Just got caught speeding, but wasnt speeding. please offer advice???? - Page 2

alter_EGOXR · 24-04-2009, 12:12 PM

yeah write a letter, u should be let off for sure...must have been the cops bad day :P..or he was jealous of your ride...

rosco426 · 24-04-2009, 12:24 PM

All you have to argue is when was the speedo of the car last calibrated. Its a very short period of time actually and often are out of calibration. You could say that tyre wear, tyre pressure could affect the reading of the speedo andthey will probably judge in your favour.

If the radar gun has a calibration date older than one year from the data of the offense, you can argue that the reading could be in-correct.

Police also have to be in full uniform (hat included) and must be wearing a yellow vest when stepping out of the car, otherwise the are breaking their OH&S and that is another foot you can stand on.

There are many loopholes that you can use, but its a matter of sitting down and writing a letter, which I need to do this week.

xtreme · 24-04-2009, 12:29 PM

I will only need to write a letter if i get fined right? or should it be done as a preventative measure?

dave289 · 24-04-2009, 12:49 PM

My guess it that you will recieve no fine. If you were'nt speeding as you say and he did not take your licence back to the car, then you will not recieve a ticket, don't lose any sleep over it.

bloggs24 · 24-04-2009, 12:55 PM

Quote:

Originally Posted by rosco426

Police also have to be in full uniform (hat included) and must be wearing a yellow vest when stepping out of the car, otherwise the are breaking their OH&S and that is another foot you can stand on.

Is there like a place with all this kind of info? I wish i knew the law alot better then i do, I hate the fact people (mainly cops) can use scare tactics or abuse there power due to people being ignorant of the law.

Btw, all the times that ive been pulled over, the cops have never worn a yellow vest...

rosco426 · 24-04-2009, 01:29 PM

Quote:

Originally Posted by bloggs24

Is there like a place with all this kind of info? I wish i knew the law alot better then i do, I hate the fact people (mainly cops) can use scare tactics or abuse there power due to people being ignorant of the law.

Btw, all the times that ive been pulled over, the cops have never worn a yellow vest...

This is what I have been told., so don't take it as gospel but am fairly certain. Friend has gotten away with a few things, but he studies law, and his father is a very high profile lawyer so helps him get out of a few things.

The only nice cops I've dealt with are when they are off duty, once the stripes on the shoulders white line fever hits I think.

Ozfords · 24-04-2009, 03:43 PM

Quote:

Originally Posted by rosco426

Police also have to be in full uniform (hat included) and must be wearing a yellow vest when stepping out of the car, otherwise the are breaking their OH&S and that is another foot you can stand on.

Ha ha ha ha ha!

Rosco you rascal that is so funny. Police in NSW only have to wear uniform to show evidence that they are Police, that means shirt + pants and hat is optional. Out of uniform a badge needs to be shown before a lawful direction is made.

OH&S? Someone has been spreading that old urban myth about the Occ Health guy getting pulled over for speeding and giving the cop a ticket for not wearing a vest!! Not true! I'd love to see someone take that matter to OH&S authorities, that'd laugh you out of the office. I do believe they have their hands full with matters relating to poorly protected apprentices and multinationals not providing proper PPK.

I wouldn't force any cop to put on a reflective vest, it makes them a target for gun toting loons.

In short uniform doesn't have to be strictly adhered to, as in, a cop can give you a ticket with his shirt untucked and missing a boot. (However that would be very embarrassing and a disgraceful sight.) When in plain clothes and you are given a lawful direction they need to provide a badge.

Rosco I'd be careful spreading garbage like that you might give someone the wrong idea and next thing you know they'll be locked up for resisting arrest and not complying with lawful directions.

Anyhoo, speed checks done via a calibrated or not calibrated speedo (with a large margin for error built in) still occurs to this day unabated. The lesson is kids, don't speed. Or if you believe you weren't, get a lawyer and elect to take the matter to court. Easy as 1 2 3.

4Vman · 24-04-2009, 04:33 PM

I guess no one here has ever been booked by off duty or under cover Police...
Some of these so called "loop holes" are laughable.. at the end of the day there's no "sure bet", a magistrate will judge each case on its merits and use his own individual judgment.....

OLDFORDNUT · 24-04-2009, 05:31 PM

Quote:

Originally Posted by 4Vman

I guess no one here has ever been booked by off duty or under cover Police...
Some of these so called "loop holes" are laughable.. at the end of the day there's no "sure bet", a magistrate will judge each case on its merits and use his own individual judgment.....

too true,
also a Police persons word will always carry much more weight in court than joe public,most will tell the truth but some will lie under oath wich gets upsetting,but thats life,
as a whole when ive gotten into trouble ive usually copped it on the chin as ive been guilty and copped what i deserve but there has been a few times when i was dealing with a lieing mongrel but all the time knowing the judge will believe the Police as most are very honest and its the only way for our system to work .

futura97 · 24-04-2009, 05:52 PM

Quote:

Originally Posted by 4Vman

Yeah good luck with that, not everyone will spend a couple of $grand defending a $150 speeding ticket.....

Don't need luck nor do you need alot of $$$. When I went to court I represented my self and it cost nothing. All I did was a little bit of research and it was as easy as that... And its not always the $150 fine that your saving. For some people its a matter of principal, and also save your demerit points and your record, which can have an impact on your insurance...

Quote:

Originally Posted by OLDFORDNUT

too true,
also a Police persons word will always carry much more weight in court than joe public,most will tell the truth but some will lie under oath wich gets upsetting....

Not necessarily.... All you have to do is make it seem like the officer misjudged the situation. That way you won't make a liar out of them, and it will also look like you aren't hiding anything. Again, thats the way I won my court case...

4Vman · 24-04-2009, 05:58 PM

Quote:

Originally Posted by futura97

Don't need luck nor do you need alot of $$$. When I went to court I represented my self and it cost nothing. All I did was a little bit of research and it was as easy as that... And its not always the $150 fine that your saving. For some people its a matter of principal, and also save your demerit points and your record, which can have an impact on your insurance...

Not necessarily.... All you have to do is make it seem like the officer misjudged the situation. That way you won't make a liar out of them, and it will also look like you aren't hiding anything. Again, thats the way I won my court case...

You got lucky.... most others wouldnt fare so well.

futura97 · 24-04-2009, 06:05 PM

Quote:

Originally Posted by 4Vman

You got lucky.... most others wouldnt fare so well.

I disagree... If you go in without any good defense stratergy's, then yes, you are leaving it to luck, but go in prepared and its a totally different story.

cool65 · 24-04-2009, 07:06 PM

In the ol' days they used to setup a policeman on a deck chair with a radar and he used to call to the mobile unit which cars to pull over
I took off from the lights (right hand lane of 6 lane divided) in V8 XY GS and Mr. Policeman had his chair setup on median strip between trees. HE was actually on nature strip 3 lanes away from radar gun and waves me down saying "going too fast son".
I said cocky manure and he said well it's a fine for speeding or we can go over your car and do a full roadworthy. I took fine and have hated the "pillar of our community since"
cause they're as
corrupt as anyone out there

nfury8 · 24-04-2009, 10:22 PM

Mate sounds like the time i was caught allegedly doing 147km/h in an 80km zone, (i wasnt). Anyways got a BIG on the spot fine and future loss of lisense, and decided to take the angry little little policeman to court.
Represented myself infront of the court, the judge asked for the police evidence, police said evidence had been misplaced, WHOLE thing dismissed.
IF (and you wont) you get a fine and represent yourself

Go to the court an hour early and sit in on some other cases so you know what your up for AND you may even get some pointers from these cases.
BE PREPARED to speak clearly and professionally to the judge and youll be fine.

xtreme · 24-04-2009, 10:40 PM

thanks guys for all your help. it is helpful to hear both sides of stories

Pinch · 24-04-2009, 10:47 PM

Not sure about the not getting a fine on the spot being a sure thing you are in the clear. In my case (NSW) a car came through a Give Way sign. I slammed on the brakes to miss them (had right of way), clipped them, spun and went through a front fence. Had to be towed. Other car turned their lights off and took off. Explained to the cops who turned up what happened - all good. 3 months later I get a fine in the mail for Neg Driving. I rang up the officer and asked what the deal was. Apparently if a car is towed they have to issue a fine. As I couldn't provide the details of the party at fault basically it just sucked to be me. So someone went through a give way, hit me, sent me into a fence, messed up my car - 8 days before my wedding. I had to pay all the excess etc and I WAS TO BE CHARGED. Hell no! Got all my submissions ready, had all my cross examination ready and researched all my cases only to be told by the DPP 'yeah, we have decided not to press this'. A bit dissapointing really - I was ready to have a field day with that prosecutor. I had put them on notice as to my submissions and they promptly withdrew.

troystanton78 · 25-04-2009, 12:21 AM

Just to add in NSW court has no powers to replace demerit points, only monetary fines, so if you are out you're out, also fines and demerit points issued by police are the mininum for the offfence, lose in court, especially if your record is not so good, and the court can slap you with a whole lot more, so just be careful disputing driving offence, if you get one that is

blakeo · 25-04-2009, 12:59 AM

Quote:

Originally Posted by svo347

I have a brother in law in the force, i asked him the same and he assures me (in WA) that the fine must be given on the spot, you must be shown the speed on the radar. I just asked him on msn

man i got ripped off the i didnt see the radar reeding and he sent a fine out to me in the mail and it was $1000 wtf? my sisters friend got done for the same speed on a camera and got 350... i hate it how cops pick on p platers

xtreme · 25-04-2009, 01:31 PM

when i was a P plater, i drove my XT with a 302, had a shaker on it, 3" exhaust....had little power but sounded great. i got pulled over all the time and threatened not to drive like a hoon or my car would be impounded. i never did a thing wrong! just scare tactics.....

**GasoLane** · 25-04-2009, 04:56 PM

Quote:

Originally Posted by 4Vman

So much mis-information here, Police have been able to convict quite successfully off "estimated" speed since day dot, why do you think they have special calibrated speedo's...

I think you'll find only the HP cars have calibrated speedo's and they have to be checked daily.

If they're using the speedo it's not 'estimated', unless it's a GD car

xtreme · 25-04-2009, 05:12 PM

as far as im aware, it was a standard patrol car

**Falcon Coupe** · 25-04-2009, 05:18 PM

Quote:

Originally Posted by GasOLane

I think you'll find only the HP cars have calibrated speedo's and they have to be checked daily.

If they're using the speedo it's not 'estimated', unless it's a GD car

Estimated speed is enough to book you.
Back in 1997 i took off fast from a set of lights on my motorbike, a police car followed and by the time he got to the next intersection he couldn't see which way i had gone.
He had my rego and called me the next day saying he will send a fine, i said "I'm not paying it, see you in court".

Court date came and i represented myself, the police had no photo, radar gun reading or any other evidence other then seeing me from a distance behind, the judge said this is a reliable means of detection and my word against his, he sided with the Law of course. I may have gotten off with a solicitor but as it i stood i had to wear the fine.
I was Peeved at being fined with no physical evidence, but i was guilty anyway so i deserved it.

**GasoLane** · 25-04-2009, 05:28 PM

Quote:

Originally Posted by Falcon Coupe

Estimated speed is enough to book you.

I wont dispute that, having driven Trucks for...oh, a long time I've come across all manner of 'estimated speed' situations

4Vman · 25-04-2009, 05:29 PM

Quote:

Originally Posted by xtreme

as far as im aware, it was a standard patrol car

Makes no difference, they can book you off a push bike if in their opinion you were speeding, they can book you while off duty and call it in or just issue the infringement in the mail, they don't even need to see you do it if there is enough evidence to convict you such as stupid video on you tube or enough creditable independent witnesses to testify...

**GasoLane** · 25-04-2009, 05:32 PM

Quote:

Originally Posted by 4Vman

Makes no difference, they can book you off a push bike if in their opinion you were speeding, they can book you while off duty and call it in or just issue the infringement in the mail, they don't even need to see you do it if there is enough evidence to convict you such as stupid video on you tube or enough creditable independent witnesses to testify...

They put them on You Tube?

With number plates visible??

:

4Vman · 25-04-2009, 05:41 PM

Quote:

Originally Posted by GasOLane

They put them on You Tube?

With number plates visible??

:

YEP! there's been quite a few people charged with various driving offenses including speeding because they were stupid enough to post the act on you tube..

I gave evidence at a culpable driving hearing many years ago, i was inside my house at the time and heard the whole thing, i was asked how fast i thought the car was going, i said between 80 and 90 by the sound, i was then asked by the police how long after it went past my house i heard the collision, from my time i gave they estimated from calculating the distance and using my time that the car was going 88kph, they then looked at skid marks and again 90kph.... amongst other things he was charged with exceeding 60 zone by 25kph.... so there are many ways to get convicted.

rosco426 · 25-04-2009, 07:31 PM

Estimated speed? Our lawyer had a court room laughing when he said "Ladies and Gentlemen, what we have before us here is a Human Speed Detector" or something along those lines.

If you are going to take it to court and defend yourself, just keep asking to adjourn. Officer has to take a day off to go to court without pay, do that a few times.

jaydee · 25-04-2009, 10:24 PM

Quote:

Originally Posted by svo347

I have a brother in law in the force, i asked him the same and he assures me (in WA) that the fine must be given on the spot, you must be shown the speed on the radar. I just asked him on msn

Speaking from experience (WA), they can mail out a fine.
They don't have to show you the radar, but it is policy.
In your case you say he was following you, thats called a check speed, but 25kays difference between both cars is a big diff, someones speedo is out by miles.

jaydee · 25-04-2009, 10:28 PM

Quote:

Originally Posted by rosco426

Estimated speed? Our lawyer had a court room laughing when he said "Ladies and Gentlemen, what we have before us here is a Human Speed Detector" or something along those lines.

If you are going to take it to court and defend yourself, just keep asking to adjourn. Officer has to take a day off to go to court without pay, do that a few times.

Oh sure a cop is going to go to Court on his day off without pay, I don't think so.
He's probably hoping it is his day off so he gets paid penalty rates or overtime.

svo supporter · 26-04-2009, 12:37 AM

Don't quote me, but the cop needs you licence details to issue a fine. That includes your name, address, D.O.B and licence number. Considering this copper didn't take your licence back to the car with him, I very much doubt he'd remember all those details. Unless he has a photographic memory.

Everytime a copper has pulled me up, they've always taken my licence back to the car, to make sure it's valid and I'm not wanted for anything. If they're revenue raising, they return the licence with a ticket.

Taking it to court with a lawyer. Mate forget it. It'll cost you more for the lawyer to fight the ticket, than what the actual ticket is worth. Trying to fight it on your own will be near impossible. (I'm not saying it WOULD BE impossible).

I'd say he was having a bad hair day and decided to take it out on you for something to do. I wouldn't loose a wink of sleep over it