dealing with a fine
gday guys just thought i ask a question and see your opinion today coming back from gosford i had this evo9 right up my tail changing lanes everytime i did and just would stop tailgating me as iv come down the hill on the f3 near mount coloh near the dipper iv accelerated in front of a car to let him go past and he flew down the hill as i get to the bottom a highway patrol pulls me over and got the evo doing 190km and at most i was 130km anyway he didnt get me on his radar but iv lost my licence for 45km over
my question is can a copper book for guessing your speed and not having acually evidence for speed im in nsw if anything like that help i haven't had any previous tickets for anything
* 05 VZ Holden Commodore Executive
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same here just let off the accelerator and slow down to about 40 nothing pisses tailgaters off more haha
Exhaust Guru
How can he get you for 45km/h over if he doesn't have any evidence? If he doesn't have any evidence, take it to court. How could he know you were speeding if he didn't get it on his radar?
yea well my mums a police lawyer so she going to find out about it because the evo was a good 150 plus metres infront of me and the driver wouldnt of been watching me becuase he was driving in and out of lanes
* 05 VZ Holden Commodore Executive
* VZ Clubsport Bodykit
* 20'' low profile VE GTS Shadow chrome
* Twin 2.5" X-Force Exhaust.
Donating Member
Why would you waste your time asking us if your mums a police lawyer? Doesn't make sense to me.
Searching for the billion
Even regular cops don't like Highway boys, so you are not alone.
They are trained to judge speeds by eye and so their judgement can be used as evidence in court, but you can always challenge it if you think he's full of it. Did you have a passenger ? You can use them as a witness on your side if they saw your speedo.
From what i have heard in the past years
If they have not caught you on camera
They can give you a Guestimate
But if you take it to court you will win Because of no Evidence
His mom would have some bias, so getting extra opinions is a good idea.
California Dreaming
A mate has got off the fine while i was in the car because the cop could not supply evidence of him speeding, but it was only 67 in a 60 zone, not as big as your speding fine.
but mate you were speeding and you gave into some tool tail gating you, you broke the law.
GL with the case/fine.
Did the police officer speak to you at all? because self admission is good enough.
"do you know how fast you were going there son?"
"probably around 130 but that evo was doing like 190 or something stupid"
"130 it is then"
how do you know the cop has no evidence? did he say "i didnt get you on with the gun, so im going to guess"?
youve admited to speeding here to us "and at most i was 130km" im guessing you probably did with him to. or he just DID get you on the radar.
you did the crime, do the time. "another driver was going even faster" is not an excuse.
I cant see how an estimate would stand up in court? I think a lot of coppers try this stuff on, in the hope you will just plead guilty.
I've been in a similar situation, and when asked at the beginning of court (before any cases are heard) the prosecutors go around and ask people what they will be pleading.
I assume this is so they can get the fast cases (guilty pleas) out of the way first.
If when asked, you indicate you will be pleading not guilty, the prosecutor will ask you why.
You simply tell him you definitely were not doing that speed, in fact you dont believe you were speeding at all, and you dont believe the copper can prove it because you didnt do it. The prosecutor is likely to simply drop the case, its not worth pursuing without any evidence.
If you were silly enough to open your mouth and admit your speed, then the cop has evidence. If he did get you on radar, he has evidence, but I am pretty sure he should have advised you of that. If the prosecutor feels he has enough evidence, he will proceed with the case and you will get a heavier penalty for pleading not guilty....
Next time let the Evo get in trouble on his own. Stick to the limit and let him have his accident alone.
thats one of the first thing the cops always seem to ask "do you know how fast you were going" as soon as you say how fast, theyve got you. i always say ,yes officer the speed limit . never admit anything..
I had a chat with a high way patrol bloke a year or so ago
Apparently they are classed as experts in judging the speed of a car so they can fine you for what they estimate you to be over... however i thought he mentioned you dont lose as many points or something because they are only estimating
The Cult Of Personality
Is this legit mate, or is it your opinion of it??? Seems highly unlikely they will just 'drop a case' like that on the day.Originally Posted by DAKSTER
In NSW they have to have a reading from your car/bike/truck etc on either radar, speed camera or get a speedo reading from their car whislt theyre driving along behind you, most highway patrol police vehicles have "police certified" speedos fitted for this purpose,these are supposed to be certified as being accurate.
I'm not familiar with NSW law, but, as I understand it, the statutes are pretty similare around Australia.
Here's whay my local legislation provides, and I expect, if you look, you'll find something similar in NSW -
TRAFFIC ACT - SECT 38 - Proof of speed
(1) A person shall not be found guilty of an offence of or relating to exceeding a prescribed speed limit solely on the evidence of one witness to the effect that, in the opinion of the witness, the person was driving the vehicle at a speed faster than that permitted for that vehicle.
(2) A complaint for an offence of or relating to driving a vehicle at a speed exceeding a prescribed speed limit shall specify the speed at which, or faster than which, it is alleged the defendant drove the vehicle.
(3) Evidence may be given in any proceedings in a court for the purpose of showing the speed at which a vehicle was travelling at a particular time by reference to the calculation of the speed of that vehicle as shown on a traffic infringement detection device and, where evidence is so given, it shall be prima facie evidence that the vehicle was travelling at the speed so calculated at that time.
But I agree with Huntington: the evidence might be something other than radar - a spoken admission might suffice.
Mucca Mad Boys
the worst thing you can do is tell them how fast you were going, then they can get you. the other thing, dont believe everything you read here
No, its a fact. If the prosecutor feels that the case isnt rock solid, and you arent going to plead guilty to a minor offense, its not worth blocking up the courts with petty stuff if you are going to mount a defense. Its simply not economic. They work on a budget too..
Of course, if its an open and shut case, like they have a photo and speed reading of you in the car, then he will proceed, because there are no points of law to discuss and no possibility of you presenting any evidence to the contrary.
A good barrister, or even your basic legal aid lawyer, can make quite a lengthy case out of a policemans abilitity to judge your speed in various circumstances and conditions, and although you may ultimately lose, it will have cost far too much time and effort for the courts to justify spending on your relatively minor offense (major in terms of speed laws, but minor in the big picture). If theres a chance of that happening, they just wont bother.
This.
HWP are certified as 'expert witnesses' in the subject of speed for the purposes of giving evidence in court. Even with a lidar reading they base their judgement of speed on their own visual estimate and use the lidar reading only as a confirmation of their estimate. So the notion that he 'has no evidence' is naive and baseless.
Yep. Invariably when you are stopped for speeding or any other offence the officer will ask you “do you have a reason for exceeding the speed limit” etc.? This is their cunning way of getting you to admit to the offence. If you say you were late or give an excuse you have admitted you were committing the offence. If you say “no” you have admitted you were. The answer to the question is “I wasn’t speeding” etc. Deny the allegation. You will still get the ticket and if you choose to accept the fine all good. If however you genuinely feel you have a case then the prosecutor does not have an admission and it will be their word against yours along with any other evidence they may have.
I'd be taking it to court with such a serious offence. Cant get any worse that that lol. Thats the top offence.
I don't car how well trained and experienced someone is, you cant accurately judge the speed of a car as a stationary observer from a point off in the distance.
I'd challenge it if it was me even though it is a very very tough process. A lot of dreamers think they can find some magic loophole to get them out of something that they've actually done. Ive successfully challenged a fail to give way infringement before, but only because I wasn't doing what had been alleged and even that took me 9 months to sort out and included statements, hours of meetings with ethical standards boards, etc (never got to court but I would have gone all the way). If you were speeding as much as the copper said, don't even bother to fight it because by the time you're getting grilled by a group of senior officers every little half truth and inconsistency in your story will come out.
Your freedom ends where mine begins
I want to know why the OP says there is no evidence of his speeding?
And if he pulled the OP over, then how did he also get the evo for 190km AND why does the OP know this?
Cheers,
How hard can it be?
I want to know why the OP thinks doing "at most" 20kph above the fastest speed legally allowed on any NSW road is a defence...
How far do you really want to go when you have admitted you've broken the law? You might just have to cop this on the chin mate.
Mike.
The New Ride - The Class 2 Shuttle Craft (VE)
I'll be he comes to get you, some shopping trolley kind of thing, that gets you where your going nice and slow... Well off you go that's fine, the pleasure's all mine.
When I light the nitro on my HQ 454 Monroe!
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