Speeding fine...what to do??

Discussion in 'Australian Motorcycles' started by El, Dec 26, 2004.

  1. El

    Greg Guest

    Maybe different in Qld then, but I would be surprised, as it is not
    allowed in NSW or under Military law. Though, I have noticed in the
    US, their in car police cameras also have sound recording....
     
    Greg, Dec 26, 2004
    #21
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  2. El

    Greg Guest

    If the tape is not admissable as evidence, than neither is the
    statement. The tape cannot be be brought forward as it is an illegal
    recording, therefor any evidence supplied by that tape ie the
    statement made by the police, is inadmissable.
     
    Greg, Dec 26, 2004
    #22
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  3. El

    Greg Guest

    Tell them you were riding a girly moped. Maybe that way they'll send
    you to a womens institution.
     
    Greg, Dec 26, 2004
    #23
  4. El

    alx Guest

    Great! Even better! Cellbuddy with some hairy-backed sheila dyke named Mavis with a strap-on!.
     
    alx, Dec 26, 2004
    #24
  5. El

    John Guest

    Bullshit Conehead... we all know you can't count that high.... Smack
    said you had no nuts~

    Johno

    Beer mate?
     
    John, Dec 26, 2004
    #25
  6. El

    Boxer Guest

    In Queensland it is apparently (unless the Magistrate was lying) my advise
    is when talking to a Cop assume you are being recorded and you will be OK.

    Boxer
     
    Boxer, Dec 26, 2004
    #26
  7. No, you missed the point.

    Copper tapes your conversation, and then somehow, can miraculously recall
    everything that was said, word for word and without the need of the tape,
    for his statement.
     
    James Mayfield, Dec 26, 2004
    #27
  8. El

    Conehead Guest

    <drops pants, counts fingers, toes, nuts, heads>
    24?
     
    Conehead, Dec 26, 2004
    #28
  9. El

    Mad Biker Guest

    You have the option to take it to court for a reason, why not use it..
     
    Mad Biker, Dec 26, 2004
    #29
  10. El

    Nev.. Guest

    The cop doesn't have to let anyone know by what means he recalled the
    conversation when he wrote it down in his notebook.

    Nev..
    '03 ZX12R
     
    Nev.., Dec 26, 2004
    #30
  11. El

    Nev.. Guest

    Never mind the fine.. it's the length of suspension which he probably wants to
    argue about. 36kph over is probably only 4 or 6 months. The fine for
    exceeding the NSW limit by 30-45kph was $317 in 1996... and fortunately for me
    no suspension at that time.

    Nev..
    '03 ZX12R
     
    Nev.., Dec 26, 2004
    #31
  12. El

    Stan Gifford Guest

    Damn good advise - look how John Singleton got off!

    Stan
     
    Stan Gifford, Dec 27, 2004
    #32
  13. El

    Stan Gifford Guest

    Incedently I cannot find the court transcripts but this is the hansard
    trasncript of some questions that were asked about John Singleton in NSW
    Parliament!



    JOHN SINGLETON SPEEDINGNext Hit OFFENCE PENALTY

    Reverend the Hon. F. J. NILE: My question without notice is directed to
    the Attorney General. Is it a fact that John Singleton - a prominent
    advertising media millionaire - was recently charged by the New South
    Wales Police Service for driving at 165 kilometres an hour on a New
    South Wales road? Is it a fact that a magistrate treated Mr Singleton as
    a first offender and recorded no conviction, fine or loss of points? As
    this amazing decision has clearly undermined the road safety campaign in
    New South Wales, will the Attorney General conduct a review of this case
    and request the Director of Public Prosecutions to appeal the decision?

    The Hon. J. W. SHAW: As I understand it, the decision of the court -
    that is, the learned magistrate, Mr Williams - in Mr Singleton’s case
    was to dismiss the charges under section 556A of the Crimes Act 1900 and
    Mr Singleton was ordered to pay court costs. Mr Singleton has had, as I
    understand it, four minor infringements in more than 40 years of
    driving. Section 556A of the Crimes Act allows a sentencing judge or
    magistrate, when an offence has been proved, to dismiss the charge or to
    place the offender on a bond, having regard to the character,
    antecedents and mental condition of the offender; to the nature of the
    offence; to the extenuating circumstances under which the offence was
    committed; or to any other matter the court thinks it proper to
    consider. In other words, judicial officers have a broad discretion when
    they find the charges proved and they can dismiss them pursuant to
    section 556A of the Crimes Act.

    I do not have any adverse comments to make about the exercise of the
    magistrate’s discretion in this case. Of course, if the police believe
    that the penalty imposed is inadequate, they can refer the papers to the
    Director of Public Prosecutions to consider lodging an appeal. I have
    seen the comments of the magistrate on sentencing, and did not see
    anything untoward in the reasoning process or the exercise of
    discretion. The mere fact that some honourable members may have
    exercised their discretion in a different way if they were the
    magistrate is not the point.

    The Hon. D. J. Gay: It would not happen to me.

    The Hon. J. W. SHAW: I know nothing about the driving record of the Hon.
    D. J. Gay, so I make no comment about that. Obviously, if individuals
    have difficulty with the decision, they can take steps that are open to
    them to deal with it. I do not propose to take any steps in relation to
    this decision by the magistrate.
     
    Stan Gifford, Dec 27, 2004
    #33
  14. El

    Marty H Guest


    thats the point I trying to make, if he has to go to court, he is "probably"
    going to have admit to 136kmnh, if its the same fine/suspension, why bother?

    but if 136 is only 3 months, then go for it

    Marty
     
    Marty H, Dec 27, 2004
    #34
  15. Greg said....
    Can you point us to the relevant regs/legislation for this?
     
    Martin Taylor, Dec 27, 2004
    #35
  16. Greg said....
    Yeah, apparently TV stations have been doing it for a while now,
    particularly when producing the news....
     
    Martin Taylor, Dec 27, 2004
    #36
  17. El

    Marty H Guest


    a very interesting thing came up while I was going through my family law
    court shit about phone recording

    placing one of those suction mic on the handpiece or any other tapping
    devise and not telling the other person you are recording, cant be used as
    evidence, but if you inform them,of course it can be used as evidence

    here is the pearler

    if you put the phone on hands free and then tape the phone call using a
    microphone external to the telephone, it is not officially tapping and can
    be used, something to do with you are legally recording and the phone call
    just happens to be picked up...yup, loop hole for everything

    I have a document lying around about this, it happened in QLD and the call
    was used in evidence in the *Family Law Court* (they do work a little
    different to other courts)

    Marty
     
    Marty H, Dec 27, 2004
    #37
  18. El

    DaZZa Guest

    Read the article reference I posted.

    It specifically states that the in-car video systems are now permitted
    to have the microphone {which records the conversation outside the car
    as well as background noise etc} left on at all times.

    Previously, police had to switch the microphone off once they left the
    car unless permission was given, as you stated.

    DaZZa
     
    DaZZa, Dec 27, 2004
    #38
  19. El

    DaZZa Guest

    This is a direct quote from the newspaper article I mentioned earlier in
    the thread

    ===
    And legislation passed by the NSW lower house last night will guarantee
    police can record and use all audio and video of contact with motorists,
    he said.

    "This technology will enable officers to record every minute on the road
    for operational, safety and prosecution purposes," Mr Watkins said.


    Previously, officers had to switch off the microphone and rely on video
    if a motorist objected to their voice being recorded.

    "This legislation takes away that option for the motorist, ensuring the
    best result for operational tactics and boosting officer safety," Mr
    Watkins said.

    "The technology also protects police and members of the public against
    unfounded allegations of improper conduct and behaviour."

    Mr Watkins said police would not secretly record motorists, but would
    inform them during vehicle stops that their conversations were being
    taped.
    ===

    Now, unless you'd like to pull out the "So who'd believe the media"
    line, the story pretty conclusively states that the police WILL record
    both video and sound at all times, through every minute of the road
    patrol, legally and 100% above board.

    They do, however, have to inform people they are being recorded, but
    that does not make it illegal to do so - not any more.

    If you wanna read the whole bit from parliament detailing the amendments
    , then it's here

    http://evilurl.com/queefFECESSHIT

    DaZZa
     
    DaZZa, Dec 27, 2004
    #39
  20. El

    DaZZa Guest

    On the contrary, it is now legal.

    http://evilurl.com/queefFECESSHIT

    Details the amendments to the relavent amendments to the law in NSW.

    DaZZa
     
    DaZZa, Dec 27, 2004
    #40
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