Fines

Peej · 14-01-2007, 05:59 PM

My mate caught caught apparently clocking 126km/h in a hundred zone in a 1.3L Superfast holden barina. He would be all cool with this if everything added up. It was on the Bruce Highway near Maryborough and the patrol car was going in the other direction. There where several cars ahead of us and several ahead of the patrol car going the opposite direction. It quickly flashed its lights did a u-turn and came after him. Fair enough, only on the fine, there was no mention of the brand of car, the colour was wrong (white when its actually silver) and its body type was listed as a sedan when its quite plain to see its a hatchback. Not to mention that his car nearly falls to bits when it goes anything over 110... What course of action should my mate take?

Does a patrol car actually need photo evidence that it was indeed his car?

XA-Coupe · 14-01-2007, 06:03 PM

A patrol car doesn't need photo evidence.
Before the forum lawyers get here, I suggest your 'mate' goes and see an experienced traffic solicitor and find out really what he can or can't get away with.

nobbystang · 14-01-2007, 06:09 PM

Or he could just man up and pay the fine!!

pertuan · 14-01-2007, 06:13 PM

Quote:

Originally Posted by nobbystang

Or he could just man up and pay the fine!!

I agree. If he knew he was speeding, he should just be honest and pay the fine.

I FluXx I · 14-01-2007, 06:40 PM

But the guy said that the car falls to bits once it hits 110. I think he should dispute it. Why pay for the fine when you can get out of it.

A quick question. How dose the cop know how fast you are going when he is on the other side of the road? Is it that little thing that sits on the drivers side in the corner of the front window?

flappist · 14-01-2007, 06:42 PM

As he was done in our patch, this is how it works.

His vehicle was noticed by the officer to be speeding. This was confirmed by radar, probably a KR10 or Decader depending on which vehicle. Both are VERY accurate.
If the police vehicle was not traffic or the rego was not QLD then while he was being followed a QV was requested from Maryborough. This checks if rego is up to date and whether it is a "vehicle of interest". If it was a traffic vehicle then there is a laptop on board to do QLD rego etc.
After pulling your mate over the officer will have looked at his licence, checked for obvious intoxication, called for various checks on licence status, driving history, outstanding warrants, fines etc.
He was then written a ticket and sent on his way.
Part of the conversation included "you were speeding, do you have any reason why?". This, together with the answer was recorded for possible later use.

Short version. If the rego, time, date, place of offence and licence number are correct he is dead.

XR8-260 · 14-01-2007, 07:40 PM

Fighting it may cost more than actually paying the fine.

XAGSV8 · 14-01-2007, 07:53 PM

If his car is nearly falling to bits if it goes over 110km's why is it on the road? If your mate was seriously not speeding though go see a solicitor about it. It may just be worth paying it though and count his lucky chickens he was not done for doing 30km's over.

Yaw · 14-01-2007, 09:00 PM

The sedan hatchback difference will not hold up.
From a CTP point of view i have seen thousands of cars which from brand new the dealer has registered as a sedan when in fact they are a hatch, The big difference is sedan vs staition wagon. as for the silver vs white I would not read too much into that either, could also be another rego issue from the original dealer.

nobbystang · 14-01-2007, 09:18 PM

Quote:

Originally Posted by I FluXx I

But the guy said that the car falls to bits once it hits 110. I think he should dispute it. Why pay for the fine when you can get out of it.

In my opinion he lost all credibility when he said he was pulled over. The Police Officer would have asked how fast he thought he was going, they ask me everytime!!! It sucks getting caught but after a few deep breaths, its easier to admit guilt, pay the fine and get over it.

havoc19 · 15-01-2007, 11:38 AM

Im gonna have to disagree and say tell your mate to do everything he can to get out of this fine just for the hell of it. Its fun using a broken system that no matter what excuse you have you will never win its kinda like gambling except that you have no chance of winning unless ur rich or underage then you can either hire fancy lawyers or claim your an adolesent retard and be sent on your way but it seems your mate doesnt fall into any of these catagorys.

flappist · 15-01-2007, 12:12 PM

Quote:

Originally Posted by havoc19

Im gonna have to disagree and say tell your mate to do everything he can to get out of this fine just for the hell of it. Its fun using a broken system that no matter what excuse you have you will never win its kinda like gambling except that you have no chance of winning unless ur rich or underage then you can either hire fancy lawyers or claim your an adolesent retard and be sent on your way but it seems your mate doesnt fall into any of these catagorys.

Even adolescent retards have spelling and grammer checkers on their computers.

If you fight a radar TON you basicly have three avenues to pursue.
1) It was not you; although this is a bit of a problem in that they sighted your licence and have your voice on tape.
2) The radar was missoperated; this will be difficult for you to raise any form of doubt as the officer will have a long history of correct operation, several certificates of competency and several expert witnesses to support him. You have nothing.
3) The radar was inaccurate; this will draw the wrath of God with experts from all over the country engaged to protect the income stream. Again you have nothing.

The nett result:
If you are lucky, just court costs and the original fine. If not so lucky, court costs including the expert witnesses ($LOTS), your solicitor's fees ($LOTS again), the original fine AND a short suspension of your licence.

This is a dangerous game you are playing get legal advice from a solicitor.

P.S. Don't mention that the car is not safe at 110km/h, all that will happen is your car will be put off the road.

Focussed · 15-01-2007, 12:44 PM

the question has to be asked, was he speeding?!
if so, just pay it & get on with life.

bArNsY · 15-01-2007, 01:02 PM

Quote:

Originally Posted by flappist

a QV was requested. This checks if rego is up to date and whether it is a "vehicle of interest".

Can you please explain what they list down on the computer as vehicle of special interest?
e.g. been spotted by members of the public indulging in hoon behaviour but police have never caught you red handed?

Kommandant · 15-01-2007, 01:41 PM

In any crime related activities one would assume.

Fryday · 15-01-2007, 02:46 PM

Outstanding warrants, fines, etc against the registered owner of the car, car out of rego and other stuff like that too...

Peej · 15-01-2007, 04:30 PM

Ok, maybe i didnt get it right when saying the car basically falls to bits. Its totally roadworthy and safe, just its a tiny car and lets just say you can feel it when you approach the 110 mark. You feel every bump and groove in the road.

And as for just paying it and getting over it, he is on a good behaviour license and has been for nearly 4 or so months now, so as you can imagine he has a whole lot to lose. Yes he is a P plater but he well and truly learnt from his last mistake and really doesn't think he was doing that speed.

4.9 EF Futura · 15-01-2007, 04:46 PM

I dont think you'll find a more detailed, more honest, more realistic piece of advice on these forums than what has been offered by Flappist.

One gets the impression he may know a thing or two about the operation of these devices and procedures followed in their use....

Further facts that you bring to light (behavioural bond) doesnt sound like something that's going to do him any favours in the eyes of a magistrate.

prydey · 15-01-2007, 05:02 PM

when cruising up 'the bruce' it is very easy to creep over on to the wrong side of 110. if you were engrosed in conversation or whatever it is very easy to do unless you drive along watching your speedo.

whilst driving my car back from n.s.w. the amount of times i looked down to discover i was speeding was quite a few. it's been a while since i did a trip in a car not fitted with cruise.

you can't even take a bullet for 'your mate' as he was actually pulled over and his details given. looks like he has no choice but to pay up and suffer the consequences.

flappist · 15-01-2007, 05:27 PM

Quote:

Originally Posted by bArNsY

Can you please explain what they list down on the computer as vehicle of special interest?
e.g. been spotted by members of the public indulging in hoon behaviour but police have never caught you red handed?

A VOI is any vehicle that is of interest to QPOL. This may be a vehicle reported stolen, used in a "drive away" or shop stealing, owner is known to be suspended and spotted driving, has been reported hooning or tresspassing, owned by a known or suspected offender.

e.g. Vehicle left service station after failing to pay or vehicle has been seen acting suspiciously near a school etc.

This is one of the ways that we are protected from bad people. Sometimes it is better to prevent crimes than to prosecute offenders.

nobbystang · 15-01-2007, 07:56 PM

Quote:

Originally Posted by Peej

And as for just paying it and getting over it, he is on a good behaviour license and has been for nearly 4 or so months now, so as you can imagine he has a whole lot to lose. Yes he is a P plater but he well and truly learnt from his last mistake and really doesn't think he was doing that speed.

Just out of curiosity, was he asked how fast he was going and did he reply with anything???? Did he give an excuse for speeding?? Is he a slow learner that it takes this many times before he decides he's learnt his lesson.

Small car or not it is very easy to achieve that speed, without realising as well.

Peej · 15-01-2007, 08:07 PM

Quote:

Originally Posted by nobbystang

Just out of curiosity, was he asked how fast he was going and did he reply with anything???? Did he give an excuse for speeding?? Is he a slow learner that it takes this many times before he decides he's learnt his lesson.

Small car or not it is very easy to achieve that speed, without realising as well.

Yes he was asked, and he geniunely didn't think he did anything wrong. Not to mention if he was going that fast he would have been tailing the car in front.

But he's got an appointment with a Traffic Solicitor this week who agreed to give it a go.

Peej · 15-01-2007, 11:25 PM

Just another thing, is it possible for the license suspension to get any worse should he not be successful in court?

fmc351 · 16-01-2007, 12:20 AM

If your mate wasnt speeding I feel sorry for him. If he was, then tough, I wont say luck, as its not luck its lack of care or attention.

However, if he wasnt, the only issue is the accuracy of the device. We all know they have, shall we say, blemishes in their record. But the system is stacked against you, unfortunatley though for good reason. And I wouldnt blame the officer, he would look at a reading and take it at face value, what else can he/she do?

So, I suggest seek professional legal advice, or just listen to Flappist, esp if he was speeding. Im curious as to how hard Flappist is laughing though. The world may not be as large as one might think, lol.

Skooter · 16-01-2007, 12:40 AM

If he was speeding he was breaking the law the has to pay the freakin fine, that is that.

But difference in details like wrong car type etc may be enough to get you off with a good lawyer, i say this because a mate of a mate(and i do actually know him am he was the one who told me) was caught drinking while driving while drifting (what a tool) but because two cops saw him do it they both had to give reports, in the end the reports ended up being different from each other,im not sure in what respect though, but because they were different he took them to court with a good lawyer and the case got thrown out of court within five minutes, he ended up getting $5000 from the cops because they wasted his time or something so all up he lost $500 with i think was alot better than what he would of gotten if he was prosecuted properly. so it just goes to show that mistakes can give you the opportunity to take them to court and win.

but with a charge as little as speeding, just pay the fine

fmc351 · 16-01-2007, 12:59 AM

Quote:

Originally Posted by Skooter

If he was speeding he was breaking the law the has to pay the freakin fine, that is that.

But difference in details like wrong car type etc may be enough to get you off with a good lawyer, i say this because a mate of a mate(and i do actually know him am he was the one who told me) was caught drinking while driving while drifting (what a tool) but because two cops saw him do it they both had to give reports, in the end the reports ended up being different from each other,im not sure in what respect though, but because they were different he took them to court with a good lawyer and the case got thrown out of court within five minutes, he ended up getting $5000 from the cops because they wasted his time or something so all up he lost $500 with i think was alot better than what he would of gotten if he was prosecuted properly. so it just goes to show that mistakes can give you the opportunity to take them to court and win.

but with a charge as little as speeding, just pay the fine

It also goes to show that everyone has a story, and often a yarn.