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Radar: Booked 2 drivers at once

Discussion in 'The Pub' started by Ampto, Apr 21, 2014.

  1. Hope everyone had a great and safe Easter.

    Been looking around the net and haven't found much to help me out. Was booked over the weekend driving on a country road (VIC) travelling with one other car. I travel this road a lot and know to keep a look out for wildlife with areas of dense trees around and so wasn't paying a great deal of attention to my dash.

    Coming around a slight corner a marked ford territory passed us and proceeded to do a u turn, I knew it was to late and started to slow down, lights came on and signalled to both of us to pull over.

    The officer did the usual small talk then informed me she detected a vehicle speeding and as we were both travelling in close proximity of each other assumed that we both must have been speeding and booked us both. She stated that the device she used couldn't differentiate which car was speeding (long distance radar I gather?)

    Is this a legitimate booking, or as the police officer couldn't determine which or if both cars were speeding, is this contestable???

    I'm not going to play Harry sob story, I've always believed paying attention to the road and conditions is more important the glaring at my dash, and if its a legitimate booking ill take it on the chin.

  2. It would be helpful to mention which state in the heading (done it for you)
  3. I'm not familiar enough with Victorian law, but it seems like the cop took the opportunity to get two with the one swat....
  4. "Driving on a country road (Vic)..."
  5. Sorry smee, been a while since I've been on here, forgot there is a state option for the thread. It is mentioned in the post. Cheers
  6. this is from the Vicpol website and although it relates to fixed and mobile speed cameras you would think the onus still applies to radar

    What if there are two vehicles in the image (fixed and mobile speed cameras)?
    Road safety cameras are able to identify which vehicle was the offending vehicle. The images are reviewed before an infringement notice is issued.
  7. Any fine is contestable. Refer to your TIN to confirm the same.

    If both vehicles were travelling in close proximity as you have stated, how would you successfully argue that one vehicle was not speeding but the other was. One would assume the two vehicles were either both speeding or they were not.

    Link: Smith v Hutchinson [2010] QDC

  8. As Justus said, no issues with what was done.
  9. What sort of speed are we talking about? 10km/h over or 30km/h?

    if it was 10km/h over and I was the car behind I would be contesting it... as for i can't check my speed because i have to watch the road, thats a crock of shit.
  10. #11 Ampto, Apr 22, 2014
    Last edited by a moderator: Apr 22, 2014
    Thanks guys, if its legitimate then its legitimate. Just thought it was odd that if the reading can't be comfirmed then they could still fine you, or multi vehicles.

    Maybe, I used to be able to gauge me speed quite accurately from road noise, but these new cars are so damn quite. I have a routine of looking at road for x amount of seconds and the quickly checking my mirrors and dash. But in my many years of driving this particular stretch of road, this is the first time I ever saw a patrol car in years so I'm pretty relaxed with my speed there, infact she was just heading home to knock off, guess my number was up.
  11. For the sake of argument, I would have thought the car in front would have the better chance, by arguing that the car at rear was closing fast.
    Would be moot if the police were able to observe the two travelling together at same speed for a reasonable distance though.

    So cameras can (allegedly) differentiate between captured vehicles but hand held radar/lidar can't....? Wonder why that is?
  12. If u were coming around a corner then the cop must surely have only got the reading for a short time. I can't see how this would hold up in court. Although if the dirty cop lies his ass off in court like most of the pricks do u are probably sunk
  13. Area is quite bushy with shrubs and trees, it was only a slight corner, I gather she detected us through the shrubbery as she was driving towards us.
  14. I would check the conduct guidlines in VIC for the police. It may be impropper conduct to book both vehicles when the officer admitted that they could not tell which was speeding. If there is doubt about whether or not police used proper procedure, then I would be inclined to test the legitimacy of the infringement notice and fine. In NSW a number of fines and infringments were overturend because Police had not used proper procedure.
  15. Go back take your own photos from the police view see if its feasible to get any decent view for any amount of time
  16. I think the OP's point is that there was nothing specifically wrong with this infringement (he admits guilt) but is questioning what might happen in other less clear-cut circumstances (am I right?).
  17. Dispute it. The use of speed enforcement devices has strict guidelines. if it's not used properly, the reading is not enforceable. Cops can't assume your speed.

    Next they'll just assume you're guilty and you have to prove your innocence.
  18. Indeed, I was just curious if what went down was actually a legitimate way of getting booked or if it was a bit suspect.

    I would only bother contesting the infringement if it was against the guidelines, but I gather in the courts eye either we both were speeding or there was something terrible wrong with the equipment used.

  19. I think they're trying this in QLD