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appealing a speeding fine

Discussion in 'The Pub' at netrider.net.au started by twainharte, Jan 14, 2007.

  1. long story short:



    whilst driving my dad was one of two cars that were stopped by a policewoman with a lidar. the driver in front was let go but my dad copped a fine. let's just say he was not impressed!

    anyway, he's written a letter to the 'director' at the infringement bureau in hopes of a reduction or better still a cancelation of the fine. he hasn't had a fine in 23 yrs.

    is writing a letter worth it or just a waste of time? the due date for payment is coming up and i've suggested to him to wait till he gets, if at all, a reminder to pay notice or a knock at the door...

    anybody care to share their opinion/personal experience...

    cheers.
     
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  2. If he's already written in, its to be considered as "the balls in their court", and AFAIK the time stops while they consider an outcome... you could always call the number and say, i've disputed this and wanted to make sure i get an extension on the payment...
     
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  3. I've been snapped twice by speeding cameras in the last five years and both times I wrote in and requested they waive my fine for the listed reasons I provided.
    I got off both times.
     
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  4. you have to send the ticket to them with the letter for the ball to be in their court.

    call em up and ask. if you just ignore it you will look rude.

    what are your reasons for objection? is it simply because the cop used her own discrection or were the rules unclear?
     
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  5. been there, done that

    If he hasn't had a traffic infringement in the last 10 years, he will have the current infirngement waived (unless he was doing 100 in a 40, or something silly).
     
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  6. Was your dad speeding? If so, considering it was a real life cop that stopped you and not a camera, and she will give evidence that she identified your car and dad as the driver, I don't like his chances of getting off. If he appeals he will simply be wasting a few days in court (Mention, Contest Mention and Contest) unless he pleads guilty straight away. He may also get to pay a solicitor who's always happy to help. :cool:

    As far as the other car goes, maybe the cop never intended to stop it cause they were not speding, they simply saw the flashing lights and stopped so the cop walked over and told them to drive on?

    Remember, the Laser Speed Detection Device has a very small beam allowing the cop to check the speed of every car in a group. At 500m they can check something the size of a number plate.

    In the end your dad has to decide if he was actually speeding. If so a mistake is very unlikely. PM me if you want more info!
     
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  7. First of all, the offence, whatever it was, occured in NSW not Victoria, so NSW laws apply.
    Secondly, NSW law DOES allow for a traffic infringement to be appealed by the mechanism outlined above, and, if it meets the crtieria I detailed above, it can be and often is, waived.....
     
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  8. My apologies.

    I know nothing about the legal system in NSW or other States. I apologise for posting out of turn.
     
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  9. You're a what?!?!? :)
     
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  10. Hey, I also ride a motorcycle!

    :cool:




    ...Am I banned now?

    :grin: :grin: :grin:
     
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  11. cheers for the replies.

    he was booked for 17km/h over.

    i really don't think he is crying foul cus he got pulled over. it's just the car in front that was not much further ahead which also got stopped was let off.

    assuming that my dad was 2-3 seconds behind the car in front, that driver too should've gotten a ticket.

    oh well, what can you do... we'll see how this pans out.
     
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  12. Have a look at the sticky under Law and Govt on speeding fines. It sounds like a fair cop, but obviously he can challenge if he wishes.
     
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  13. Nah, as long as you igno... I mean 'use your discretion', if you happen to see a netrider riding to ummm errrr 'the conditions' rather than the limit :grin:
     
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  14. Bart tooted at me while I was lane splitting over the West Gate - like a good girl I moved into a lane and sat on the speed limit...wondering why the cop in the unmarked car was laughing his head off...

    Until I got a PM from Bart the next morning laughing at me - for quote 'no matter how slow I dropped on williamstown road you wouldnt split past me...'
     
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  15. ach its a moral dilema... we need to contemplate it over a pint of guinness or 4... :wink:
     
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  16. That's OK mate some of our best mates are coppers! :LOL: :LOL:

    I have written a letter basically saying I was sorry and wont do it again and yes first offence got it waived. :grin: :grin: :grin:
     
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  17. Mmmmmmhhh, Guinness. If only Qld wasn't so far away, I'd take this as a date! :cool:
     
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  18. Hey bart, I've always wondered what happens when a police car with a built in radar goes past several bikes (say 4 to 8 in a row). Does the radar clock the speed of more than one bike? How do y'all know what bike is doing what speed?

    I assume the same radar equipment is used Australia wide?
     
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  19. Good question.

    Depends on the type of radar used, how close the bikes are and the observations of the operator.

    In general you'd be able to pick the fastest bike easy enough with most radars in use in Vic, and you should be able to get a speed on each bike. But don't forget radars aren't the only way to check speeds. :)

    To tell the truth, I have no idea what radars other states use.
     
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