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Legal advice: Camera 40-45kph over [Vic]

Discussion in 'Politics, Laws, Government & Insurance' started by Rambler, Oct 30, 2008.

  1. Hi all,

  2. This may be your saving grace,
    Were you actually speeding though?
  3. If you were speeding at the time, and lets face it 100km/h on that road is never a good idea, then ...........
  4. This is a very difficult situation you are in.

    The police may consider the cyclist as merely radar clutter. The fact that "something in the photo" was doing 100km/h is what will be the telling argument in the courts. So, that is unlikely to save you.

    If you can find a legal person whom has experience with Camera detection devices, you could argue with physics - two vehicles in the frame could result in the cyclists speed "adding" to your speed......

    The motorcycle magazines like TwoWheels have legal people in the advertising sections - check those out and see what comes of it.

    Wish I could offer more - good luck
  5. So your debating the accuracy of the speed camera?

    I'm inclined to say - suck it up, you do the crime, you do the time.
  6. I'm not an expert but like most people on NR I'll pretend I am.

    You'll be up against it suggesting the cyclist was the person detected speeding. Another car.bike and it would be different.

    The penalties are cut and dried. The magistrate may alter the fine either way but you'll be walking for 6 months I'm sure.

    The last thing the magistrate will want to hear is that you'll loose your job. Dont even go there.....

    Good luck though.
  7. It is completely righteous to try and avoid punitive punishment for any crime where no physical or commercial harm was visited upon another party.

    Do not fight it in court.
    Write a letter.
    Say you can not believe you were travelling at that speed as you have an excellent driving record, and ask for it to be re-evaluated as there is clutter [cyclists] in the picture that may have caused error in the radar reading.

    That said: the system is designed to fark you over and take your money.
    Prepare for the worst.
  8. Consult a lawyer that specialises in the area. There is also the impact financially to your insurance to consider, and your job is a major concern.

    It's a roll of the dice, but if you have quite a bit to lose a few hundred more on a lawyer may be a worthwhile gamble.

    NB: Klutu's advice is good, but it may be worth a chat with a lawyer even before writing the letter as there may be things you should & shoult not say if you do then decide to contest the fine in court.
  9. I had that problem and i knew i was done. The best thing you could do is ask for a calibration certificate. According to the speed measuring device act 1960 a speed measuring device must be callibrated before each use. In the event that it was not callibrated then you could use that as a form of defense where the speed detected is unreliable. Another thing could be that if you were not the rider and your motorcycle was left at a friends house with the keys and was taken for a joyride without your knowledge and brought back to the premises without your knowledge therefore resulting in you receiving a fine and loss of licence then surely a magistrate will take that into consideration but you will need an affidavit to swear where you were at the time of the offence. You will still be up for a fine for not nominating the rider but if your caught lying you will face purjury charges and that is a big IF YOUR CAUGHT.
    Dont get me wrong im not telling you to do the above but there are options you might want to consider if losing your licence means losing your job and livelyhood.
  10. try dropping an email to aussiespeedingfines.com.au pr dontgetcaught.com.au they may be able to assist.

    If there is another vehicle in the photo, be it a bicycle, it is still moving and that could have affected the reading.

    Beach road is not a place to be doing those speeds.
    If you need to do 103 in a 60 zone in order to overtake, the overtaking opportunity was never present.

    Good luck though.
  11. radar works by bouncing two specifically timed pulses off a moving object and measuring how long they take to come back.

    If it bounced off you once and the bike rider the other time, then there is no way they can prove what speed you were doing. It is unlikely as you are a bit bigger than the push bike rider, but in court you would argue you are close enough in profile to produce reasonable doubt.

    A car driver couldn't use the same argument.

    As an engineer I think it is likely it was you they measured, but I recognise there is the possibility that it wasn't and that is enough to get off in court.
  12. Can anyone tell me, if he decides to contest the matter in court and submits the TIN, can he withdraw it later, if after he's researched he decides he no longer wishes to go down that path?
  13. The matter can be withdrawn by consent. Meaning only if the other party agree to have the matter withdrawn and original TIN reinstated.
  14. Thanks Cheky
  15. I think the main thing here is that in the event at anytime you want to contest your TIN you may do so. In the event you are found guilty the maximum penalty will be what your original TIN amount was plus $37 court costs. In the event it was for a loss of licence the magistrate cant impose a greater length of loss of licence or the amount of the fine so its more a game of roulette where you can use things like Need my licence for work, if i lose my licence i lose my job and if your licence is used as a means of transport to look after a sick family member and need to transport them to appointments. Im not saying all magistrates will find in favour of this and not suspend your licence. It depends on the magistrate and the range of speed you were doing and the circumstances. If your a smartass then dont bother going to court as you will get thrown out quicker than you can sneeze. Regarding buying time to keep your licence alot of time the court will impose the original suspension and it will commence from the date of the court case and not the date of the offence.
  16. Yeah it could definitely be a case of putting off the inevitable. But this might buy some time to organise alternative employment or transport.
    which is why i was wondering about withdrawing the contest at a later date.
  17. I had a police office dressed in stubby shorts and a T shirt who claimed i had done 130km/h down an on ramp. No radar he said he guessed it. I received a TIM in the mail. contested it and it went to court. I had the photo of the officer, copy of the calibration (car was out by 7km/h)My summons came 2 years after the date of the offence but i was found guilty of speeding but only 1 demerit point and no loss of licence as they could not determine the speed just the fact that i overtook 6 cars in a matter of seconds. The demerit points were applied from the date of the TIN. thats why i say it is a gamble with the magistrate. I would suggest he get a good solicitor to maximise his chances of getting off.
  18. I heard a similar story to yours. A leo guesstimated a driver's speed and it went to court. The driver got themselves a good lawyer and when the leo was called forward as an 'expert' witness, he was cross examined by the defence.
    The leo told the court he had the superpower of being able to determine the speed of a traveling object 100% accurately.
    The defense lawyer then rolled a coin across the court and asked him what the speed was. At that point his superpower abandoned him and he said he didn't know.
    The case was immediately thrown out of court.
    I don't know if it's a 'true' story, but it's a hellova yarn.
  19. That was a similar thing in my case. As he was a TOG he said that he estimated my speed and checked it also with the speedo. As soon as the calibration paper came out he tried to say that paper i had wasnt for the car he was driving. Credability down the drain.