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Possible speeding fine. what can i do?

Discussion in 'General Motorcycling Discussion' at netrider.net.au started by jd2710, Jul 13, 2008.

  1. so i was riding down, going to go for a cruise up mt cootha since it was nice and sunny, i was riding along, going down a slight hill in a 50 zone, theres a car infront of me, going under the speed limit, doing about 30 and braking on and off, i didnt wanna hang around behind him, cos i didnt know what he was doing, so i quickly overtook him. (it was safe to do so) right after i over took him, along comes a 4wd, followed by station wagon, and then behind that is a cop on a bike. all right behind eachother. coming from the other direction.



    soon as the cop bike sees me he does a u turn catches up and pulls me over.

    according to him i was doing "about 80" he had no radar on me or anything, and this was his estimate from the split second that he saw me.

    he filled some report out and said hes going to submit it to his boss and i will be mailed a fine.

    to me this is such bullshit, theres no way in hell i was doing even close to 80, admittedly i dont know my speed since i was watching the road, but if i was over the 50 limit it wouldnt have been more than 10 over MAX.

    What can i do in this situation? would his esitmate hold up in court? i dont even know how he could see me for a long enough period of time to make an estimate since there was 2 other cars directly infront of him...???

    would he be basing his estimate of my speed by the rate i was pulling away from the car i had just overtook, that was going way under the limit?
     
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  2. See if the fine comes first.

    He may have just been trying to scare you.


    If you do receive a fine, you could write back stating you dispute the officers "estimate" of your speed and you were doing only 10km/hr over the limit.
    They may adjust the fine to that in the interest of saving time and money.

    Otherwise, you can go to court - and it depends whether the judge is happy with a policeman's estimate or not. If he is - you get screwed for original charge + time and court costs.
    If he isn't - he'll kick the case out.

    Good luck.
    See what the fine is worth first - and if it arrives at all.
     
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  3. he seemed pretty serious to me. he gave me another fine as well - i forgot to attach the new rego sticker, so it was displaying an out of date one - $120 fine... i never knew that lol.

    so i have one fine from him already - and now i have to wait for the speeding one.... whats the wait time on something like that? 2 weeks or what... this is gunna suck, because 30k's over is a huge fine.. thats 6 points as well.

    and what does court time cost?
     
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  4. Estimates are bullshit and they cannot issue a ticket based on a "guess"
    I was going to ask if he had an on board radar but seeing as he's already given you a fine he would have done so for speeding then and there.

    I doubt the fine for a guess at a speed would come in the mail.

    If he is writing you up a fine, expect it in your letterbox by no later than Wednesday.

    I got pinged on a Sat morning, Monday the fine was in the letter box.

    I got pinged on a Monday night, fine was in the mail Wed.

    And the argument of "I was overtaking" doesn't hold up. If you had to exceed the greed limit then it wasn't safe to pass.

    Besides, If a clueless driver is in front of me, that is where I'd like to keep him/her. That way I can watch what they are doing as opposed to having them behind me hoping they aren't going to plough into me.
     
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  5. +1 to Ktulu and Vic, I would guess you will never see the speeding fine. As long as you made no admission when they asked. If it does arrive dispute the estimated speed by letter and see how you go.
     
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  6. yeah true, but he kept braking on and off, so i had no idea what he was doing, so i thought at the time it would be best just to pass him before he completely slams on his brakes or something.
     
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  7. I've heard of figures between $400-$600 for the court costs [that's for the prosecution's costs, if you get representation for yourself that'll be extra... a LOT extra] in the event of a loss.

    But I wouldn't assume it's limited to that.
    That was for pretty open-shut cases. An hour or so in court, not much more.
     
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  8. i guess i'll just have to sit tight, i'll let you guys know what happens.

    damn cold blooded cops lol.
     
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  9. Dont sweat it,from what you said i think he was just yanking your chain
    I would be very,very surprised :eek: :shock: if you got a fine
     
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  10. Dont be surprised if one does turn up it has happenned to me,and if it does just contest it and represent yourself.It will boil down to your driving record and the credability that you show to the judge.They will be hopeing that you just wear it and if you contest it there is also the possibility that the prosecuter will offer a deal just before it proceeds,and i do mean just before the judge enters.The worst that will happen is the judge may reduce the speed or better still throw it out more likely the first option.If this happens and your feeling lucky you can then apply to have the whole thing chucked out at another hearing.So if you wernt doing 80ks tell them that.It will be even better for you that he did not have clear vision of you for a period as he was behind other viechles and his view was obstructed.And for the record both times i have contested fines in court one thrown out and the other reduced from 130 in a 60 to 75 in a 60
     
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  11. thats a hell of a few days you had there Vic! :LOL:

    JD this may sound loopy but i can usually tell what speed i am doing without looking at the speedo. so for you to say you were at most 10kmh over could be correct. see if you do get a fine and it might be worth contesting.

    or write a letter to the Office of State Revenue. I have had two fines waived due to circumstances that were not my fault. i explained this and they agreed with me. could be worth a try. good luck mate.
     
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  12. Police will NEVER claim costs against someone for contesting a penalty notice.

    And a police officer "estimating" speed would be considered an expert witness in this regard. If you want to hear his version of events, I suggest waiting for the ticket (if he gave you one on the spot, I can't think why he'd post the other one)
     
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  13. I just dont see how he can estimate someones speed ACCURATELY while being directly behind 2 other cars, operating his own bike, watchign the road, watching the car in front of him, and coming from the other direction.
     
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  14. One was 1998 the other in 2008.

    But my run of late hasn't been good.

    Crashed in Feb 07, pinged in April for 80 in a 60 after I was cut off by a van.

    Pinged again in November 07 by a speed/red light camera in the patrol car.

    Got done again Jan 08 for straight lining a roundabout.

    Then got done again in April 08 for 107 in a 90.

    I'm pissed at myself for the latter as I saw him a mile away, knew I was speeding but didn't hit the brakes, just stared at the TMU vehicle until he turned the lights on :oops:
     
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  15. You what? Didn't know this? You need another go at your license.
     
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  16. i didnt know it was $120. no warning, nothing.. bummer
     
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  17. Fines

    What a rotter - My bf's brother got stung on an 'estimate speed' on a rural road NSW after overtaking a heavily overladen and uncovered loaded vehicle that was way unsafe to stay behind. (interestingly the cop never pinched that git for his load!)
    Anyway, he represented himself and didn't have any luck, apart from stretching the court case out 12mnths - the last date set clashed with his planned holidays (to compete in Finke! :) So for him the Only good thing in the end about fighting it was it delayed the inevitable points loss... on his licence.

    ** Seems these "Estimates" are becoming very common ** cheaper than radar costs/maintenance/repairs I spose isn't it..

    Write everything about Today down - make a note of what you did and why you overtook, what you were thinking when you made the move on the road, trust your judgment on what speed you were going (thought) and write it all down. Note when you then saw the oncoming vehicles and when you sighted the CopBike etc keep this info . So that if you do get that Dreaded Fine you have all the details 'fresh' and 'ready' to send a letter to OSR to ask for a waiver!

    Goodluck, if you make the notes now, you can try lettin it go from your mind and not boil on it for days n days til the letter does or doesnt arrive, because you have already done all you really can for yourself - your defence.
     
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  18. its all there, in the first post :wink:
     
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  19. If you already have a record of past speeding any Magistrate is going to side with the cop. If your record is clean I say take it court. if NOt pay it and be happy
     
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  20. i have one previous fine...

    i am still gunna fight it.

    one previous fine.. in 5 years of driving surely isnt too bad.
     
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