Speeding Fine, but not guilty of it. Court costs?

EDManual · 04-09-2005, 12:10 AM

I am definitely going to court over it, just wondering how much it costs for court costs if you are found guilty? and not guilty?(nothing I guess?)

Will elaborate on what went on after court. You wouldnt believe it!

**Falcon Coupe** · 04-09-2005, 12:49 AM

Show them you're avatar pic in court, they will let you walk immediately :P

Panda · 04-09-2005, 07:39 AM

What state are you in??

Panda

Aussie_Geo · 04-09-2005, 07:41 AM

Quote:

Originally Posted by Panda

What state are you in??

Panda

I suspect he is in a highly aggravated state

:

Peter

TheSneakiness · 04-09-2005, 10:21 AM

Quote:

Originally Posted by EDManual

I am definitely going to court over it, just wondering how much it costs for court costs if you are found guilty? and not guilty?(nothing I guess?)

Will elaborate on what went on after court. You wouldnt believe it!

Speeding fine, but you're not guilty???

How the hell does that work? Weren't you driving it? This has got me stumped.

You were driving the damn thing, you went over the speed limit. Face the damn consequences. Jeebus Christ.

outside · 04-09-2005, 10:27 AM

you'll never get off , the cops are always right aren't they ?
better get a bank loan.

LUXO_8 · 04-09-2005, 10:34 AM

Quote:

Originally Posted by AUII_SE_Ute

Speeding fine, but you're not guilty???

How the hell does that work? Weren't you driving it? This has got me stumped.

You were driving the damn thing, you went over the speed limit. Face the damn consequences. Jeebus Christ.

theres always one isnt there.......

:

he wasnt asking for opinions he was asking for the costs involved in court.

if you dont have the info you shouldnt speculate

:

GTP 320 · 04-09-2005, 10:52 AM

Quote:

Originally Posted by Falcon Coupe

Show them you're avatar pic in court, they will let you walk immediately :P

That's a classic Jeff lol
Cheers John

aimzes · 04-09-2005, 11:13 AM

doesnt it say what the cost of appealing is on the back of you ticket? im sure its around $100??? last time i checked was a while back but $100 seems right to me, then theres your lawyer... if you have any doubts about your case id get one. thats a couple of hundred there but well worth it if you get to keep your points.

if you win i dont think your costs are covered at all. if you lose you could cop a bigger fine (yes it happens) + the court costs anyway.

so you wanna tell us what the go is? what happend?

Quote:

Speeding fine, but you're not guilty??? How the hell does that work? Weren't you driving it? This has got me stumped.

well i went through a speed camera at 90km/h (on p1s) and the speed was 100km/h. i got done. a letter sorted it out, but thats one way of getting a speeding fine but not being guilty. youd be amazed how many times that happens.

jabba · 04-09-2005, 11:29 AM

Quote:

Originally Posted by Falcon Coupe

Show them you're avatar pic in court, they will let you walk immediately :P

I agree with your idea falcon Coupe. That avatar will indicate that he is a very responsible citizen, and the courts will decide that the police officer is incompetent of using a speed measuring device. Then EdManual will get of scott free.

NZ · 04-09-2005, 03:35 PM

Just a side note, I was going to start a new thread on this but this one is same kinda thing. I got a court summons. Basically i was going around a roundabout below the posted speed but fast enough that my tires squeeled as i went around. Down the road a bit i was pulled up given a warning. Just the other day i got a charge and summons delivered personally (4 months after this happened) but they have got the dates mixed up. Should I call the officer and tell him or just go to court and plead not guilty. I can prove I wasn't there on the day / time it has listed. I was dropping my mother off at melb airport and spent the night in melb with family. The incident happend the day before what they have listed on the charge.

Smoked · 04-09-2005, 03:41 PM

Quote:

Originally Posted by NZ

Just a side note, I was going to start a new thread on this but this one is same kinda thing. I got a court summons. Basically i was going around a roundabout below the posted speed but fast enough that my tires squeeled as i went around. Down the road a bit i was pulled up given a warning. Just the other day i got a charge and summons delivered personally (4 months after this happened) but they have got the dates mixed up. Should I call the officer and tell him or just go to court and plead not guilty. I can prove I wasn't there on the day / time it has listed. I was dropping my mother off at melb airport and spent the night in melb with family. The incident happend the day before what they have listed on the charge.

Hell no Mate, dont contact the cop. Go to court with your proof of not being involved, and leave it at that.

chief · 04-09-2005, 03:59 PM

The costs involved for NSW is ~$70 if your found guilt and nothing if your not guilty. If you are guilty but get a reduced sentence eg you need your car for work, you still pay. Dont for get the added costs of a lawyer if you want one.

My offence was on the 25th April 2005 and it is going to be heard on the 1st December 2005. There is a bit of a delay but you can still keep driving.

Black XR6 · 04-09-2005, 05:01 PM

Quote:

Originally Posted by NZ

Just a side note, I was going to start a new thread on this but this one is same kinda thing. I got a court summons. Basically i was going around a roundabout below the posted speed but fast enough that my tires squeeled as i went around. Down the road a bit i was pulled up given a warning. Just the other day i got a charge and summons delivered personally (4 months after this happened) but they have got the dates mixed up. Should I call the officer and tell him or just go to court and plead not guilty. I can prove I wasn't there on the day / time it has listed. I was dropping my mother off at melb airport and spent the night in melb with family. The incident happend the day before what they have listed on the charge.

I agree with smoked. Dont tell the cop anything. Imagine the letter " You got the date wrong blah blah, please re-issue the fine for the correct date because that would be awefully embarrassing for you in court :-)"

Go to court, show them you were not even there on that date and see what happens. You either get another ticket with the correct date then go back to court again and it wont look good for the cop or they dont know what date it was and wont re-issue another one.

xespac · 04-09-2005, 05:06 PM

I know someone who was caught apprently doing "180km/h"...he went to court over it an cause his best mate was lawyer...it was free. lawyer just showed all evidance of people getting caught wrongly. He was let off.

Good luck with court =)

EL_futuraistic · 04-09-2005, 06:07 PM

Yeah i think the lawyers is the expensive bit, for the sake of $200 or whateve the fine is... is it worth it?? Good Luck.

EDManual · 05-09-2005, 11:25 AM

Its a "Fact" thing in my case. Apparently in Victoria the written "fact" is what you are fighting, which is on your ticket.

Bracks changed the laws so Judges CANNOT change the points or fines to less than stated anymore, they can however throw out the whole thing.

So that means, if the FACT is wrong, there is nothing they can do but drop the case.

I wont be taking a lawyer, and I wont be writing a letter before hand to tell them what I am doing :-) (wouldnt achieve suprise!)

Oh, and Its really not a big fine, and the points dont really matter to me at the moment. Not losing my licence either. I just want to have a go :-) I didnt do it so why not!

And I'll tell you all about it later on.

TheSneakiness · 05-09-2005, 11:32 AM

Righto. I can't understand the logic here.

This small fine you are contesting will probably cost you a small fortune. Really not worth it.

Now, going slightly off topic, how did you not get caught speeding?

Heeno · 05-09-2005, 11:37 AM

Quote:

Originally Posted by AUII_SE_Ute

Righto. I can't understand the logic here.

This small fine you are contesting will probably cost you a small fortune. Really not worth it.

Now, going slightly off topic, how did you not get caught speeding?

i don't think its the costs involved i think its just the principle of being wrongly fined and not just 'putting up' with it, go for it mate and hope you win (if you really are innocent).
giving in or just putting up with bullsh!t is just weak imo

out:

4.9 EF Futura · 05-09-2005, 12:08 PM

It's your right to defend it. Even better if you're genuinely innocent, lol.

Ring them up (police or court house) and ask for the court cost. Most likely between $50 and $100, regardless of the outcome - it's pretty standard stuff and you will attend your local magistrate's court. No need for a letter, just ring them and advise you wish to dispute the fine and they will advise of the due process. Just dont pay it as that is acceptance of the offence.

And FFS dont bother with a lawyer (unless he/she is free). These hearings are incredibly straight forward - "your honour i am disputing the offence" "based on what?" "insert reason here". Lol, it's not hollywood - people wont be 'objecting'. Worth wearing a suit for tho.

The magistrate is able to throw it out - but be wary of the double edged blade, as they have the right to impose whatever they want. Obviously within reason (legislation, common law) but, for example, he could probably double the fine if he thought you were having a bit of a ****.

Well, this is how it all worked in SA the last time i went through it all.

Quote:

Just a side note, I was going to start a new thread on this but this one is same kinda thing. I got a court summons. Basically i was going around a roundabout below the posted speed but fast enough that my tires squeeled as i went around. Down the road a bit i was pulled up given a warning. Just the other day i got a charge and summons delivered personally (4 months after this happened) but they have got the dates mixed up. Should I call the officer and tell him or just go to court and plead not guilty. I can prove I wasn't there on the day / time it has listed. I was dropping my mother off at melb airport and spent the night in melb with family. The incident happend the day before what they have listed on the charge.

Lucky man NZ, sounds like a perfect technicality. Off the hook ;) *waits for the high horse brigade*

TheSneakiness · 05-09-2005, 12:09 PM

Quote:

Originally Posted by Heeno

i don't think its the costs involved i think its just the principle of being wrongly fined and not just 'putting up' with it, go for it mate and hope you win (if you really are innocent).
giving in or just putting up with bullsh!t is just weak imo

out:

I'm all for giving it to the Government. However, I can't understand how you can say you got a speeding fine, and then contradict yourself by saying that you're not guilty of it.

RED_EL_XR8 · 05-09-2005, 12:15 PM

Quote:

Originally Posted by Heeno

i don't think its the costs involved i think its just the principle of being wrongly fined and not just 'putting up' with it, go for it mate and hope you win (if you really are innocent).
giving in or just putting up with bullsh!t is just weak imo

out:

Big call to say people are weak, for minimising their financial risks. If you have to ask what court costs are odds on you cannot afford them!

There is a big difference between putting up, and lobbying. Going it alone and risking huge personal debt for a principle is not bright, particulary when there are less costly alternatives. The legal system is weighted to price out the mavericks.

And given the absence of detail there is no proof that there is even a case for fighting the fine. Sorry but reality never makes things easy or simple.

05-09-2005, 12:23 PM

Well, some people don't understand the realities. I'm sort of glad some little lady in a datto 120Y chose not to take AUII SE Ute's position. In that case she got a fine but certainly wasn't guilty. It happens all the time. The cop writes the ticket and that's that for 99% of people who can't be bothered fighting the fine. It looks good for his/her KPIs when it comes time to do their PE at year end.

As for costs to fight a fine, count on at least $400-500 to adequately fight a speeding offence in a Vic court not counting loss of earnings etc. You'll want to have a chat with the Police prosecutor before your matter ends up in front of the magistrate - see if you can reach an agreement out of the court room and then both of you can walk in and have the magistrate ratify the decision. Remember that prosecutors have a bunch of cases to trawl through in the day so once it gets in front of the court room they aren't going to want to go soft on you because of how it looks to others. Be careful as they will use tricks like proposing hearsay and then a surprising amount of people fall for it and confirm it 'might' be true.

I encourage everyone to fight every single fine unless you blatantly deserve the ticket - if you drive unsafely and irresponsibly accept the ticket and adjust your ways!

Heeno · 05-09-2005, 12:26 PM

Quote:

Originally Posted by RED_EL_XR8

Big call to say people are weak, for minimising their financial risks. If you have to ask what court costs are odds on you cannot afford them!

There is a big difference between putting up, and lobbying. Going it alone and risking huge personal debt for a principle is not bright, particulary when there are less costly alternatives. The legal system is weighted to price out the mavericks.

And given the absence of detail there is no proof that there is even a case for fighting the fine. Sorry but reality never makes things easy or simple.

yea it is a big call but a fair one, if you think you are being cheated you don't just run and hide, you stand up for yourself, i don't know about you but thats the way i was brought up, and if it were a financial issue im sure EDManual wouldn't be saying he'll give it ago! and for those who can't afford it then why the hell are you driving in the first place with the price of fuel and all let along the risk of getting a fine, go catch a bus.

TheSneakiness · 05-09-2005, 12:29 PM

Quote:

Originally Posted by Bad Cop

Well, some people don't understand the realities. I'm sort of glad some little lady in a datto 120Y chose not to take AUII SE Ute's position. In that case she got a fine but certainly wasn't guilty.

In that case, I would've taken it up. How a Datto can even get over 100km/h is beyond me.

ED Classic · 05-09-2005, 12:49 PM

In Vic its between 3-5 grand if you lose including prosecutors fees, your lawyer fees, court cost, 1 or 2 police officers day away from regular duties. Be sure before you fight, look at it from a neutral view. Was it 1 or 2 police in the car? Was it a traffic cop? Was it near any metal objects including powerlines that could give a false reading? Were you near another car or cars going the other direction? Have the limits been changed recently on that road? If it were one cop then he or she "couldnt" {not wouldnt COULDNT} show you the radar. If it werent a traffic cop then it was most likely a Pro Laser, Has the cop with the name on the ticket done the required 2 day course to operate this?

stiddy · 05-09-2005, 12:58 PM

I have been to court to fight a speeding fine in NSW.. got hit up for 96km/h in a 60zone .. when it was an 80 zone.. so i took it to court.. i admitted to being 16km/h over but not 36km/h..
I had a lawyer with me when i went in.. the case ended being dropped due to the police wrongly booking me.. (36 over instead of 16 over)
Court fee was a $160 and the lawyer fee was $1750, its alot of money but i didnt loose any points and kept my licence.. it also took about a 10months before i made it into court.

RED_EL_XR8 · 05-09-2005, 01:06 PM

Quote:

Originally Posted by Heeno

yea it is a big call but a fair one, if you think you are being cheated you don't just run and hide, you stand up for yourself, i don't know about you but thats the way i was brought up, and if it were a financial issue im sure EDManual wouldn't be saying he'll give it ago! and for those who can't afford it then why the hell are you driving in the first place with the price of fuel and all let along the risk of getting a fine, go catch a bus.

Perhaps then as you are so ready to fight for what you believe in you'd be prepared to sub ED for his court costs or even go halves? If not I'd be a bit careful before calling people weak for cutting their losses. As I said before there are other ways to fight this stuff.

Heeno · 05-09-2005, 01:13 PM

Quote:

Originally Posted by RED_EL_XR8

Perhaps then as you are so ready to fight for what you believe in you'd be prepared to sub ED for his court costs or even go halves? If not I'd be a bit careful before calling people weak for cutting their losses.

why do i need to pay his way? thats just silly if it were me then yes i would take it to court and pay, which is what im going through at the moment with queensland parks and wildlife and it is going good at the moment and there yet to prove themselves right... and i will let you know of the outcome. If you can't pay and afford to fight it then don't b!tch about it, because then your also a whinger.

Quote:

Originally Posted by RED_EL_XR8

As I said before there are other ways to fight this stuff.

care to explain

Heeno · 05-09-2005, 01:16 PM

Quote:

Originally Posted by RED_EL_XR8

If not I'd be a bit careful before calling people weak for cutting their losses.

ah also i didn't call him weak, he's actually going to fight this (from his previous post) but i spose you were to busy trying to find an argument with me to realise, btw i call people weak that get screwed over and put up with it but don't mind having a good old whinge about it.