Tips for court?

Got robbed today by a state funded thief and have decided enough is enough.
I'm looking for some tips on what to expect when I go to court.
I'm going to base my case on the fact that:
1. I don't believe I was going as fast as alledged.
2. The conditions were dubious for any accurate reading.
3. The cop never showed me the radar even though I asked to see it.
4. The cop claimed 79km/h yet wrote the ticket for 15km/h over (50 zone)

The situation was I was going up hill behind a slow car doing about 40km/h
in a 50 zone. Just near the top of this hill, he pulls over to the side of
the road, and I accelerate. within about 3 seconds I see a cop car with
roof-rack mounted radar and so I brake heavily. I'm not sure how fast my 250
can accelerate up hill from 40 but his claim was 79km/h. As I said it was
less than 3 seconds and part of that time I was partially obscured by the
car in front. His car was stationary so had no way of 'pointing' the radar.
What's to say there wasn't a dodgy reading from the radar reading the
difference in speeds between two objects that from the radars viewpoint
occupied the same space?
I'm thinking the radar would've picked up mr slow coach, as I he veered off
and I came around him the radar has assumed it's the same object, guessed an
incorrect speed because it hasn't had time to lock in an authentic speed,
and hence the cop has just made a rough guess. Sound plausible?

I don't need any advice on copping it sweet, if I get caught fair and square
I pay as I've paid dozens of times before.
This one I will fight, and I willing to risk losing just for the experience.
Any advice is appreciated.

 

X-No-archive: yes
Uncle Bully wrote;

Try and remember every word you said because he'll have a record (or
recording) of it.
See if you can write down the whole encounter now while it's fresh in your
mind.
Try to think of any loaded questions he may have tricked you with like "do
you have any reason for speeding?" (to which a "no" response is an admission
of guilt).
Good luck
Clem

 

Why did you break heavily? id leave that bit out in a court room if i were
you.
try this... might get somthing good out of it.

http://www.helpigotaticket.com/

Cheers

Mick

 

Instinct. I do it even when I'm under the limit. See cop = Brake. I can't
help it.

 

your opinion.... based on what expertise?

your opinion... same

so you say

there is probably provision for that... yet you`res is still only an
unsupported
allegation

There have over time been numerous opinions put forward on this ng
about such situations.
I had a go about 12 months ago defending myself and had a bit of a shock!
I'm speaking from my experience in a Vic. magistrates court.

1st question... do you have the spare cash to risk? if you loose ... most
probably will, the fine can be considerably more than the set one, I
aslo
suffered 14 days licence suspension.... stood to loose 3 pts and $165.
did $250 and 14 days loss. Even if you get legal representation, there
is a need to factor in that cost just for the sake of principle.

advice... learn about how the cases proceed. I ignorantly made an
assumption in that regard which was WRONG! You get one chance to
set yourself up... if that chance is not taken... you miss the boat. i.e.
when
the prosecution adresses his honour with the case against you, in your
cross examination of him, you must lead him into areas of relevance he
has not ventured... if you`re good enough, and if you`re permitted. You are

only able to defend yourself against what evidence is provided against you
to the court... what is written in the brief of evidence, or what has been
spoken elsewhere is of no account.
I had a large file including photographs, calculations, technical data... I
even
wanted to challenge the way in which the ticket had been filled out, as it
was not in accordance with the legislated requirement.
Hmmm, not being an expert at this, and after having been warned by his ??
about whether I should even bother to take the stand... I got a big shock
when
apon opening the file was asked: "and what are you doing there??".... NO,
you can't do that ( it appears that the your address to the court, has to be
all off the top of your head ) Me thinks, F$*& !! what do I do now, so
somehow I manage to make a forlorn statement that was hardly worth the
effort, and suffer the consequences accordingly. I claim that I was set up
by 2 cops and believe that I have the evidence to back me... but I wasn't up
to presenting it, even then it was 2 against 1, and the system is not made
to
protect the innocent.
Buy a slab and get pissed and forget about it... don't get into trouble, or
get
too crook... that will be better in the long run Next time that you are
sitting
in the quiet on the shithouse or whatever, spare a thought about the
concept of innocent until proven guilty, your right to defend yourself in
the court ( not in the Fed. constitution?), and the crap about democracy
(compulsory preferential voting??), and then you might bother to go and
buy another slab.
Rockit

 

Dude I'd challange it.

There was a story on a current affair about them the other day about the
innaccuracy of them especially on anything but a flat roads, signs
reflecting etc.

If you look on the ACA website the link to fighting them may still be
available.

Cheers

 

Got robbed today by a state funded thief and have decided enough is enough.

Go with a defence of yor stupid.

Just pay the money, you wont win... you just lose out on a days pay as
well.

 

I Agree.

 

I can see it now... aahh yes your honour, but I saw Ray Martin and he said
that...
I hate to be negative but I wouldn't bother with the stress of having to go
into a court room... again.
id much rather just pay the fine and that be that.

but good luck to you (the OP) if you decide to go to the courts.

 

You agree what ?

Nev..
'03 ZX12R

 

aaah that paragon of virtue and honest reporting, while you are at get today
tonight to give you a hand as well

 

it's always good to believe what you are fighting for

The manufacturers of the radar equipment will have secified correct operating
procedures etc for their equipment. The police probably also have their own
operating procedures for the radar equipment. If you want to question the
accuracy of the radar equipment you'll probably have to provide evidence that
the cop using the radar was not using it in accordance with police and
manufacturer approved procedures. "I reckon" probably won't make the grade.

What did he refuse to show you? If he alleged it said 79, and then charged
you with 65, did you ask for proof that he clocked you at 79, or at 65?

You if you've been charged with doing 65kph in a 50kph zone that is the charge
you must defend, so forget that 79kph was ever mentioned.

So you'll go to court and tell the truth.. which will sound quite plausible.
Good luck...

"Were you speeding"
"No"
"How fast were you going"
"I don't know"
"...how do you know you were not speeding"
"because I was behind a car"
"...a turning car which you overtook"
"yes"
"...and motorcycles can accelerate quite quickly can't they.. I saw one this
morning on my way to the court who accelerated very quickly when the lights
turned green"
"no, mine is a 250"
"So you were riding at 40kph and overtook a turning vehicle"
"Yes"
"...and you accelerated when you overtook the other vehicle"
"yes"
"...and you saw the police car stationary ahead and braked heavily"
"yes"
"...and you were not speeding"
"no I was not speeding"
"...and you braked heavily when you saw the police car because you were not
speeding"
....

Nev..
'03 ZX12R

 

Welcome to my world.
Same shit, different day.

Agree

JB
We live in a fair and democratic world, so long as everyone plays by the
rules. Unfortunately, the rule makers are not playing by the rules.
(Pill time again)

 

Zaphod? Is that really you? Where you bin all this time?

Cheers

 

Milliways?

Moike

 

Probably

He was a regular poster up to 4 years ago
http://evilurl.com/JUGSJUGSBAGANAL

But of course it could be someone else using that name ...

Cheers

 

Could be the other head.

-----sharks

 

the guy in front of you sitting up high with the funny hat

he's important , be nice to him

 

He agrees, SIR!

 

Challenge it.

If you don't get a court date in 12 months, you get off scott free. [1]

If a date gets set, just send in a guilty plea. You will not win, and a
guilty plea won't get you any worse than the ticket (plus $x court costs).