legal advice?

[hakhawk]

no, I do not admit to doing the speed it says I was doing, I know that 40k's over is loss of license, I do not believe I would of been going that fast. there are 2 possibilities - my speedo is incorrect or the other car in the photo was doing the speed that i've been fined for.

ps i've never lost control of my car, got my license 8 years ago and this is only the first time i've ever even come close to loosing my license. i had a speeding fine in 2009 for doing 66 in a 60 zone and I was about 50m away from an 80 sign...

back on topic can anyone answer the two questions

1. Can I ask them to provide information as to whether or not it was parked in a council approved location
2. Can I ask them to prove beyond reasonable doubt it's my car doing the alleged speed and not the other one in the photo?

start with the cheapest option, test your speedo.
check that your aftermarket wheels and tyres rolling diameter is the same as factory tyres, if not, you can calculate the difference in speed
this site is easy to use to compare, shows speed difference at bottom. Tire size calculator

then get a friend with a relatively new car, who knows their speedo reading is accurate to within ~5ks, and drive behind them at a set speed, pull over and compare speedos.

if your speedo is close to theirs, you can probably rule out a 20kph difference(unless you were actually sitting over 100, and the small difference in reading put you up further again), then its time to call someone who can help. preferably get in contact with the person decicrate linked.

 

[Decicrate]

The OP admits he was speeding. Why would any of you assist him in getting off when some of you here have sat in other threads where people have been killed by speeding drivers and condemned them? Here is one alive and kicking and you are helping him get off so he can thumb his nose as the system and do it again?

Every day guilty people engage legal representation to assist them when going to court.

The OP may have admitted to being above the limit but he is saying that he was not doing the speed that was recorded, so if he is doubting the reading provided then he has the right to peruse the matter through the court system.

 

[Jesterarts]

Hi all

i received an infringement notice today in the mail and well... I want to fight it and just wondering what experience you've all had in the past.

some details.. 126 in an 80 zone..... (i don't even believe I was going this fast I would of said 100 at tops) 8 demerits and $933, I don't mind the money more so the loss of license for 6 months... I did not make this thread to get flamed at for speeding so please if that's all you're going to comment on, leave your comments somewhere else... it was on a straight road with a medium strip and no way of turning into my lane or entering traffic, no residential properties or driveways on to the road, so yes even though I was speeding I was only putting myself in harm by doing so.

when I got flashed on the night i went down the round about some kilometer down the road and came back the other way and pulled over to take photos of the camera so I could get it's position and the fact that there was no "speed camera in use" sign. while taking photos of it the camera flashed at another car on the other side of the road going in the opposite direction so I would assume it would take photos of both lanes of traffic.

First things first, there is a another car in the picture it took of me and you can see the other cars license plate ( on the other side of the median strip, coming the other way) i've already established it can take photos of cars coming the other way, can I ask them to prove that it was my car doing the speed and not them?

The other thing is I want to ask them to prove to me that the speed camera was in a council approved location, can I ask for this information? (I have photo graphic proof of where the car was located so more so just want to find out if it was parked in a council approved area)

I've tried asking legal advice but everyone wants to pay like $300 + dollars to answer those two questions, perhaps someone here has been in a similar situation

any advice would be greatly appreciated

This mentality usually precedes "... I'm so sorry, I didn't even see him/her... they just came out of nowhere..."

You can fight it, but the outcome of these things is subjective. Just because someone else in the same situation got off in the same circulstances doesn't mean the same will apply to your case.

LOL at the fact your complaining that there was no sign telling you there was a speed camera.

In regards to finding out from the council if the camera was in an approved location, best of luck to you. Councils are them most un-responsive organisations at the best of times, you'll be lucky to get an answer to such a question this year.

Anyway, the best bet is so stop being a tick arse and get ACTUAL legal advice. you're dishing out $933 anyway to whats another $300 if it helps you get off.

In the end, best bet if you want to keep your licence is to not speed rather than try and claw it back.

 

[Jonno]

lol. good luck buddy, u broke the law, u admitted it... no point crying over it now...

 

[VicCop]

lol. good luck buddy, u broke the law, u admitted it... no point crying over it now...

Good pick up as I'll admit I didn't properly read the first post and missed the admission.

Best to call a lawyer, not fish to possible solutions to your momentary lapse of judgement (or apparent stupidity). If the offence is found proven, I bet that after the six months is over and you're back on the road, you'll never do it again. If that's the case, then the system has worked.

That being considered, along with the other comments appearing I think it's time for this thread to come to an end.

 

[Not_An_Abba_Fan]

The camera uses a grid system to ping a speeding driver. When a car enters the zone so to speak, it triggers the camera, so even if there were 5 cars in the picture, the grid system can pick out which one was speeding. If more than one was speeding, the camera will take multiple photos and each driver will receive an infringement.

As far as a "council approved" location, I didn't think the camera's needed to be in an "approved" location, just not on private property.

 

[500VZ]

back on topic can anyone answer the two questions

1. Can I ask them to provide information as to whether or not it was parked in a council approved location
2. Can I ask them to prove beyond reasonable doubt it's my car doing the alleged speed and not the other one in the photo?[/QUOTE]

It dosent hurt to ask questions. we are all still learning these days. but to what i have read i dont think you will get off with this one... it's a concenquence your ganna have to take on the chin. All i say is UNLUCKY!

 

[Jesterarts]

It dosent hurt to ask questions. we are all still learning these days. but to what i have read i dont think you will get off with this one... it's a concenquence your ganna have to take on the chin. All i say is UNLUCKY!

I don't see how luck has anything what so ever to do with the situation the OP is in.

Only connection I can see is it was lucky that this random camera caught someone who has demonstrated they should now be allowed on the roads and will help remove this person from the roads for a period of time.

5-10kmph over is asking for it, 10-20kmph over (which the OP is freely admitting to doing) is plain stupid and unnecessary and anything over 20kmph over a driver showing they aren't the sharpest tool in the shed and therefore need to be removed from the roads until they grow up.

But again, getting caught speeding has nothing to do with being "unlucky".

I am really perplexed by these threads, I understand that some people speed including myself. But I don't try to get out of the punishment which I am well aware of for speeding. Having said that I haven't had a single ticket for anything in 5 years but, but that's another story.

I'm training my new puppy at the moment not to bite. Every time she bites my big toe she gets a smack across the arse and get told off. Even though she LOVES biting toes she has stopped after about 5 days of this training. She understands that the particular action of biting will result in a form of punishment and therefore she doesn't do it even though she thinks she should be allowed to bite my big toe all day long as she's really not hurting anyone.

So why oh why are some people unable to learn this same lesson in regards to speeding? Don't want to lose your hard earned cash and potentially your licence, then don't speed.

If you choose to speed, don't be surprised when you are punished.

If the OP manages to get off on this punishment on a technicality, then he is less likely to learn not to speed and mroe likely to learn that speeding will not result in a punishment. This is counter productive as he will be more likely to speed in the future.

 

[383 hatch]

LOL @ "oh, but i need my licence for work". Isn't that whole point of relieving a driver of there licence for a while? To take something away that is needed in an effort to punish the person and try to make them not do it again? If you are allowed to still drive a limited amount when you "technically" have no licence, where is the lesson?

 

[Killr6]

Good pick up as I'll admit I didn't properly read the first post and missed the admission.

Best to call a lawyer, not fish to possible solutions to your momentary lapse of judgement (or apparent stupidity). If the offence is found proven, I bet that after the six months is over and you're back on the road, you'll never do it again. If that's the case, then the system has worked.

That being considered, along with the other comments appearing I think it's time for this thread to come to an end.

i have to agree here, to the OP i suggest you just bite the bullet and accept the fact you broke the law.

3 years ago i lost my license for 6months for speeding, since i got my license back i haven't got one ticket since.

so the system works and it taught me a lesson, but i got it the hard way, just like you will.