Fighting a speeding fine

[ossie_21]

I've searched but can't quite find anything like what I need to know...My CSB:

In the bunky Corolla coming home from a night out (just then), heading from Marmion Ave down Reid Hwy eastbound. Start coming down the big hill past Duffy Rd, foot off the accelerator when I notice a car sitting on the side of the road near the bottom, presumed a cop as I have seen them here quite a few times. Sure enough signaled to pull over & I do.

Got told they heard me from a mile away & asked if I knew the speed limit, which I said I did (70). Cop shows me the gun reading 86. I know I wasn't doing 86 as when I noticed the car I instinctively looked at the speedo, and the needle was below 80 so I wasn't even worried, and thought they would just give me an RBT as there wouldn't be too many people on the roads at 3:30am. So obviously I started to become pissed off after I tell them this & they just refer to the speed on their guns. (one said he had me at 85)

Just to cap things off they gave me a yellow sticker before the bonnet was up simply on the exhaust noise, but out of all of this it's just the points I care about. I've had 2 fines in about 7 years of driving, 1pt about 5 years ago & 2pts I'll get back in a few months, both for about 12kph over with multinovas. This is the first time I've been pulled over for "speeding"...believe it or not.

So I'm just wondering if it's worth the fight to take it to court?? Calibration certificates could be easily made up if I asked for them (guessing I should have asked them as it happened), but is it worth fighting?? They accused me of my speedo being out too, is there any way I can get that checked so I can take that to court to prove it wasn't out? I understand there's nothing much right now other than word against word, but at the moment it's alleged I was speeding, they have to prove I was but I hope to be able to prove I wasn't.

And for those that will say man up/you were speeding admit it/just pay it etc etc, piss off & don't bother cos I know all the times I haven't been caught, but I don't see this as "making up for it". If I'm in the wrong & caught I'll admit it, but this time I wasn't. If I'm not caught then too bad, but I don't want to take it up the arse just to make some guy's quota!

[TheChad]

fighting speeding fines takes heaps of effort. it can be done, and you stand a good chance if you get enough evidence behind you / are lawyered up enough.

there are so many points you can argue, firstly they have to allow a certain tollerance due to certain things like speedos may be one or two out, you can argue your seating position for another, its all about the angle of view (these points wont save you, but more evidence is better). obviously there is the point to argue about the hill etc. as well as the tollerance that the gun itself may be out a little, depending on when it was last calibrated. there are points to be made about exactly how the gun was pointed, its possible it originally hit a part of your car further back but moved forward over the body, making it seem like your speed was higher. all points that some science guy could make in court...

go get photos of the area, marking where you were, where they were, and the road conditions as well as traffic conditions

you will need expert advice, official research, as well as a decent amount of luck, but can be done for just about any hand held situation, especially if the situation is as you discribed.

i am not a lawyer, i havent ever had the need to fight one like this myself, however a good friend was able to fight out of a similar situation himself. like him, you should, with enough effort, be able to prove a few kms need to be taken off, if you could get it below 10 you could get away with just a fine and no points...

[Fukushima]

ask kael how he went about fighting his... though he had a few more fact in his favour eg bend in the freeway, plenty of traffic etc

[Lump]

I know I wasn't doing 86 as when I noticed the car I instinctively looked at the speedo, and the needle was below 80 so I wasn't even worried

Just to cap things off they gave me a yellow sticker before the bonnet was up simply on the exhaust noise,!

ever thought they got a lock on you well before you noticed them? - i would say thats whats happened here.

i dont see what the issue is with the yellow either, you dont need to lift the bonnet to know (or suspect) a car has a illegal exhaust level.

just wear it.

[Torquen]

Shit spot there, always have cops sitting at the bottom.

[DanWA]

Yeah take the sticker on the chin but if you got the time and effort you may have some luck with beating the fine

I got done in Collie about 5 years ago apparently doing 72 in the 50 zone, speedo said i was doing a tad under 50, they wouldnt produce the reading which they don't actually have to. I provided the sargeant a speedo test showing that at 50 my speedo actually read 47 and i asked about last time it had been calibrated. He revoked the fine (luckily hadnt made it into the register yet?) The wanker of the cop still gave me a sticker for "incorrect speedometer" which i could not successfully fight even though i had proof the speedo was in the right.

The bad thing is, even if you're really nice, the TEG will still be idiots. Most of them got dropped on their head or something

[Stef]

anytime ive been pulled over for speeding, ive asked to produce the reading, because how do they know what speed you are doing if they dont have a reading? ive argued that a couple of times where i knew i was doing the limit, and they could not produce readings, never said they did not have to produce it. got out of a couple due to that. even if i know i was speeding, i ask to see the reading, just to see if they are doing it.

[miksta]

What's to say that the cops did'nt ping someone else earlier and not cleared the reading off the gun ? And then just pull in the next 5 cars , show that reading and issue fine.
Make some queries to see if you are able to obtain such imformation from the police.

[Macca]

What's to say that the cops did'nt ping someone else earlier and not cleared the reading off the gun ? And then just pull in the next 5 cars , show that reading and issue fine.
Make some queries to see if you are able to obtain such imformation from the police.

All im going to say is WTF.

[Alt_F4]

What's to say that the cops did'nt ping someone else earlier and not cleared the reading off the gun ? And then just pull in the next 5 cars , show that reading and issue fine.
Make some queries to see if you are able to obtain such imformation from the police.
http://i289.photobucket.com/albums/ll234/therealkeng/tin-foil-hat.jpg

[Fukushima]

the speeds are time stamped iirc

[miksta]

Dammit, theres goes that arguement. Anything that you can use to try to discredit them to cause reasonable doubt is worth a shot though.

[Denver]

I got done in Collie about 5 years ago apparently doing 72 in the 50 zone, speedo said i was doing a tad under 50, they wouldnt produce the reading which they don't actually have to.

Don't know which crack smoker told you that, but by law the rozzers are required to provide proof of your speed if you ask for it, no reading, no fine, simple as that.

Refusal to do so, is instant admition they are in the wrong and would end up with the charge being thrown out in court, if it even made it that far

[Macca]

Don't know which crack smoker told you that, but by law the rozzers are required to provide proof of your speed if you ask for it, no reading, no fine, simple as that.

Refusal to do so, is instant admition they are in the wrong and would end up with the charge being thrown out in court, if it even made it that far

Speaking of crack. You must smoke too much of it. There is no requirement to show you the speed measured.

[Lump]

yes, thats my understanding aswell.

[fourseven]

Yep, couldn't be further from the truth.

[TJ]

Don't know which crack smoker told you that, but by law the rozzers are required to provide proof of your speed if you ask for it, no reading, no fine, simple as that.

Refusal to do so, is instant admition they are in the wrong and would end up with the charge being thrown out in court, if it even made it that far

Denver should know better than that being a quasi-anti hoon crime fighter anyhow!

[Denver]

Speaking of crack. You must smoke too much of it. There is no requirement to show you the speed measured.

Its required in a multi nova fine, its also required [b]if you ask for proof[/], if from a hand gun, note the words in bold, if you don't ask for it no, they don't have to show you, but if you ask to see it, they must, if they don't show you, all you have to do is stand up in court and say they refused to show me the proof of the accused crime, so how am i to accept that the imposed fine with nothing showing i actually did it..

[fourseven]

Rubbish :)

[Macca]

Its required in a multi nova fine, its also required [b]if you ask for proof[/], if from a hand gun, note the words in bold, if you don't ask for it no, they don't have to show you, but if you ask to see it, they must, if they don't show you, all you have to do is stand up in court and say they refused to show me the proof of the accused crime, so how am i to accept that the imposed fine with nothing showing i actually did it..

Denver let me repeat myself. Stop smoking crack! There is no requirement to provide this information. Most officers will provide it on request but are not obliged too.

But continue living in your fairy world of how the judiciary system works :)

[Dagon]

>>its also required [b]if you ask for proof[/] ... note the words in bold

That's some funny shit, right there.

[Socrates]

when my mum got pulled over once, the lady cop showed her the speed on the gun and took 2km off it and said you were doing xxkm/h.

[_S9_]

been to court, magistrate told me, there is NO requirement for the officer to show you the reading.

end of story, no 2nd hand story bullshit. its not required.

(yes, it sucks but thats the way it goes)

[Brockas]

When you get flashed by a camera they usually roll down the speed by a few Kms, any of you pingpingpingpings know approx how much by?

[Joe]

when my mum got pulled over once, the lady cop showed her the speed on the gun and took 2km off it and said you were doing xxkm/h.

Coooool story bro

[fourseven]

When you get flashed by a camera they usually roll down the speed by a few Kms, any of you pingpingpingpings know approx how much by?

2km/h.

[JBAE]

^ :*(

[siamak]

2km/h.

Thats sounds pretty random.

Speaking of random, heres a link from a radar operating book.

http://forum.pulsar.org.au/attachment.php?attachmentid=36747&d=1200207937

[fourseven]

That's from NSW Police. WA Police aren't as formal with their standard operating procedures :p