Infringement notice - I wasn't speeding!

XR8GRL · 01-10-2009, 11:44 AM

Hey all,

I received a speeding fine in the mail today in regards to me traveling Eastlink on the 15th of September. My detected speed was 108km/h and the alleged speed is 106km/h. This is BS! I always sit on the far left lane never going over 100ks. I even have my dash on diagnostic settings to see my exact speed. I'm always around 98ks to 100ks.

Can anyone give me some advice on how I go about fighting this please?

Thanks in advance!

XR6_661 · 01-10-2009, 11:49 AM

This thread will last a whole of 5-6 posts.

kircher · 01-10-2009, 11:51 AM

Quote:

Originally Posted by XR8GRL

Hey all,

I received a speeding fine in the mail today in regards to me traveling Eastlink on the 15th of September. My detected speed was 108km/h and the alleged speed is 106km/h. This is BS! I always sit on the far left lane never going over 100ks. I even have my dash on diagnostic settings to see my exact speed. I'm always around 98ks to 100ks.

Can anyone give me some advice on how I go about fighting this please?

Thanks in advance!

Your first step is to right a letter and send it to the address for court election on your notice. In the letter you tell the truth. Tell them exactly what you've told us. If you've got a clean record mention that too. Mention that you never speed, that you're a good citizen etc etc, and that fines should be reserved for those who break the law intentionally. It's worked for me in the past. If that doesn't work the next step is to elect to go to court.

My dad knows a barrister, and this guy said that when you get a fine notice, you should always challenge it in court anyway, whether or not you were at fault. Paying the fine is the equivalent to pleading guilty without the system hearing your case.

Hope that helps

kircher · 01-10-2009, 11:53 AM

Quote:

Originally Posted by XR6_661

This thread will last a whole of 5-6 posts.

Why would it last 5-6 posts? Are there censors on this forum who don't like people challenging the government?

XR6_661 · 01-10-2009, 11:59 AM

Quote:

Originally Posted by kircher

Why would it last 5-6 posts? Are there censors on this forum who don't like people challenging the government?

People will jump on the, "It's not worth fighting", "Damn revenue raisers", "Do the crime, do the time" bandwagon, like always happens.

XR Martin · 01-10-2009, 12:13 PM

Have you seen the picture?

burnz · 01-10-2009, 12:14 PM

do you have any other evidence to prove you wern't speeding??
satnav or similar where you can download route, and speed??

**Charliewool** · 01-10-2009, 12:37 PM

Quote:

Originally Posted by XR6 Martin

Have you seen the picture?

I thought the book was miles better.

**PepeLePew** · 01-10-2009, 01:03 PM

XR8GRL do you HAVE a GPS? If you dont borrow one, find out how accurate your speedo actually is.....

I also try to do the right thing but unless I sit on cruise, the foot isnt the most reliable thing to keep still, even unintentionally ...

LTDHO · 01-10-2009, 01:14 PM

Unless you can prove otherwise, pay the fine.

Satnav with trip history will save you.

Oh, just cause your speedo says 98 doesn't mean you're doing 98!

XA-Coupe · 01-10-2009, 01:18 PM

Get a copy of the picture and go see a solicitor.
Do NOT waste your time listening to all the internet lawyers, get an experienced professional not a keyboard intellectual.

kircher · 01-10-2009, 01:19 PM

Quote:

Originally Posted by LTDHO

Unless you can prove otherwise, pay the fine.

Satnav with trip history will save you.

Oh, just cause your speedo says 98 doesn't mean you're doing 98!

I disagree, there's no harm in writing in and pleading your case. It's worked for me in the past. I know in NSW if you have a relatively clean history, and the speeding was not excessive they will sometimes let you off, and 6km/h over is by no means excessive.

Riksta · 01-10-2009, 01:19 PM

What the hell is going on getting fined for only 6 over the limit anyway? What about the 10% ADR on speedo tolerance?

kircher · 01-10-2009, 01:20 PM

Quote:

Originally Posted by XA-Coupe

Get a copy of the picture and go see a solicitor.
Do NOT waste your time listening to all the internet lawyers, get an experienced professional not a keyboard intellectual.

There's no harm in writing a letter before you go and see an expensive solicitor that would cost more than the fine itself.

XA-Coupe · 01-10-2009, 01:20 PM

Quote:

Originally Posted by Riksta

What the hell is going on getting fined for only 6 over the limit anyway? What about the 10% ADR on speedo tolerance?

Welcome to the People's Demokratik Republik Of Viktoria.

XA-Coupe · 01-10-2009, 01:22 PM

Quote:

Originally Posted by kircher

There's no harm in writing a letter before you go and see an expensive solicitor that would cost more than the fine itself.

I will quote my own advice, trimmed a little.

Quote:

Originally Posted by XA-COUPE

Do NOT waste your time listening to all the internet lawyers,

Say the wrong thing in your letter and you are pooched.

Jason[98.EL] · 01-10-2009, 01:22 PM

Quote:

Originally Posted by Riksta

What the hell is going on getting fined for only 6 over the limit anyway? What about the 10% ADR on speedo tolerance?

that doesn't exist in vic

we have from memory 3 k's over then cop a fine

Jason

4Vman · 01-10-2009, 01:23 PM

Quote:

Originally Posted by Riksta

What the hell is going on getting fined for only 6 over the limit anyway? What about the 10% ADR on speedo tolerance?

She was actually booked/detected for 8Kph over not 6.... they give you 2 kph grace.
XA Coupe is right, if you want to spend the money fighting it get proper legal advice.

XR6TCraig · 01-10-2009, 01:26 PM

Quote:

Originally Posted by kircher

and the speeding was not excessive they will sometimes let you off, and 6km/h over is by no means excessive.

I agree. Being booked for just 6% over the posted limit seems very harsh, except in Vic of course where the government does as it pleases to raise as much money for the state coffers as possible! Whats annoying is that Aust standards allows a 10% varience on a car speedos accuracy.

kircher · 01-10-2009, 01:26 PM

Quote:

Originally Posted by 4Vman

She was actually booked/detected for 8Kph over not 6.... they give you 2 kph grace.
XA Coupe is right, if you want to spend the money fighting it get proper legal advice.

I realise proper legal advice is valuable, but wouldn't the advice be worth more than the fine itself? As I said, I have written a letter before (no legal advice), pleading my case and it has worked. I live in NSW though, maybe the regime here isn't so totalitarian. No harm in writing a letter. At least it will delay the possible payment of the fine for another month or so.

4Vman · 01-10-2009, 01:29 PM

Quote:

Originally Posted by kircher

I realise proper legal advice is valuable, but wouldn't the advice be worth more than the fine itself? As I said, I have written a letter before (no legal advice), pleading my case and it has worked. I live in NSW though, maybe the regime here isn't so totalitarian. No harm in writing a letter. At least it will delay the possible payment of the fine for another month or so.

It costs money to fight...
As XA Coupe says if you write the letter the wrong way you'll loose or harm your position.
You can take 2 positions on this: either an Ethical or Financial one, one is about defending what you believe to be your rights and not about the cost, the other is about the balance of costs of fighting V just copping it...
The choices are there.

kircher · 01-10-2009, 01:36 PM

Quote:

Originally Posted by 4Vman

It costs money to fight...
As XA Coupe says if you write the letter the wrong way you'll loose or harm your position.
You can take 2 positions on this: either an Ethical or Financial one, one is about defending what you believe to be your rights and not about the cost, the other is about the balance of costs of fighting V just copping it...
The choices are there.

I thought that you could only potentially harm your position by electing to go to court and losing. They can't change the "sentence" in a negative way without it going to court.

XA-Coupe · 01-10-2009, 01:37 PM

Quote:

Originally Posted by kircher

I realise proper legal advice is valuable, but wouldn't the advice be worth more than the fine itself? As I said, I have written a letter before (no legal advice), pleading my case and it has worked. I live in NSW though, maybe the regime here isn't so totalitarian. No harm in writing a letter. At least it will delay the possible payment of the fine for another month or so.

well done to you, my advice stays the same. It's no matter to me what the OP does, just offering the benefit of my experience.

kircher · 01-10-2009, 01:39 PM

Quote:

Originally Posted by XA-Coupe

well done to you, my advice stays the same. It's no matter to me what the OP does, just offering the benefit of my experience.

I agree. It was well done. My careful wording in the letter, and my arguments in said letter resulted in the fine being dropped.

burnz · 01-10-2009, 01:43 PM

my missus got done doing 9 over the police issuing the ticket said write a letter,
so my wife did just that and got off because of her clean driving record.

the reply letter allso stated that if caught again in two years they would reinstate the prevous fine.
N.S.W.

vbomber · 01-10-2009, 03:11 PM

was it the wellington bridge camera? alot of people are getting done at 108km/h

mcnews · 01-10-2009, 03:42 PM

Challenge authority at every turn when you feel you have been wronged. Do not be a sheep. It is the bend over and take it attitude of too many that got us into this ridiculous state of draconian speed enforcement in the first place.

4Vman · 01-10-2009, 03:46 PM

Quote:

Originally Posted by mcnews

Challenge authority at every turn when you feel you have been wronged. Do not be a sheep. It is the bend over and take it attitude of too many that got us into this ridiculous state of draconian speed enforcement in the first place.

Its all fine to stick up for what you believe is right but at what cost??? where do you draw the line? Would you spend $1000 to fight a $165 fine?

mcnews · 01-10-2009, 03:49 PM

In this case if 100% certain I was in the right depending on how fat my wallet was at the time yes. I have been to the District Court before where I failed and then went higher to the Supreme Court and won on appeal.

kircher · 01-10-2009, 03:53 PM

Quote:

Originally Posted by mcnews

In this case if 100% certain I was in the right depending on how fat my wallet was at the time yes. I have been to the District Court before where I failed and then went higher to the Supreme Court and won on appeal.

In this case, where you win on appeal, ie. the state is found to be wrong, can you then turn around and sue for loss of income from your wastage of time defending yourself, as well as for the cost of your legal fees? If someone did that successfully they'd become my new hero.