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NSW do i have any right

Discussion in 'Politics, Laws, Government & Insurance' started by timskes, Feb 3, 2011.

  1. on Monday afternoon i was done doing 100 in a 60 zone (f*cken stupid i know with a big juicy red P plate on the back of my bike.) but the officer didn't show me the reading on the "hairdryer" and couldn't produce any calibration records when requested.(apparently they are ment to show them on request)

    do i have the right to appeal the loss of my license? if not what are my options?


  2. yeh, you have the right. Will it get you anywhere? No. You're screwed mate.
  3. Not legal advice as such, but i reckon if you fought it they would easilly be able to bring documentation to court to show there speedo was correctly calibrated for that date.

    If you know you were speeding and got pinged it's a very expensive process to try and get out of, lawyers ect it may be just cheaper to public transport for the suspension period and put your money towards a after P's upgrade bike instead
  4. get a good lawyer, could work
  5. Just quickly.....

    he does NOT have to show you any reading on his "speed detection device", its not a hairdrier, belive it or not.

    He does not have to produce a certificate of calibration at the roadside, but will do so in a court of law, where you may request it be supplied.

    You got caught.
  6. tough luck mate
  7. Your best chance in contesting may be to present your 2000 Kawasaki GPX 250 with Two Brothers slip-ons as evidence that you couldn't have possibly been travelling at that speed, on that motorcycle.
    You'll appear credible to most..
  8. you're done. go buy some vaseline
  9. Suck it up and move on (on foot)
  10. You have the right to remain silent.
  11. As said get a good lawer but your most likely screwed.
    How long do you lose your liscence 6months??
  12. 100 in a 60 zone on your P's?

    Do not pass go, do not collect $200 certainly do not try and take it to court.
  13. so, were you doing 100 in a 60 or not?
    if your numbers up, it's up.
    how about some accountabilty?
    is the fine cheaper than a lawyer?
  14. did you admit to speeding when asked?

    You could maybe get a probationary (1 point 12 month) licence if you went to court, but that would be your best shot
  15. ^^ i thought that was only if you were caught DUI???
  16. If nothing else, what you said by the side of the road could hang you.

    If you did not admit to being above the speed limit, then you in theory at least, have some options open to you in theory.

    How were you detected?

    If LIDAR and flagged in by the copper - you have little recourse except for a critical user error flaw or calibration.

    If the unit was an older style radar and there were other speeding or larger vehicles in the area, there may be a radar based technical argument open to you.

    In either case, it's gonna cost big $ to make these arguments in court PLUS the lawyers fee.
  17. so much for "a time and place.."
  18. Considering that the place determines the time, and we have no information as to the place, we're not really in a position to cast judgement on that. For all we know it could be like the Royal National Park where a rider would be lucky to get booked at less than 100.
  19. I appealed a speeding fine for 89 in a 60 zone while on my P's (car though)

    My Lawyer had the hearing adjourned twice to draw the process out, by which time i was on my full license. In theory it should be back dated that i breached my P conditions but in my case i simply pleaded guilty, paid the fine and court fee's. 3 points were added to my full license and i have never heard of it since.

    Is it 40 or 45 over that's instant license loss in NSW? In SA more than 10km over on P's is instant loss so i should have lost my license. I know other people who did the same thing (drew the process out in court) and ended up having the points added to their full license.

    Either way all the best, i lived 18 months not knowing if a disqualification was about to turn up and it really plays on your mind. Having said that it taught me a lesson.