Just got caught speeding, but wasnt speeding. please offer advice???? - Page 3

Laminge · 26-04-2009, 01:42 AM

I'm surprised that the law in Victoria has so many variants.......... /slap!

GT014 · 26-04-2009, 02:21 AM

Theres a bit of misinformation on here. Just to clear a few things up,

1. Fines can be sent via mail (as can summons for traffic matters [dependant on circumstances])

2. His estimation is a common practice. By following you over a certain period, if his speed is 80km/h and he is mintaining an even distance behind you, then your speed is 80km/h (+/- few kms)

3. If its a Laser, they dont have to show you the laser, but if you ask, theres no reason why they cant, but its not a must.

4. Every car has a computer and your details will be on that,so if he checked the car and was registered in your name, then he would have had a quick look at your licence to see if it was the same name on the computer.

If the car isnt registered in your name and didnt write down your details, then you have nothing to worry about, as you wont get a fine.

Rodp · 26-04-2009, 05:43 AM

Quote:

Originally Posted by rosco426

Estimated speed? Our lawyer had a court room laughing when he said "Ladies and Gentlemen, what we have before us here is a Human Speed Detector" or something along those lines.

If you are going to take it to court and defend yourself, just keep asking to adjourn. Officer has to take a day off to go to court without pay, do that a few times.

All trained Highway Patrol officers are human speed detectors. It's their job... and to suggest that they have to take an unpaid day off to give evidence in court, are you nuts?!

**GasoLane** · 26-04-2009, 10:39 AM

Quote:

Originally Posted by Rodp

All trained Highway Patrol officers are human speed detectors. It's their job...

I'm hoping this is sarcasm.

Rob's 76 Effy · 26-04-2009, 10:51 AM

Quote:

Originally Posted by rosco426

Police also have to be in full uniform (hat included) and must be wearing a yellow vest when stepping out of the car, otherwise the are breaking their OH&S and that is another foot you can stand on.

Good luck using that as a defence in court, Must be a Vic thing, never seen that ever in NSW unless it's a RBT blitz, but what i have notice over the last 12 months is that cop cars are now pulling up 1/2 a car width wider than the car in front, not sure if this is for the new camera evidence or to protect the officer from getting hit

Ozfords · 26-04-2009, 10:54 AM

Quote:

Originally Posted by Explorer_Me

Good luck using that as a defence in court, Must be a Vic thing, never seen that ever in NSW unless it's a RBT blitz, but what i have notice over the last 12 months is that cop cars are now pulling up 1/2 a car width wider than the car in front, not sure if this is for the new camera evidence or to protect the officer from getting hit

It's been like that for a long time, it's to allow a corridor of safety along the drivers side.

Ozfords · 26-04-2009, 11:03 AM

Quote:

Originally Posted by rosco426

Estimated speed? Our lawyer had a court room laughing when he said "Ladies and Gentlemen, what we have before us here is a Human Speed Detector" or something along those lines.

If you are going to take it to court and defend yourself, just keep asking to adjourn. Officer has to take a day off to go to court without pay, do that a few times.

Rosco are you for real? Are you actually reading what you are typing? Have you thought out what you are saying?

A Human Speed Detector? What are you referring to? I understand that if a cop stands on the side of the road and guestimates the speed, you can use that defence, but heck if a cop goes that far then there is something really wrong with the prosecutor. A cop can read the speed read out on their dash and go on to issue a infringement or charge. Calibrated or not, but if it is not calibrated then a large margin for error needs to be built in.

Of course cops get paid to go to court!! Keep on asking to get it adjourned? Are you alright? Try that with the wrong magistrate and he'll verbally castrate you unless you have a REAL reason.

Rosco, are you typing up joke responses? Are you from a renegade state in Australia we never heard of yet? Please either research your reply's to this thread or put a disclaimer on them like: "I think so, but I'm not sure."

CPOCSM · 26-04-2009, 11:03 AM

Quote:

Originally Posted by svo347

I have a brother in law in the force, i asked him the same and he assures me (in WA) that the fine must be given on the spot, you must be shown the speed on the radar. I just asked him on msn

Might be the case in WA but the police can issue you with an infringement notice purely on the reading on the car. The car has their speedo which is tied to the camera all cars have in them. The speed is read on the chronometer - type device and therefore can be used as it is recorded for this purpose. This was the way the NSW and QLD police whnt before speed guns became widespread.

At the endo f the day you have to dispute it and all I can say is be careful as if you do dispute it and lose(assuming an infringement comes in the mail), you will be up for all court costs, including the registrar fees

Two cents worth...

**GasoLane** · 26-04-2009, 11:06 AM

Quote:

Originally Posted by Explorer_Me

but what i have notice over the last 12 months is that cop cars are now pulling up 1/2 a car width wider than the car in front, not sure if this is for the new camera evidence or to protect the officer from getting hit

It's always been that way in NSW.

They get taught to park like that at the academy, it's to supposedly protect the officer from traffic.
Even if it means that they park on the fog line so traffic has to cross the centre line to avoid them.....It's even more fun if you're driving a Truck and there's oncoming traffic!

I've had many an 'interesting' conversation with HP officers about this.

svo supporter · 26-04-2009, 11:38 AM

Quote:

Originally Posted by dazbug

4. Every car has a computer and your details will be on that,so if he checked the car and was registered in your name, then he would have had a quick look at your licence to see if it was the same name on the computer.

.

Why is it that they always take my licence back to the car and do a check up on me, when the cars registered to me? The check they do is to see if the licence is valid and they don't want me for a warrant. That's happened in S.A, VIC, NSW AND QLD. Haven't been to the other states yet to be pulled over.

All the same, if a fine was going to be issued, it would have been done on the spot.

jaydee · 26-04-2009, 01:05 PM

Hey xtreme, just out of curiosity, what were you doing in the minutes leading up to being pulled over?
It wasn't a case of a quick burst through the gears from the lights then backing off or something.
Or were you in a line of traffic and had been for some time when you got singled out and you were just the unlucky one.

Rob's 76 Effy · 26-04-2009, 01:51 PM

I think if you take it to court how your going to prove you weren't speeding, especially if you have been done for speeding before

svo supporter · 26-04-2009, 06:52 PM

I think the cop was just having a bad day and decided to take it out on someone. If no ticket was issued on the spot, I doubt there'd be anything to worry about. The only thing I can see here, it's a good discussion about taking it to court and wasting a heap of money. Or how coppers operate, which is impossible to figure out.

Keep it up as I'm having a good laugh at it all

rosco426 · 26-04-2009, 07:20 PM

Quote:

Originally Posted by Ozfords

Rosco are you for real? Are you actually reading what you are typing? Have you thought out what you are saying?

A Human Speed Detector? What are you referring to? I understand that if a cop stands on the side of the road and guestimates the speed, you can use that defence, but heck if a cop goes that far then there is something really wrong with the prosecutor. A cop can read the speed read out on their dash and go on to issue a infringement or charge. Calibrated or not, but if it is not calibrated then a large margin for error needs to be built in.

Of course cops get paid to go to court!! Keep on asking to get it adjourned? Are you alright? Try that with the wrong magistrate and he'll verbally castrate you unless you have a REAL reason.

Rosco, are you typing up joke responses? Are you from a renegade state in Australia we never heard of yet? Please either research your reply's to this thread or put a disclaimer on them like: "I think so, but I'm not sure."

I stated in my first post this is what I have heard. I can't be stuffed arguing but this is what i have been told.

Joke? No, somebody asked a question and am giving a response. It is up to his discretion whether the asker of the question decides to do take it on board or not. I can't really be stuffed replying to what you said because it would cleary waste everybody elses time as well as well as my own.

To suggest I am from a renegade state is something that I take office too. When I have been fined I have never argued a fine once, not that I have had many to argue.

Good to know that as an officer, you can instantly assume that I am some sort of law hating person of soceity.

4Vman · 26-04-2009, 07:40 PM

Quote:

Originally Posted by rosco426

I stated in my first post this is what I have heard. I can't be stuffed arguing but this is what i have been told.

Joke? No, somebody asked a question and am giving a response. It is up to his discretion whether the asker of the question decides to do take it on board or not. I can't really be stuffed replying to what you said because it would cleary waste everybody elses time as well as well as my own.

To suggest I am from a renegade state is something that I take office too. When I have been fined I have never argued a fine once, not that I have had many to argue.

Good to know that as an officer, you can instantly assume that I am some sort of law hating person of soceity.

You don't by chance drive a ute with gun racks?

xtreme · 26-04-2009, 08:15 PM

Quote:

Originally Posted by jaydee

Hey xtreme, just out of curiosity, what were you doing in the minutes leading up to being pulled over?
It wasn't a case of a quick burst through the gears from the lights then backing off or something.
Or were you in a line of traffic and had been for some time when you got singled out and you were just the unlucky one.

there is a set of large roundabouts that i drove through prior. it is near a cop shop. i drove through fairly fast (not reckless or dangerous), but not needing to give way as it was all empty. I assume he must have seen me as i went past and saw big mag wheels and decided to pull me over. when he put his lights on, he was so far back (and down a hill), that i could hardly see him. i looked at my speedo, whch read 60...

i assumed he was just going to overtake me on his way somewhere else, so i didnt even slow down. he came speeding up to me so fast, it looked like he was doing something like 100. he never sat behind me at all to estimate my speed. he accelerated all the way from the start of the street until he almost rammed the back of my car.....i dont remember the last time i saw a car accelarate so fast!!!! he reeled me in so quickly.

rosco426 · 26-04-2009, 08:17 PM

Quote:

Originally Posted by 4Vman

You don't by chance drive a ute with gun racks?

Would never have a ute, drive concourse cars, not in to anything like that.

xtreme · 26-04-2009, 08:25 PM

since he was at the bottom of a hill when he allegedly caught me, i might use the defence that looking at objects at the top of a hill, especially if there is bright lights, the object appears much closer that it really is.....i could try saying his judgement was impaired by this effect, and pull out one of my engineering textbooks???

4Vman · 26-04-2009, 08:46 PM

Quote:

Originally Posted by xtreme

since he was at the bottom of a hill when he allegedly caught me, i might use the defence that looking at objects at the top of a hill, especially if there is bright lights, the object appears much closer that it really is.....i could try saying his judgement was impaired by this effect, and pull out one of my engineering textbooks???

If that's your strategy my advice is dont defend yourself.. if its a cheap fine just wear it and slow down next time....

gz1 · 26-04-2009, 09:08 PM

Quote:

Originally Posted by Ozfords

Anyhoo, speed checks done via a calibrated or not calibrated speedo (with a large margin for error built in) still occurs to this day unabated. The lesson is kids, don't speed. Or if you believe you weren't, get a lawyer and elect to take the matter to court. Easy as 1 2 3.

Quote:

Originally Posted by 4Vman

If that's your strategy my advice is dont defend yourself.. if its a cheap fine just wear it and slow down next time....

That the general equation. get done and your'e up for a large cost regardless if you were speeding or not. Take to court and win and you get off the fine but still have to pay your costs. Loose and you get the fine plus your costs plus other court costs. ANd if you are (un)lucky enough to live in the state of NSW where the RTA rules, even if you win you still loose your demerit points. That's right folks even if the court says not enough evidence to convict case thrown out, the RTA still deducts your demerits and there is nothing you can do about it.
Methinks we are rapidly approaching communist era comrades ;-)...

GT014 · 26-04-2009, 09:10 PM

Quote:

Originally Posted by rosco426

If the radar gun has a calibration date older than one year from the data of the offense, you can argue that the reading could be in-correct.

Police also have to be in full uniform (hat included) and must be wearing a yellow vest when stepping out of the car, otherwise the are breaking their OH&S and that is another foot you can stand on.

Please tell me these are a joke. Radars are rarely used in Vic these days (mainly country areas use radar as you cant use them in built up areas), and even if they were, before each shift the certified date is checked before they sign the radar or Laser out.

The hat thing, LOL, i wont even comment on that, ridiculous.

Yellow 'should' be warn but doesnt have to be if not suitable for the type of duties.

OH&S matters have nothing to do with evidence about the offence.

End of the day, if you weren't issued with the fine on the day fo rspeeding, your unlikely to get it in the mail. It still can be mailed, but is rare for speeding fines (especially if pulled over from traffic police)

nitroman · 26-04-2009, 09:40 PM

Get onto www.aussiespeedingfines.com pronto and get their book and disc that will show you the correct course of action to get out of trouble. You have done the right thing in denying you were speeding so legally the cop doesen't have a leg to stand on. It's all revenue raising bulldust so learn your rights as an Australian motorist before they rob you!

4Vman · 26-04-2009, 09:46 PM

Quote:

Originally Posted by nitroman

Get onto www.aussiespeedingfines.com pronto and get their book and disc that will show you the correct course of action to get out of trouble. You have done the right thing in denying you were speeding so legally the cop doesen't have a leg to stand on. It's all revenue raising bulldust so learn your rights as an Australian motorist before they rob you!

oh dear my sides...!

nitroman · 26-04-2009, 10:02 PM

Well it worked for me....

DIFFWA · 26-04-2009, 10:12 PM

ok answer this question, what would you rather...... A) a $135 speeding fine or B) around $800 in court cost just to defend that fine?? , why risk getting an ******** judge that is having a bad day, if you are about to lose your licence and need it for your job, then go for it, but its just a speeding fine wear it and yeah slow down a little.

My 2 Cents......
Ben

xtreme · 26-04-2009, 10:47 PM

it isnt the money, it is the 3 demerit points i will lose, maybe more if i get booked for going over 20k's....i know legal aid is free, but do you still have to pay court costs even if you win?

I'm also a bit worried that if i get booked for 25k's, that is loss of liscence

xtreme · 26-04-2009, 10:51 PM

Quote:

Originally Posted by 4Vman

If that's your strategy my advice is dont defend yourself.. if its a cheap fine just wear it and slow down next time....

that was only a joke....there is no way anyone would be stupid enough to try that as a strategy to try and get out of a fine...

but like i said, he never sat behind me at a constant speed. He was driving so fast all the way until he was right behind me, when i instantly pulled over

svo supporter · 27-04-2009, 12:35 AM

Is there anyone on here that's actually a qualified lawyer? If so, here's an opportunity for some extra money.

If anyone on he is actually a copper, could they please put this to rest.

There is so much bulldust flying over this subject, it's getting rather boring.

How many years ago did you get pulled over? If it was over a week ago, forget about it, as the fine ain't coming. All the rest of the bull that's flying around about it, is exactly that. I'd go to sleep now and forget it ever happened.

Rodp · 27-04-2009, 05:50 AM

Quote:

Originally Posted by GasOLane

I'm hoping this is sarcasm.

No, why would it be?

They're considered experts in their field of speed detection in the eyes of the court.

**GasoLane** · 27-04-2009, 09:20 AM

Quote:

Originally Posted by Rodp

No, why would it be?

They're considered experts in their field of speed detection in the eyes of the court.