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slow_poke
15-06-2010, 01:58 PM
Hey guys i got pulled over last week for apparently speeding, it was a little bend in the road it was still 60 and i passed a police officer car so they pulled me over. Now the guy was braking for this bend but iv'e been through it heaps at 60 no problems because as i said it was a slight bend. Now he said to me i was going between 60-80 now that is a huge gap already, then we had a chat i gave no hassles then was on my way. Now today i have recieved a ticket for going 25km/h over the limit, and because i have like 3 demerit points left [started with 5 cos of red p's] i have basically lost my licence. Now guys just wondering how can i fight this? any info would be great.

cheers

Zilli
15-06-2010, 02:03 PM
there is no wayt to fight it but to go to court... if you feelt he didnt have a reading then you can fight that... did you ask for a radar reading?

also, to clarify your story... was the sign posted speed limit where this happened 60km/h, and you state you went through a bend on said road at 60km/h? is this correct?

DC2-PWR
15-06-2010, 02:16 PM
Hey guys i got pulled over last week for apparently speeding, it was a little bend in the road it was still 60 and i passed a police officer car so they pulled me over. Now the guy was braking for this bend but iv'e been through it heaps at 60 no problems because as i said it was a slight bend. Now he said to me i was going between 60-80 now that is a huge gap already, then we had a chat i gave no hassles then was on my way. Now today i have recieved a ticket for going 25km/h over the limit, and because i have like 3 demerit points left [started with 5 cos of red p's] i have basically lost my licence. Now guys just wondering how can i fight this? any info would be great.

cheers

I think you will get an extra good behaviour point. Not sure though

slow_poke
15-06-2010, 02:29 PM
there was no radar reading and it was a 60 road the whole way through

slow_poke
15-06-2010, 02:30 PM
whats a good behaviour point lol

Mugen_Euro
15-06-2010, 02:50 PM
you have to write a letter to the department that issued the ticket and explain what happened and if its taken to court which it probs would be just fight it.
if he had a radar gun and refused to show it you should mention that in court you should also go equipped with stats on radar gun inacuricies and ask weather the radar gun was tested before and after you were pulled over, chances are that they didn't check it after. In most states this is law that the gun must be checked before and after. I know people who have gotten away with speeding by simply knowing what to do in court.
But if the officer didnt have a radar gun and just judged your speed... gg... iono like you said 60 - 80 is a big gap, just mention what you said in the post, you took the corner, which you driving many times, at the speed limit, the cops pulled you up because you passed them as they were braking, if they say you were driving dangerously... iono u hav a fwd they have a rwd, comodores are well known for spinning out... just say that LOL

Zilli
15-06-2010, 02:54 PM
^ do you have a link to support your claims about the legalities of checking thr radar before and after? or is that just hearsay?

Mugen_Euro
15-06-2010, 03:16 PM
hahah jus a lil sumthing i picked up :D
iono if its tru or not go dwn to the coers an ask
but heres were i herd it
http://www.techdirt.com/articles/20080718/1234331725.shtml
search around and ull find alot of ppl say it too

ekay1
15-06-2010, 07:03 PM
As others have been saying, if the cops cant give evidence, you should be able to fight it =) Probably just targeting P platers these days =\

DC2-PWR
15-06-2010, 07:12 PM
Probably just targeting P platers these days =\

Yeah man, P-platers from Januaray to June in 2010 have been killed more than last years January to April. Theres a statistics page that I read earlier but lost it on the net, will find it for you guys though. So I think coppers have a legit reason targeting P-platers, and other random fags.

white_ep3_civic
15-06-2010, 07:27 PM
If the cop has no proof then the fine will be thrown away. Simple as that. Take it too court and fight it.

Giraffe
17-06-2010, 01:31 AM
wow so much effort to fight it, sigh* cops man --"

Chriskoss
17-06-2010, 01:41 AM
Slow poke.
please fight it
seems like a hassle
but that is seriously a joke
if the cop had a chat and let you on your way, and gave no bloody intention you were getting a fine. then you should NOT get one. He obviously knew he had no proof you were speeding (and in your words you were really not) so then he prob got ticked off by you not admitting it (that is what they base most of their fines on, people going ok sorry plz bla bla).. and just decided to write you out a fine anyway
go to court, say he didnt show the radar when you asked for it (just to strengthen your case).. and say he said you were going between 60-80 which means he was guessing your speed and he said there would be no fine issued

then start to say how your time is wasted being in court today for this rediculous claim.. and how you should be compensated for lost time/wages...

they will dismiss it quick smart

ill giv u an example of my case while not going into too much detail

f3 on sydney.. in middle lane

see a copper on a bike speeding himself.. zooming down the right lane atleast 150

i was doing like 110-120.. (green p's limited at 100)

so i pull into left lane.. copper goes str8 behind me. right up my ass.. felt like slammin the brakes and letitng him die

followed me for a good 20 mins. tailgating me so far

made sure i was doing 100 or less..

so he pulls me over.. after about 20 mins., then says' u were speeding 'back' there'

im like when u were dangerously following me close for about 20 mins pal

hes like oh yeh u wna be a ****en smartass get out of the car.. so i asked him for a speedo reading of my speed when i was supposably speeding

hes like ur in the middle lane and ur a p plater u were speeding

im like oh so if u have no radar ill be on my way then thanks

he got really ticked off.. started calling me a ****ing smart ass uni student. little shit, all

snatched my liscence off me

took his sweet time, about 20 mins, doing a check up

he was so angry he cudnt do me for nuthing..
he runs 2 the front of my car,, says im missing a p plate.. and that hell send me a fine in the mail for it

i said go right ahead. i have 1 on the back.. it flew off while driving.. if u wanna waste ur time in court for a 90 dollar fine go right ahead

he got on his bike and sped off

the moral of the story is. dont just admit to a copper saying u were speeding.. have them show evidence or tell them theyre wasting ur time.. they truly do make up speeds for people just to meet their speed ticket + traffic offence quota that they have to meet every month etc etc'

just money raising for k-rudd

o well this story turned out to be long but u get the point man

good luck

MasterPHO
17-06-2010, 01:44 AM
well in my passed experience ( I have likes lots, quite notorious lmao) I have tried to fight my penalty notices, by sending an appeal and be shifty about it. I even tried to send an appeal for my friend who took a illegal right turn and the cops told him (he was a red P plater at the time) that since its his first time appealing should give him a warning. It wasn't the case though, most of the time i tried the appeal got rejected and you still have to pay the fine.

May I ask if he issued you a fine on the spot?

slow_poke
17-06-2010, 10:30 AM
well in my passed experience ( I have likes lots, quite notorious lmao) I have tried to fight my penalty notices, by sending an appeal and be shifty about it. I even tried to send an appeal for my friend who took a illegal right turn and the cops told him (he was a red P plater at the time) that since its his first time appealing should give him a warning. It wasn't the case though, most of the time i tried the appeal got rejected and you still have to pay the fine.

May I ask if he issued you a fine on the spot?

Nah he basically was hinting to me no fine will be issued i reckon it was his ass partner, was really rude. LOL

MasterPHO
17-06-2010, 10:57 AM
Nah he basically was hinting to me no fine will be issued i reckon it was his ass partner, was really rude. LOL

Yeah there's always the nice one and the effed up one. Sigh. Anyways since he didn't issue you a fine on the spot then I reckon you can use that as a defense, but like I said I tried Appealing to the SDRO using the officer's words But got rejected. So if you want to fight it and believe you have enough grounds to, just court it. One of my Friend did. (just gotta find that prosecutor and suck up to him like no tomoz).

I reckon your grounds would be:
-Officer didn't issue you a fine on that day and said he'd give you a warning
-He did not have a radar Gun to justify your speed
-Radar Gun was being gay (like Mugen_Euro mentioned)
-Basically Just work out how many proof you can have on the dude and fight lol.
-Oh it helps if you know the officers name, in which cases you don't since he didn't issue you a fine (in other words .. you didn't get notified)

Tip (Sucking up is your best Friend) =]

I presume this is one of the first time you got fined?

Mr_will
17-06-2010, 01:09 PM
If the cop has no proof then the fine will be thrown away. Simple as that. Take it too court and fight it.

incorrect.

Mr_will
17-06-2010, 01:10 PM
get yourself a solicitor.

they will explain the best way to approach this in court. the best way may not necessarily be to deny that the act actually occurred.

WATAJK
17-06-2010, 04:18 PM
If you win this case by taking a lawyer or whatever, you won't be obliged to pay his fees. Just remember if you do lose you will be obliged to pay his fees... But tbh.... that cop must of had something up his ass that day LOL... watta ****head..

Giraffe
17-06-2010, 05:32 PM
Slow poke.
please fight it
seems like a hassle
but that is seriously a joke
if the cop had a chat and let you on your way, and gave no bloody intention you were getting a fine. then you should NOT get one. He obviously knew he had no proof you were speeding (and in your words you were really not) so then he prob got ticked off by you not admitting it (that is what they base most of their fines on, people going ok sorry plz bla bla).. and just decided to write you out a fine anyway
go to court, say he didnt show the radar when you asked for it (just to strengthen your case).. and say he said you were going between 60-80 which means he was guessing your speed and he said there would be no fine issued

then start to say how your time is wasted being in court today for this rediculous claim.. and how you should be compensated for lost time/wages...

they will dismiss it quick smart

ill giv u an example of my case while not going into too much detail

f3 on sydney.. in middle lane

see a copper on a bike speeding himself.. zooming down the right lane atleast 150

i was doing like 110-120.. (green p's limited at 100)

so i pull into left lane.. copper goes str8 behind me. right up my ass.. felt like slammin the brakes and letitng him die

followed me for a good 20 mins. tailgating me so far

made sure i was doing 100 or less..

so he pulls me over.. after about 20 mins., then says' u were speeding 'back' there'

im like when u were dangerously following me close for about 20 mins pal

hes like oh yeh u wna be a ****en smartass get out of the car.. so i asked him for a speedo reading of my speed when i was supposably speeding

hes like ur in the middle lane and ur a p plater u were speeding

im like oh so if u have no radar ill be on my way then thanks

he got really ticked off.. started calling me a ****ing smart ass uni student. little shit, all

snatched my liscence off me

took his sweet time, about 20 mins, doing a check up

he was so angry he cudnt do me for nuthing..
he runs 2 the front of my car,, says im missing a p plate.. and that hell send me a fine in the mail for it

i said go right ahead. i have 1 on the back.. it flew off while driving.. if u wanna waste ur time in court for a 90 dollar fine go right ahead

he got on his bike and sped off

the moral of the story is. dont just admit to a copper saying u were speeding.. have them show evidence or tell them theyre wasting ur time.. they truly do make up speeds for people just to meet their speed ticket + traffic offence quota that they have to meet every month etc etc'

just money raising for k-rudd

o well this story turned out to be long but u get the point man

good luck

that happened to this guy i know along those lines , except my he was in behind the cop and he saw a motorcycle being a dickhead driver so he followed in behind and the motorcycle sped up and stop and pulled him over and was like if i had my gun i would shoot you. ( the guy i know didnt know he was a cop) and the cop hooked him in the face, the guy got his plates and went to the police station to find out he was a cop and made a complaint but didn't make a charge cause he was in the wrong too and he was carrying more than 1 passenger ( red p's )

white_ep3_civic
17-06-2010, 06:15 PM
incorrect.

Really. I have always been told that if the cop has no proof then there is no evidence at all of your actions

Mr_will
18-06-2010, 03:08 PM
If you win this case by taking a lawyer or whatever, you won't be obliged to pay his fees. Just remember if you do lose you will be obliged to pay his fees... But tbh.... that cop must of had something up his ass that day LOL... watta ****head..

my god, the shit on this forum never ceases to amaze.

where did you pikc up this little gem? if OP engages a solicitor, he/she will be paying, win or lose.

Mr_will
18-06-2010, 03:08 PM
Really. I have always been told that if the cop has no proof then there is no evidence at all of your actions

'proof' can be them seeing you do it.

MasterPHO
18-06-2010, 07:32 PM
'proof' can be them seeing you do it.

Agreed, they are the enforcers of The Law, and we're the one wit the modded Cars, lol whose the Judge gonna believe. Those bastards are just out to get us all.

WATAJK
18-06-2010, 07:51 PM
my god, the shit on this forum never ceases to amaze.

where did you pikc up this little gem? if OP engages a solicitor, he/she will be paying, win or lose.

dude settle.
Ive been to court cases, my parents have gone to court many times regarding MANY matters.
And yes, what you said is true cause the shit never ends.
I picked that "little gem" from my parents QC, Solicitor and lawyer as all there cases are based on the basis that if cases are won payment is sought from the other party (Eg. Government in relation to traffic offense)
Also compensation into absolutely wasting my parents time as they have a business to run.

If you do pay and you DO win the case i would be expecting a much cheaper fee.
#1 He gets paid through the courts wheather you wish to accept what im saying or not
#2 He gets rep through winning more trials and basically eventually charges more $$ based on his recording.

Cheers for reading.

Mr_will
18-06-2010, 11:28 PM
dude settle.
Ive been to court cases, my parents have gone to court many times regarding MANY matters.
And yes, what you said is true cause the shit never ends.
I picked that "little gem" from my parents QC, Solicitor and lawyer as all there cases are based on the basis that if cases are won payment is sought from the other party (Eg. Government in relation to traffic offense)
Also compensation into absolutely wasting my parents time as they have a business to run.

If you do pay and you DO win the case i would be expecting a much cheaper fee.
#1 He gets paid through the courts wheather you wish to accept what im saying or not
#2 He gets rep through winning more trials and basically eventually charges more $$ based on his recording.

Cheers for reading.

well you obviously aren't listening very closely. fyi solicitor and lawyer are synonymous.

in criminal and traffic matters, costs are awarded only where the prosecution was malicious or there has been some other gross error on the part of the police/crown such that the prosecution should not have been brought in the first place. you can 'expect' away, but I can tell you it ain't gonna happen. I spend the majority of my time in the local court and I am yet to see costs awarded in a traffic matter.


civil trials are a completely different matter, but thats irrelevant for the OP

WATAJK
18-06-2010, 11:34 PM
^^ Idk im just going by what i've heard and seen through what my parents have done through life.
However im not doubted you in anyway. I like to be proven wrong cause at the end of the day you learn something new :)

androo
19-06-2010, 10:19 PM
Sound stupid - But are you sure it's for the same day + place? Not a speed camera or anything? lol

Good luck with it...

slow_poke
20-06-2010, 12:23 PM
Sound stupid - But are you sure it's for the same day + place? Not a speed camera or anything? lol

Good luck with it...

Yeah same day, and same place lol no cameras on this bend hahah

WIGGLE
21-06-2010, 10:39 AM
one of the best lawyers around dealing with this stuff
he has got people off speeding tickets for fixed speeding cameras
http://www.drinkdrivinglawyer.com.au/drink-driving-lawyer.asp?ID=4005