Banned
Im sorry, this part ^ of your story doesnt seem to ring true.Originally Posted by Robertr
You were monitoring the position of a police car all the way down a hill in your rear view and you "think" you were not speeding? the thought or opportunity to check your speedo just once didnt occur to you in all of this?
what speed do you reckon you were doing and how did you arrive at your estimate?
Hey. I didnt know it was a police car until he hit the red and blue's. There is a corner then a 200m uphill, then after the crest a 500m downhill. As I came to the crest of the hill the police car still had not turned the corner. I noticed the headlights coming over the crest and they caught up to me and turned on the sirens about 3/4 way down the hill. At no point were they "following" me. They caught up and turned on the lights. When they hit the sirens I looked at my speedo and the needle was at 65km. I did release the accelerator when they turned on the lights but rolling downhill I wouldn't have lost 22kmh in the time it takes me to look from my rear view to my speedo. I drive the road everyday and I gave it a go the day after. I pulled over just at the bottom of the hill at a bus stop.
After I checked the speedo I thought I was all good speeding wasn't even a worry, I figured they had just seen me, black commodore with rims, leave the pub (pub is just before the corner) and it would just be an RBT. I was DD. I had two mates in the car and we had picked up a carton on the way out of pub (bottlo on the side). I had a couple of beers at the pub but I knew I would be under .05. I told the officer I had a couple when she asked. She breath tested me and took my licence went back to the car for a min or two then came back, i thought it was over i was under the limit I said "is that all good?" she said "yes your not over the limit" but then she started the speeding questions something along the lines of;
"did you know you were speeding" - "No, I don't believe I was going over the limit" "are you in a hurry" - "no" "do you know the speed limit" - "yes 70". "you were going 87" "I don't think thats right do you have this recorded" "yes we have it on the trap speed in the car" I went over the police car the officer in the car pressed a button and "trap speed 87" came up on commodore dash.
I asked how this worked she said they were following me down the hill and got my speed. I asked if there was any additional radar or camera footage she said "no, if you could please return to your car now" I was polite the whole time, you could ad a couple of pleasantries in the text "hows your night/been a busy one? ra ra ra" you get no where being angry or smartass to the police.
I went back to the car, told my mates what happened and they were pissed and pissed off, wanted to start arguing and making a fuss, i told them not to bother, waited a couple of min then she gave me the yellow paper. There was no use huffing over it there they had already written the fine so here I am getting my huff on.
Take it out/Take it Back
You do realise...that if they dont actually have a radar, and want to find out how fast you are going, they have to speed up to how fast you were going? HerpDerp
Yes, It's not the case here though. They wern't speeding up to my speed they were going faster then me. The officers were some distance behind me, not even in line of sight as I reached the crest of the hill, so obviously they had increase speed to catch up to me so they could see me. But follow speed is attained by comparing the subject vehicle (me) to that of the police car. Refer to Manual, I'll link it again. Speed Detection.
So they have to maintain my speed to gauge an estimate and record it, which they did not do. If they were catching up to me then they were going faster then me, at no point did they maintain speed and they pulled me over the moment they had caught up. If they were going faster then me up until the moment they pulled me over, and they pressed "trap speed", which records the speed of the police vehicle when pressed, at any point while catching up to me, wouldn't the speed recorded be faster then what I was going and not an accurate measure of my speed? And whats HerpDerp?
Last edited by Robertr; 08-04-2011 at 03:23 PM.
Ask them to provide evidence of your alleged speed, in a format than can be presented to the court. If they present something that only Traps THEIR speed then contest it on the grounds that it does not trap YOUR speed.
As the Police are alleging this offence, Under law, they must prove beyond reasonable doubt that you were doing what they say you were.
If you can prove doubt of any sort, theoretically the magistrate must award in your favour.
The downside is that they are Magistrates, not judges, so their own opinions and prejudices are allowed to stand. I proved doubt in an offence four different ways, yet the magistrate awarded against me. I had a police prosecutor advise me, and script the entire proceedings - yet lost.
The problem is not evidentiary, the problem i sthat you are not sitting in front of a judge at first. If the magistrate finds against you, then you can appeal and go before a true judge who is bound by legal precepts.
As the kind gentleman told me... your over BUT ILL DO YOU A FAVOUR. JUST DONT TELL MY SERARGENT!!!
Enough said am a family man with 2 anlkle bitters and a loving understanding wife.
L
Should add that was "caught at 86 in a 70 zone only car on the road no problem just over" my advise JUST SUCK IT UP BUTTERCUP take it as a life lessson and get on with it, if not walk. Just my 2 cents worth....
In the ACT if you send a letter in, it will be given to the officer who issued the fine. Its then up to the officer if he or she want to change the fine or not. I guess that would depend on how you treated the officer roadside. I have always said you can talk yourself into a fine but not out of one.
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