Carpark Mechanic.....
Yeah, if it goes to court, you simply have to say that you were doing the speed limit at the time.. They have to have solid proof (a 3 second lock on the lidar), or else its his word against yours..
[09-01, 22:47] HoZy: VKC doesnt finger, He fists... Because Ranga
No they dont. Circumstantial and witness evidence are sufficient. They need to have enough evidence to convince a judge (or jury if you want to spend enough money to push it that far) that you are guilty beyond reasonable doubt. This doesnt need to be a speed reading. A coppers word against yours, a coppers has much more weight. Your past record is a factor too, if you have been done on previous occasions for similar offenses, it will make the judge likely to believe you did it again.
A copper becomes 'an expert witness' and his evidence will be considered as such by a judge. If the copper doesnt have radar proof, he will offer his 'expert opinion' to state that in his opinion, based on his years as a traffic cop and thousands of people whose speed he has actually measured, your speed was between X and Y.
Your charge may not be X.kmh in a Y zone, it may be modified to something non speed specific like dangerous driving or driving without due care. Funnily enough, these charges usually carry higher penalties, but are harder to disprove as they dont require a speed reading.
You then need to discredit the copper in the judges eyes, creating 'reasonable doubt'. Yeah you could try telling the judge you were being harassed because you behaved like a dick to the copper. Thats a silly approach, it will make no friend out of the judge. Unless you can present proof of a dozen instances in the last month of the same copper giving you grief, a harassment defence is a waste of time.
What you want to do is be charged with speeding, its the lesser of the available evils. The best approach is to admit to the judge that you were speeding but you dont believe you were going as fast as the copper claims... in other words, tell the truth. If you are lucky, the judge will decide to find you guilty of the lower speed, since you have co-operated.
Your only other chance is that if you get a chance to speak to the prosecutor prior to trial, tell him you will be pleading not guilty and why. He may choose to lower the speed in return for your pleading guilty, or he may decide its just not worth proceeding with and drop it. Or he may just leave the charge stand as it is if he thinks he can win.
The system can be beaten, but often its harder and much more expensive than its worth. Its all very well crying foul but its an imperfect system. Just think of it as karma for previous offenses that you got away with and suck it up sunshine. Learn from the experience.
America just kicked in yo
They will always pressure you to admit to the crime on the side of the road because they record all conversations as evidence, I had quite an argument once with a police woman over whether the traffic light was red or orange. In the end she threatened me with a speeding fine as well as the red light (that had just turned orange). I was going to get double f#cked so I just admitted it was probably red and took the red light fine. Worst case scenario usually involves a defect notice lol
========My Statesman 20's Mafless and 3.9's========
Searching for the billion
^ sounds like a bitch !! No way i'd admit to something i didn't do. She was just trying to crack you, and you cracked bruh.
Let her fine you with what she wants, then write a letter saying she's lieing and making false accusations and you would probably get off.
Got some papers in the mail court date is in January next year.
The offences are for Exceeding the speed limit greater than 20km/h and not display P plates... At the time I had P plates on the car, but he didn't like the fact that it was stuck on the very front of the bonnet, the rear was on my tailgate of the ute clear as day.....
The RTA website only says to display the P plates on the front and rear of the vehicle and how big the P plate has to be...
The bloke has written a statement which is all full of errors, spelling mistakes and alleged quotes which are using language and expressions I would never use.
In the start of the statement he says he passed me with no vehicle in front of or behind me... Then later on he says I was approaching the vehicle in front at speed.... Make up your mind pal.... I've got a few weeks to save and get a traffic solicitor...
Just a general question, I can't find the answer online anywhere... At the time of the "alleged" offence I was on my P2 licence with 1 demerit point remaining.. The day after he pulled me over I went and got my full licence... I don't think I will get the full 13 points, but surely they won't treat me as a P2 driver in the court and rape me as if I still had 1 point?
It seems like you have a case as long as you admit to speeding, if you can prove that half of the statement he wrote was incorrect you may have a good chance.Originally Posted by KingDiamond
Almost not here!
My daughter got done for 140 in a 110 zone on her P2's - the day after she COULD have got her P1's - Lost her licence for 12 months and $1,000 in fines and govt charges. Now has to start again 12 months later.... on P's for 2.5 years and cost $900 to get her licence back. No amount of telling her to slow down worked and she just kept on speeding - every where she drove (a parents nightmare - trust me)
So good luck on the P1/P2 bit hope you scape through as they say - else it's a long time (in SA now) on P's if you stuff up more than once.
White 05 V6 VZ Executive - Thrashed Ex Telstra car
and 3 Dangerous non ABS VN's
Banned
Errrr... Take away access to the car - problem solved!
Why is parenting like rocket science to some people?
Beers & Blastbeats
Pretty sure you will get owned as you were a P2 driver at the time of the offence. They take it from the time and day that the offence occurred I think. Pretty sure thats what the go is up here in QLD but may be different to you.
Let freedom ring with a shotgun blast
Banned
Seem easy? It bloody well IS easy!####ing dr phill here^^, makes it all seem easy, if we could all be so wise like you
Donati..Whoa Green
Seems pretty easy to me.####ing dr phill here^^
-Democracy must be something more than two wolves and a sheep voting on what to have for dinner.
James Bovard, Civil Libertarian (1994)
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P.J. O'Rourke, Civil Libertarian
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Ronald Reagan (1986)
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