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quick advice needed: speeding fine issue requirements

Discussion in 'The Pub' at netrider.net.au started by brownyy, Oct 15, 2008.

  1. hey all,

    story short i'm contesting a speeding fine that was issued to myself and a mate riding with me AT the SAME time!!!

    i.e. the police officer took one radar reading off one of us and issued us both the same fine, literally, the exact same details on each fine.

    I'm writing a letter to Civic Compliance, and whilst writing this letter i need some basic background knowledge of those who might know.

    What i need to know is, what are the grounds or basis a police officer can issue a fine? I.e. does his/her view with the speed detection equipment need to be unhindered by trees, other motorists etc? Can they only issue the fine within a certain time of taking the reading? Other rules/conditions that must be in place before issuing a fine etc etc...

    if anyone has any information on this it would be great.

    cheers all for any ideas or info...
  2. If I'm correct, if you were caught by a speed camera which shows another vehicle in close proximity, then you may have a case to protest. A cop using a radar would say he effectively measured your speeds separately.
    I may be wrong however :?
  3. The supposed policy and Ops manual for mobile speed cameras.

    An old article from The Age - but as far as I am aware, this has not been addressed (i.e. loophole still exists) yet.

    This site is a little questionable, but this forum thread seems to have reasonable info of one guys experiance.
  4. At this stage if there is still time to pay the fine you are not "contesting". (If the time has elapsed it's different)
    What you need to do is ask for a review and outline your reasons for doubting the validity of the of the PIN.
    Outline your great driving / riding record.
    Did you admit you were speeding?
    How was your speed determined?
    Were you shown the reading?
    Your mate needs to do exactly the same thing.

    You will receive notice from civic compliance one way or the other and if nothing else it delays the matter.

    I have written plea letters (and in my job I have received them) and they "have to be taken seriously" and not just dismissed as someone having a whinge.

    It sounds like you would have a good chance if it went to court as the cop would have some explaining to do.

    Good luck.
  5. A police officer can issue a fine based on their 'estimate' because apparently their opinion is 'professional' on vehicle speeds.

    If he got one of you, all he has to do is say the reading was correct for the first rider, and the 2nd one was travelling at the same speed; neither losing nor gaining on the 1st rider - therefore (in their professional opinion) both bikes were travelling at that speed.

    The judge will agree.

    You can fight it; you can go through all the rigmoral of getting the calibration certificate and quizzing the copper to make sure he used his radar properly, etc.

    Anything you stump the police on, the judge will call a recess, or even adjourn to another day! to give the pigs more time to iron out the big creases in their case, until they can bend you over the bar and f*** you for the original offence plus legal fees.

    The system is designed to NOT deliver justice except at massive cost to anyone who can't afford it.

    Pay it. Lie on your tax return to make it back. And do everything in your power to absolutely AVOID any interaction with the police about anything, at all, in the future.

    That's my advice, anyway.
  6. thanks all for the links and information, i'm sifting through them now...

    here's the kicker... this fine was issued 4 hours before i was due to finish the 'one point challenge'... I.e. it was the last day 8pm. Therefore they want my license for 6 months rather then the original 3 months they offered when i ran out of demerit points...

    i've already paid the fine because at the time i thought the 'one point challenge' ended the day before, apparently not.

    my other option if civic complience doesn't withdraw the fine is to ask vicroads in an appeal to let me have my license... after all i did manage to not get a fine over a leap year!! 1 extra day!! and this was on the last day!!

    lets hope...

    thanks all for your information
  7. If you have paid the fine its game over, give it up. By paying the fine, you have, in their eyes, admitted guilt, and there is NO chance of getting off it. Absolutely none.
  8. Ktulu is on the mark! You could spend a fair amount of money and go see a solicitor then get a specialist barrister but your chances are pretty small! Apart from the radar reading itself. anything you said at the time as well as the officer's estimate and observations are all part of the evidence. I am not sure what happens once you have paid the fine in any case? I was under the understanding that is pretty much the end of it?
  9. :(

    to writing a letter to vicroads it is... lets see how i go with them.

    cheers all...
  10. Goodluck, sounds pretty suss, but the way the coppers trick people into admitting guilt is very tricky "Any reason why you were speeding?" If you say no, thats admitting you were speeding.

    Pretty tough with the points.
  11. In these situations, I think it best if only one person pulls up and the other (or others) keep riding. Its also best if you do not know who the other riders are - just someone who started following you and then overtook you, probably when you went thru the radar!

    Good luck dude! Hope you get some leaniancy on the 4 hours! Are you sure you factored in day light savings?
  12. early July!! can't stretch it too far...!

    yeah when i saw the cop pull up behind us at the lights (we both lane split to the front) i noted it. When me and my mate take off generally we egg each other on drag...

    light go green, i putt-putt off... my mate absolutely flies off down the road... he (my mate) was following me to my destination... so, there's me, pretending to ignore him, going slow, and he (my mate) slows down (also lack of speedo cable), turns around, looks at me and shrugs one arm up as if to say "why are you going so slow?"...

    by this time the copper realises we are together... i should of just pulled a hard left and left the copper and my mate to work it out!!!
  13. ah yes, i got the same thing while driving.

    A cop was at a service station getting fuel! he apparently witnessed me and my friend 'race' past hi. He didnt not had a radar out, we didnt see him.

    At the next lights waiting to turn right the passenger in my friends car notices the marked XR6T and tells me, tells the driver.

    We turn, the road was 3 lanes , i went for the slow lane my mate went for the fast lane, the cop went after him and put the lights on pulled him over! i kept driving and the cop and my mate pulled over.

    The cop left my mate side of road, screamed after me and pulled me over! okay..

    My mate drove off, the cop yells out to him to pull over :LOL:

    in the end, i denied speeding, my mate volunteered a speed of 20 over, the cop gave us both fines of 15 and under!
  14. Write a letter asking for it to be reviewed, and explaining the circumstances.
    You could fight this, but if you lose (at court) it will be a higher penalty.