007, 09:46 PM

I would ring a solicitor who specializes in traffic matters and explain the circumstances. He shouldn't charge you for a first visit and if he says you have a case to challenge the fine, particularly if the hill was as you described, get photos of the area, present them to the solicitor and take it to court. But, bare in mind, if you do lose, you will have not only the fine to pay, you will have court costs and solicitor's fees as well.

ED Classic · 06-08-2007, 02:16 AM

Quote:

Originally Posted by krisisdog

He offered to show me the reading, but I just said yeh I believe you..

That will come up in court wont look good for your case, no matter how scared you were. Cops love everyone to have a good attitude and admit fault, makes things much easier for prosecution.

krisisdog · 06-08-2007, 02:29 PM

Heres something I just noticed

(P2 fines etc)
http://www.rta.nsw.gov.au/cgi-bin/in...FormButton.y=0

on there it says I should have been issued a $609 fine, as I was doing 31kmhr over the limit. Instead I got the 15-30kmhr fine (which is fine by me, I guess),which is only $238, and 3 points not 4.
Now becuase they issued the wrong fine, will I get out of it by stating they stuffed up, or get in more crap, eg they send me the correct fine?
__________________

flappist · 06-08-2007, 02:42 PM

Quote:

Originally Posted by krisisdog

Heres something I just noticed

(P2 fines etc)
http://www.rta.nsw.gov.au/cgi-bin/in...FormButton.y=0

on there it says I should have been issued a $609 fine, as I was doing 31kmhr over the limit. Instead I got the 15-30kmhr fine (which is fine by me, I guess),which is only $238, and 3 points not 4.
Now becuase they issued the wrong fine, will I get out of it by stating they stuffed up, or get in more crap, eg they send me the correct fine?
__________________

Yes you will possibly get away with it.

But then, as you have admitted another different speeding offence by statutory declaration, you will be charged by summons, face the beak, be convicted by your own evidence and then shot, well fined and possibly have your licence suspended.

Not such a clever idea.......

DOC · 06-08-2007, 02:47 PM

The only thing i can think of, is you find out what type of radar it was that was used and ask to see the manufactures handbook on its operating proceedures ( that is going to be a tough call in itself as I'm sure they won't just hand it to you but if you were to go to court and it was the basis of the court appearence then in a way you must get the info ( I'm guessing )

The reason for this approach is it is well known that some speed detection devices can not be operated for example if there we a rock wall etc behind the camera as it states in the manual that a false reading can occour, and if the radar was facing down hill this alone would act in a similar way. but i do not know if all systems operate this way hence the operating manual on the equipment used is needed before you jump up and down.

Outbackjack · 06-08-2007, 02:56 PM

Quote:

Originally Posted by DOC

The only thing i can think of, is you find out what type of radar it was that was used and ask to see the manufactures handbook on its operating proceedures ( that is going to be a tough call in itself as I'm sure they won't just hand it to you but if you were to go to court and it was the basis of the court appearence then in a way you must get the info ( I'm guessing )

The reason for this approach is it is well known that some speed detection devices can not be operated for example if there we a rock wall etc behind the camera as it states in the manual that a false reading can occour, and if the radar was facing down hill this alone would act in a similar way. but i do not know if all systems operate this way hence the operating manual on the equipment used is needed before you jump up and down.

Apparently many legal people (solictors etc) have been trying for years to get copies of the operators hand book, with no luck. The cops/governments refuse to make them public..... I wonder why???