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So umm.. a speeding offence scenario. (1 Viewer)

Legham

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K, so imagine some red p-plater guy is driving along in a 60 zone at around 85km/h.. Theres a cop talking to another cop on the side of the road and they see this guy and jump in the car to get him to pull over.
Cop says to guy that he "estimates" guy to be going at least 80km/h (obviously didn't get a reading, thus proof). Guys says he was doing 60km/h so to not turn himself in by admitting that he was speeding, which would give the cop proof.
Cop issues $238 speeding ticket to guy, and guy will lose license once its been payed since it was after the new rules came in.
If guy decides to have the matter heard at court will he be able to get off the hook seeing as the cop has no technical proof?
 

Azamakumar

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Legham said:
Cop says to guy that he "estimates" guy to be going at least 80km/h (obviously didn't get a reading, thus proof)
If theres no proof I say go to court and give us all a mad precedent. It'd cost heaps but be worth it, just like the WRX guy that got info from his gps system to prove that he only did reach 61km/h, and not the 80km/h that was claimed. Make sure you wanna do it cos I think it cost him like 12k in legal fees to escape a $200 fine.
 

nonsense

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Legham said:
K, so imagine some red p-plater guy is driving along in a 60 zone at around 85km/h.. Theres a cop talking to another cop on the side of the road and they see this guy and jump in the car to get him to pull over.
Cop says to guy that he "estimates" guy to be going at least 80km/h (obviously didn't get a reading, thus proof). Guys says he was doing 60km/h so to not turn himself in by admitting that he was speeding, which would give the cop proof.
Cop issues $238 speeding ticket to guy, and guy will lose license once its been payed since it was after the new rules came in.
If guy decides to have the matter heard at court will he be able to get off the hook seeing as the cop has no technical proof?
if u produce a good enuff story then yes u can get off if u are willing to pay legal fees. my mate got done for 30ks over and got the same fine as u and 3 points taken off, this was before new rules, and he already had lost 3 before hand, and he just paid, loses his licence in a few days. another mate got done for the tiniest burnout, just spun the wheels a little and got 3 points taken off and a $477 fine. go figure, speeding is much more dangerous then the tiniest burnout u can imagine, and the fine was twice as much. doesnt make sense to me.
 

Legham

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Oh fuck that. I thought you only had to pay court fees if you lost!
 

cb205

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Police can issue an infiringment notice on an esitmated speed.
All depends on the magistrate you get if you go to court.
 

seremify007

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Legham said:
K, so imagine some red p-plater guy is driving along in a 60 zone at around 85km/h.. Theres a cop talking to another cop on the side of the road and they see this guy and jump in the car to get him to pull over.
Cop says to guy that he "estimates" guy to be going at least 80km/h (obviously didn't get a reading, thus proof). Guys says he was doing 60km/h so to not turn himself in by admitting that he was speeding, which would give the cop proof.
Cop issues $238 speeding ticket to guy, and guy will lose license once its been payed since it was after the new rules came in.
If guy decides to have the matter heard at court will he be able to get off the hook seeing as the cop has no technical proof?
Unless you can prove your side of the story, I think you'd have a tough time disputing two "expert opinions". I'm not saying all cops are experts, but their judgement/opinion is still considered at a level above the rest of us in a court of law.
 

mr_brightside

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yeah the hway patrol officers are trained to judge speed or something like that.
Their opinion is more valid than yours... in court
 

Legham

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That's what i thought :( Guy will just pay fine and hope guys parents don't see the letter saying guys license has been suspended for 3 months.. :p fuck.
 

Legham

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Lol, im pretty sure guy doesn't really care all that much :p haha. The $238 is just a pain in the ass..

:)
 

Legham

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Yep :p Guys parents would skitz if they found out. Conveniently, guy went to a party the night before and was a witness for the cops about some psycho guy on ice with a knife who slashed a guys face and stuff, so if the parents dont open guys mail, then guy could just say it was something about that!

Hopefully :p its a long shot but..
 

Loza33

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nonsense said:
if u produce a good enuff story then yes u can get off if u are willing to pay legal fees. my mate got done for 30ks over and got the same fine as u and 3 points taken off, this was before new rules, and he already had lost 3 before hand, and he just paid, loses his licence in a few days. another mate got done for the tiniest burnout, just spun the wheels a little and got 3 points taken off and a $477 fine. go figure, speeding is much more dangerous then the tiniest burnout u can imagine, and the fine was twice as much. doesnt make sense to me.
I know what you mean!! One day my car broke down, so my mother parked her car facing mine on the street so i could jump start.. which i did! However, my mother had then gone to work and this was before i had the skills to drive a manual, especially on a hill.... so i got a $140 fine.... for the car facing the wrong way.. Anyhoo, i just paid it and got over it!

However, the next day i was walking up my hill and a few houses away there is a no parking zone but a car was parked in with a $77 dollar ticket on his windscreen....

um... WHAT?? Ok, so my car looked stupid and was facing the wrong way, but it was in the right place and not hurting anyone.... this other car was in a NO parking zone.... and got half the fine that i did...

Fair?
 

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No he wouldnt win at all. Coppers are trained to estimate speeds, if its his word against yours HE WINS. Simple as that. If he had a partner with him it just adds more to their case. The only time you'd risk your word against his is if you had some evidence to prove you werent speed. The fact that you dont means your up shyte creek... also add to this that Im guessing your on your provisionals, this doesnt help your case. A 10 year clean driving record might give you a chance.... on your p's means goodbye to that. Also if you lose, the fine can be INCREASED.

As for Loza, you could have sent a request for review to I believe the debt recovery agency outling your extenuating circumstances, with support from your mother that this was the case. I got fined for parking on the grass once at uni (goes through same people, the uni issues... the debt recovry people do the rest in my case), I sent the genuine reasons why to the debt recovery people with support from my uni and I got out of it.
 
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Alex2

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I think

when they say 'estimate', they don't just mean a wild guess as you pass by them, I think they mean like a pace check, following you behind or to the side so you're at even speeds to each other and looking at their speedo...

as opposed to a speed they get off a radar...

my uncle's a police officer and explained that non-highway patrol cars don't have radars inbuilt so just used 'estimated speeds' for tickets.

Oh and if the police car had a video camera inside the car (like on police files unlocked?) then i guess they could show the video they had of 'guy' speeding as evidence?

have fun...

Alex
 
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47.46.45

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Yeah, I don't think guy'd have much chance in court. Also, isn't it a six month suspension?
By the way, it's shit that "he" got caught, and I know this is a lame thing to say, but try and learn from it. Just be glad you didn't hit anyone/anything because you'd be up for a much bigger fine and penalty. If visibility wasn't good enough to see the po, then you shouldn't have been doing 25 over.
 

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