Angle on speeding ticket - Advice please.

I recently received in the mail a speed camera fine which charges me with
exceeding a 60 klm/h limit by 24 klm/h.
$250 and 4 points.

However the evidence in the form of a photo of my bike is merely a piece of
black paper with a red glow in the middle and a barely visible numberplate.
Now the road nominated as where the alleged offence took place has both 60
and 80 klm/h limits. As there is nothing reconisable to indicate where the
photograph was shot I assume it is just the word of the cop to prove it was
even in that particular road.

In person-to-cop tickets there is no argument that you are where you are.
But to receive a ticket 10 days later your recollection is not precise you
have to trust that the cop is not trying to screw you.

Does anyone know if this type of defence has been used successfilly before.
"Yes judge I was doing 84. You don't have to prove to me that the camera is
accurate. But judge I was in an 80 zone. Now you prove to me that that
picture was taken in a 60 zone."

Bada.

 

Just pay the fine.

regards,
CrazyCam

 

--
Regards,

Barry

Thanks for your opinion Cam but I did ask for specific advice, not merely
opinions.

Didn't someone important say something once about justice being seen to be
done ?
But I see you go with the guy who told us you can't fight City Hall.

regards
Bada

 

Bada wrote:
you are already lost because the pic is logged to a camera at a
physical location , you have to prove otherwise >onus of proof is yours.

 

Bada wrote:

It was advice.

My opinion is that, if you went to court and said the words you have put
in quotes, especially "now you prove to me", you'd be acting in contempt
of court.

The only way it _might_ work would be if you could be sure that Pat
O'Shae was hearing the case.

Justice has absolutely nothing to do courts of law.

You asked, I answered. <shrug>

regards,
CrazyCam

 

In aus.motorcycles on Sat, 13 Sep 2008 20:47:53 GMT

They don't do hand held cameras in NSW.

That means the cop was in a car, parked by the side of the road.
They'd have been given a place to park, and a set of times to be
there, and all that would be logged.

I've chatted[1] to a poor bored bastard with that job....

So you'd have to show that the police faked the logs and jobsheets and
set the car up somewhere else than where they had stated. Good luck
unless you can find witnesses who can recall the car parked
elsewhere...

Zebee

[1] I'd just fitted the bicycle speedo in place of the Vagueliar
originaly on the hack Guzzi so took the opportunity to ask him to help
me test the calibration. Having someone to talk to, even for 5 mins,
instead of sitting staring at the speedtrap screen was clearly a
wonderful break for him.

 

IMNSHO You have a single ground to challenge it - is the number plate
definitely yours - is there any uncertainty about whether that's a U or
a V for example. Otherwise you're screwed the speed camera legislatio in
Oz pretty much gives you bugger all wiggle room.

Would probably help to know what state you're in, I know WA has slightly
different laws.

I doubt your location defence has legs and I'm pretty sure you'll make
it worse if you try it on, but, <shrug> it's your money licence and
time, do what you think best.

Usual disclaimers, IANAL, advice is worth what you paid for it and
should be treated appropriately etc etc

Go see a lawyer, it's their job to represent your case, so if there's a
loophole (unlikely) a decent one should find it

JL

 

The photo should have the location where the speeding offence took place,
read it and go there with a camera and see if you can duplicate the
location,
then look for the speed restriction signs,
take photos of them , note their location, if you think the info is wrong
on the ticket

This always happens, most times you cannot even recall travelling in the
area

Bit silly even admitting you were over the limit even by a small margin
I went to court to contest a speeding charge and denied that it was me doing
the alledged speed of 125 kph in a 60 kph zone,
even though the copper who pulled me over drew his gun so that I would not
flee the scene
I had the cop beaten because he had no physical evidence that it was me
doing that speed, just his estimation as he could not go faster than 125 kph
at the time because of traffic,
Then the magistrate asked me if I "may have gone over the speed limit a
little bit:",
I foolishly admitted I might have gone over by a couple of kilometres per
hour
If I had not said that, I would have not been fined
If looks could kill, the copper would have got me that day after we walked
out of the court house

The exact location will be on the ticket, check it out.


frosty.

 

Sorry to leave out a significan detail.
It was in Queensland. Perfect one day..... I guess we should be grateful
for that one day. One is better than never at all.

 

On Sun, 14 Sep 2008 00:57:04 GMT, George W Frost wrote:

[...(stuff about doing 125 in a (presumably) built up area in heavy
traffic)...]

Geez, it's a wonder the magistrate didn't throw away the key.

Betcha would've!

 

According to that magistrate I would not have

 

Bit silly even admitting you were over the limit even by a small margin

Drew his gun? where and when was this?

I'm pretty sure they are not allowed to do that!

 

You know they are not allowed to do that
I know they are not allowed to do that
but he did and threatened to shoot me if I moved

I didn't bring it up in court as I didn't think it would do me any good
especially as the copper had all his mates around him

 

the copper was a Aus.moto reader...

mh

 

then why come to a newsgroup?

if you what specific advise, go see a lawyer

mh

 

--
Regards,

Barry

then why come to a newsgroup?

if you what specific advise, go see a lawyer

mh

To answer your question Marty,
I did not tell Cam to stick his opinion where the sun don't shine.
I merely said thanks but I really wanted advice in the form of anecdotes
from the newsgroup contributors as well.

Good advice is more difficult to come by than opinions but I have seen some
great advice and innovative ideas from some intelligent people in motorcycle
newsgroups. Yes some intelligent people do ride. Sometimes you need to
glean through reams before you find them though.

Not all of us only source advice about our bikes from a qualified mechanic.
Often our peers have had similar problems and after the experience their
advice is not different to a "qualified" person.

Same with legal experiences.
Anyway if someone had used this type of defence and it worked or helped then
I would take it on board make the time to consult a solicitor for sure.
Due to my points situation I am just grasping for straws and asking for help
from fellow motorcyclists. Usually we stick together against the normal
people.

I suspect you are from the USA Marty. It is normal practice and good
English in the US to spell "advice" as a both noun and a verb with an "s".
Similar to licence, and defence etc. However only an uneducated dh
Australian would spell "advice" the noun in the verb form "advise".

I am going to Seattle for a couple of weeks in December. What part of the
US are you from Marty ?

Regards
Bada

 

http://tinyurl.com/582q6z

HTH

betty, hoping the tinyurl works

 

On Sun, 14 Sep 2008 06:59:15 GMT, Bada wrote:

[...]

And there you have it folks - show your ignorance of group culture,
insult the regulars...
Then expect people to give you the answer that you want to hear.

 

Have you got your gun drawn Johno?

bundy?

 

this Bada bloke isnt very bright is he?

great biter thou

mh
(uneducated dh Australian)