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NSW Contesting a speeding fine

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by protean, Jan 29, 2015.

  1. Hi all,

    I received a speeding fine recently and am very sceptical about the measured speed. A couple of quick questions:



    - The HWP officer showed me the measured speed on a hand-held radar/ladar, even though he was in the car and travelling at the time that he claimed to have detected me speeding. Is that normal? Would he not have used mounted radar to check my speed?
    - What evidence of the device's measurement can I request to contest the fine?

    Thanks!
     
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  2. How much are you over and is it worth fighting about?
     
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    • Agree Agree x 1
  3. Sounds interesting, I believe they need to be stationary to use the laser gun (if I'm wrong a legal expert will be along to correct me shortly)

    There wont be any evidence, it will go to court and it will be your word against theirs unfortunately.
     
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  4. www.trafficlaw.com.au

    If your question isn't already answered by their site or their forum, post it up.
     
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    • Informative Informative x 2
  5. If the evidence is solely the hand-held radar, it may be worth finding out from the police the model details of the unit, and asking the manufacturer if they can confirm that it's capable of being accurate while the operator is moving.
    Someone here may know.
    I think you need to see the brief of evidence against you first of all. I assume that means going to court.
     
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  6. If you are going down this path, maybe you could also request the maintenance schedule for the unit to check that it has been calibrated as per the schedule if it's available. I don't know if they have to give this information though.

    But refer to chillibuttonchillibutton 's question also.
     
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  7. Where's JustusJustus? Justus, Justus, anybody seen Justus?

    :bag:
     
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    • Funny Funny x 1
  8. Last seen 1st January, maybe he's made a new years resolution.
     
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  9. Maybe that's when he escaped the asylum.

    :bag:
     
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  10. the officer's word is enough "evidence". His experience is deemed sufficient to not require corroboration
     
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  11. If you haven't had a speeding ticket within the last 8-10 years you can write a letter. I have done it twice ....and was cautioned with my money returned. I don't care if the fine is $50 I would still try it on....cheers
     
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    • Agree Agree x 1
  12. Besides the calibration of the unit, because they go through a number of upgrades and model changes, a question I always thought worth arguing is whether the Constable actually is certified competent on this particular model laser/radar? Just because they did Laser 101 back in HWP kindie doesn't mean they know all the bells and whistles of the latest model. See if you can get them to provide information on when he was trained on that model, more than likely it wont be available and that could be grounds for dismissal, don't know but worth a shot.

    I once saw them setup under high voltage power lines, that would have been a dream court senario if I'd been pinged, unfortunately (?) I was under the limit so I couldn't test my theory of electronic interference.
     
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  13. Doesn't matter when they did it or on what model. You are issued with a certificate saying you are authorised to use a particular device, whether that be a Laser, Radar etc. When at Court can ask to see the officers authority card to use it. Though in 15 years spending time at the courts I have never heard anyone ask for it, probably because to be a HWP officer you need it. Maybe General Duties may not?
    If it was a hand held laser/Radar it has to be used whilst stationary. How do you know he was moving when he nabbed you? Could s/he have been on the side of the road detected you then moved off?
    You will need to object to the ticket to get the Brief of Evidence to see what the officer said he was doing when he detected you. Of course as has been stated before, the officer has to estimate your speed before using the device, this way if the device is thrown out at court for some reason the officer still has that to fall back on. Especially if they qualify themselves as an expert witness.
     
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  14. Agree with this... sometimes the work involved trying to defend it is just not worth the time and effort.
    I know in NSW, it seems unless you have a clean record for 10 years, any written appeal is rejected. I've tried a couple of times, even where the method of speed detection was "questionable", and where my record was clean for 8 years, it was rejected.

    Probably best to just wear it on the chin and move on.
     
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  15. Wow....As I said both mine were wiped. Maybe you didn't write what they wanted to hear? I was told by two cops that if you have a clean slate (8-10) years, you would usually get off.
     
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  16. What state are you in?
    What do they want to hear? That you're sorry? Busting to go to the toilet? Didn't know I was speeding? Won't do it again, I promise?
    You got to remember, they must see thousands of letters of excuses a day. Maybe you were lucky, or in a state where they are more lenient.

    In NSW, the SDRO won't even consider letting you off with a warning if you haven't got a clean record for 10 years. I think it said something to that effect in the rejection letter.
    If I get time I'll see if I still have it and dig it out.

    I know now not to bother writing letters. Waste of time unless you really are absolutely clean.
     
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  17. I am in NSW. In the letters I wrote my driving record, how many years I have been driving. Yes I admitted I was speeding, described conditions etc. Yes, said I was sorry and here is my money....I wrote exactly what I was told to write by a cop. Always admit you were speeding and send the money
    The last time I wrote one was about two years ago.
     
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  18. that's tough - you've only got to be a good boy for 2 years in Vic (or 3 for a 15 over). Although it's probably tougher to stay clean for 2 years here than 10 years in NSW
     
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  19. Are you sure it was laser. This can only be used in a stationary mode. Maybe he detected you then caught up with you in the car.

    before you put yourself through the angst of court why don't you just contact the office he is at and ask to see the video. This generally will answer most of your queries.
     
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  20. What he said.
     
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