Speeding fine...what to do??

Hi all,

Just a quick question about speeding fine.

I got pulled over by 2 detectives claiming that I was doing 160km/h but I
looked on my speedo and I was doing 136km/h at the time.

I have been fined $440 & 12 months license suspension.

Is it worth fighting in court. Also I did not admitt to anything at the
time. Got fine in the mail a week latter

Anyway...any advice would be great.

Cheers,

El.

 

If there was no radar or other speed measuring device involved, a lawyer
should be able to help. Talk to one.

 

For a start dont admit to speeding at all anywhere.

If you told them you were only doing 136 (in a 100 or 110 zone) you admitted
to speeding and you are done (they may have recorded the conversation using
a small pocket dictaphone, it has happened to me).

Seek legal advice.

Fight it.

Boxer

 

Refuse to pay. Enjoy the free accomadaton and sex life.

 

whats the difference in fine between 160kmh and 136 kmh?

mh

 

what state, if in nsw, they changed the SOPS, only speed detection equipment
can be used, radar/lidar police certified speedometer (its a special unit)
which is only used in highway patrol..

12 month suspention, id try and fight it, especially if you know your right,
and dont pay it, if you pay it, its an admission, so your screwed if you pay
it and take it to court.

depending n the magistrate, he can lower or increase teh penalty. he may
give you a 1000 fine but only 3 month suspention...

 

Thanks for that. I didn't verbally say anything at the time. So there
should be nothing recorded from my end.

Cheers,

 

It is illegal for them to make a recording of you without your
knowledge and permission (which must be actually recorded onto the
tape). Then, they have to make 2 copies of that tape. One for their
files, one goes to archives and the other goes to you.

The problem is, they have made notes in their field notebooks. That's
how they remembered your Rego, location details etc. What they have
also recorded is the fact that you told them you were only doing 136
Km/h. If the 2nd dective has followed procedure and signed his
partners notebook after your admitted to the 136, it is your word
against 2 detectives.

What's the difference between 160 and 136 penalty wise? What was the
speed limit for the area? You could always fight it in court, but,
remember, the magistrate has the discretion to increase the penalty,
award court costs aginst you, and police can ask for professional cost
reimbursement which is from memory $300 per person (ie 2 detectives
and one prosecutor).

Good luck with it though.

 

Hey Greg,

I did not admit to doing 136km/h. That's just what I saw on my speedo as
they pulled me over. It was 100km speed zone.

 

That's actually incorrect - or at least the bit about it being illegal
for them to video you is.

Recent changes to the legislation have made it permissable for NSW
police to use in-car video at all times, without consent, for every
traffic incident they attend.

http://www.news.com.au/common/story_page/0,4057,11626742%5E1702,00.html

The legislation is already in force, and the cameras are being installed
if they're not there already.

DaZZa

 

Only if your that way inclined

 

: Greg <> mumbled:
: > It is illegal for them to make a recording of you without your
: > knowledge and permission (which must be actually recorded onto the
: > tape). Then, they have to make 2 copies of that tape. One for their
: > files, one goes to archives and the other goes to you.
:
: That's actually incorrect - or at least the bit about it being illegal
: for them to video you is.

He was talking about voice recording on cassette tape, not video installed
in the Police car. Audio recording is not admissible in court unless
recorded with prior approval (including a warrant, or assent by the alleged
perpetrator).

P

 

No its not, it happened to me and was presented in court as evidence, I
objected and was told by the magistrate it was legal.

In Queensland ?

Boxer

 

In NSW they can legally record you any time, without your permission or
knowledge, it just can't be entered as evidence.

But that doesn't stop them recording you, and then essentially copying the
tape word for word into their police copy of "the facts" and then tendering
that as evidence.

 

Get a lawyer. And a specialist traffic one at that.

If you do not have a lawyer, you have bugger all chance of winning.

If you do have a lawyer, it's still about 1 in a million.

 

Speeding fine...what to do??

Pay it

 

A good start would be telling us which state you're in since every state has
different laws.
Beware that the rules change when you go to court. I suggest you find out
what day is traffic infringement day at your local court and see how they
treat speeding tickets there. My experience was that they don't like it one
bit, and to get off it is not your word against theirs, you have to actually
prove that you weren't speeding. Since this is near on impossible, most
defendents lose, and they lose their licenses too as the court has a higher
penalty system than the cops on the street.
It was quite funny to watch person after person have their license taken off
them. Professional legal advice would be a good start if you intend to go
own this road.

 

Yes, apparently all jail cells have a backdoor .

 

The froffy beer award goes to MB and the other dudes who agreed with
challenging it. Unless you know you're guilty as **** then karma will
be odds on anyway.

 

I didn't mention anything about video. I was referring to someone
elses reference of a dictaphone hidden in a pocket. Video has been
legal in a public or open private place for quiet sometime. But to
record a voice(s) without prior knowledge and consent isn't.