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Speed cameras and Illegal parking

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Flylo, Dec 5, 2010.

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  1. Hi all. I was just wondering if there is a law that states 'you cannot be fined, or found guilty of an offense, if the person/s handing out the fine are acting in an illegal way'?
    I ask this because I received a fine recently for speeding, and the the car that the speed camera was mounted in was parked illegally on the naturestrip. I spoke to the local council and they informed me that the vehicle could actually receive a fine for parking on the naturestrip.
    So is it possible to fight this fine with the current laws? Any other way I can fight it?


     
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  2. speed camera vans always park illegally in Canberra on nature strip on side of road and also in median strip between divided roads
     
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  3. Was it a private company with the camera?

    Or a police vehicle?

    Is the evidence admissible if collected in an illegal manner? No.

    Was the evidence collected in an illegal manner? No.

    Why? Because the collection itself - the photographic evidence and measurement of speed - was not illegal. The placement of the car was illegal. That does not impinge upon the after-the-fact collection, production and admission of evidence as to guilt, especially for a strict liability offense.

    You got caught breaking the law. Unfortunately you have to pony up, unless you can prove on the facts otherwise. Then you will pony up to a lawyer, who pays 35-44% tax, and the Government ends up winning more for their coffers anyway, because they just collected more in tax than they would through the fine.
     
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