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QLD Result of my speed being guessed case!

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Matt GO!!!!!!!, Sep 9, 2011.

  1. Hello fellow netriders,

    You may remember a while back, I created a thread about being booked for speeding, HOWEVER it was done without a radar gun etc... It was a GUESS!.

    Well I finally got around to going to the Police Station were these Policeman call base.
    I went to the reception lady and explained. " A few months back, I was in trouble for speeding with some local traffic police, however they didn't use radar guns, So I ticked the box at the back, and have not heard anything since.. Would you be able to look up on my licence if I have any outstanding fines or infringements please?".
    She looked suprised at the fact they were not using guns, she said almost bordering on sarcasm. " Yeah that would be our boys, I will check your licence for you".
    She plugged it into the computer.

    " It says here on the computer the fine has been waived ! ". She exclaimed. She smiled and handed me back my licence. We chatted briefly about how I ticked the back of the box on my fine and I said "I was expecting a court hearing or something.. but I had not heard boo from anyone.".

    After some more pleasentries... I left with a good feeling. I had fought. And won.
  2. Good work mate, sounds alot like what I have heard in the past where by police will fine people for things they shouldn't because they know the majority of the public would not question and pay up.
  3. This is what happens people if you have some balls stand up and contest this shit!!!!

    Pretty sure I wrote something to that effect in the other thread.

    Good work Matt, hoon on mate!! :D

    -posting on phone; spelling likely fukd
  4. I've lost more of them than I've won, but I've had a couple of wins, and not only do they preserve your license a little longer, save you some money, and help nourish your faith in the system, but the satisfaction of beating them is hard to top. You really do want to throw your fist in the air in triumph.
  5. Problem is, you're probably the 1 in 20 that contested that type of fine by these 'authorities'. Most people just winge & then pay up not knowing their rights!

    Well done.
  6. I hope it has all gone away, but it may be you've just been put on hold until the court case. They can't fine you unless you plead guilty or the court determines you are guilty, once you tick the box. Neither has happened yet.
  7. I hope that's the case & if so, good work!

    IIRC though, they withdraw the fine & take you to court, so the battle may not have begun yet...

    Either way, good luck, stick it to them!
  8. so if you tick the 'take it to count' box and they decide they wont win and drop the charges, do they have to inform you? is there a time limit?

    " It says here on the computer the fine has been waived ! "
    presumably it would say 'court case pending' if it was still in the process??
  9. I am fairly sure the OIC of traffic for the area can withdraw the infringement notice as can prosecutions but waive the fine, that I don't know about.
  10. You get the points back in QLD?

    In NSW even if it gets overturned by a court you still lose the demerit points, all you get is the money back...which generally is less of an issue then the points for most.
  11. it was a few months ago - the bureaucrats like their fine revenue so it should have been listed for court by now if it was going to go there

    ( notice I do not say Police - they are just doing what their bureaucratic masters tell them to do - I do not blame Police )
  12. so a court decides that i was not speeding but points taken for that offence are not removed?! surely not!! glad thats never happened to me as would drive me insane !
  13. This is interesting, I ticked that box back in May and haven't heard anything yet. Maybe I should find out whats going on. I know in Perth it can take more than 6 months for them to contact you so I hadn't bothered yet.
  14. Sounds like they simply decided not to pursue it in court, given the chance of losing vs a possible small gain.

    With the time used and costs they could be up for, the numbers probably show that it's better just to get out and issue another dozen infringements.

    If you haven't paid and it hasn't even made it to court, I'd be surprised if any demerit points could have been awarded, but I wouldn't completely rule it out either, so I'd check a bit down the track just to be sure.
  15. im 90% sure this is the case, the RTA is on a separate system to the police. A court can overturn a police issued suspension, e.g. a roadside 45kph++ offence. but if you just get pinged and are facing a lost license, then you will only get your money back.

    Correct me if im wrong but this is what i have heard from reliable sources.

    Hopefully if this is the case, it is rectified when the RTA gets axed and is replaced with the new ministry that bazza is organizing.
  16. Your source is not reliable.

    If the court rules that a person is not guilty of a demerit point offence, it is the end of the matter. There are no fines to
    pay or demerit points to be recorded.

    If a court finds a person guilty of the offence and convicts the person, the court usually orders a fine. In this case the
    offence will be recorded on the offender’s traffic record and the RTA must apply the relevant number of demerit points.

    If a court finds a person guilty of the offence and dismisses the offence under Section 10(1) of the Crimes (Sentencing
    Procedure) Act 1999, the demerit points related to the offence will not be recorded.

    This applies for court rulings made on and after 31 January 2011.


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