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VIC Speeding Fine on Easter - Kinglake Vic

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by restive99, Apr 7, 2012.

  1. Ok fella, i got done by cops on Easter Friday on my way back from Kinglake to Hurtsbridge. I was leading the group ride (I volunteered for it) so took one for the team, allegedly i was doing 82 in a 60 zone that I find extremly hard to believe. My friend who was riding few meters behind me said he was doing 64 and I didn't admitted to overspeeding when the copper asked me for it. I knew about the Easter Blitz and had no itentions of speeding, I was coming down hill and had my eyes on the road comig round the bend not fixated on my speedo.



    I have a witness (my friend) and a photo that my friend took while i was being booked that shows the downhill corner in the background.

    I plan to dipute/challenge it, do I have a chance? even if i get reduced penalty I would be OK, 3 demrit points and $249 was a very disappointing end to an otherwise great day.
     
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  2. Was it camera or handheld? Laser or Radar? Multiple target in the view of a radar could generate a defense of reasonable doubt. Contest it. If you have a good record there is a reasonable chance they will drop it.
     
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  3. Sorry mate but if it was a hand held LIDAR you probably have two chances of getting up.

    SFA and none. And then the court will make you pay court costs. I don't think magistrates "reduce" infringement penalties. I think it's either proven and must be paid or dismissed. Although I'm happy to be proven otherwise if someone else has a better experience.

    Also just out of curiosity, what makes you think that going down a hill makes a difference? Do speed limits not apply on hills?
     
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  4. If it was a handheld, did the cop ask you whether you wanted to view the alleged speed on the radar/laser?
    I think that the law states that they are required to ask you if you want to view it.
    Every time I have been busted speeding (in a car), they always have asked me.
     
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  5. I always thought they were not permitted to use mobile devices on down hill sections, only fixed cameras.

    As to your friend doing 64 kmh just behind you, we all know that a bike can speed up 10 - 20 kmh quickly, if not watching closely. So you may have done more than you thought.

    Would be interested though as well, what their evidence for the detected speed was.
     
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  6. Incorrect. There is no legal requirement to show the detected speed. It is normally done however as most drivers want to see it and it helps reduce the number of potential disputes (can't say I didn't see the speed, the cop made it up).
     
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  7. The only evidence required is the word of the officer that they detected the vehicle/driver at said speed on their laser at location/date/time.
     
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  8. For radar possibly, but not for laser. Do any jurisdictions actually use hand held radar? AFAIK hand helds are these days are always laser. If they're using radar it will be the in-car one.
     
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  9. I don't think it was a hand held device. The cop did offer me to see the limit and I agreed to it. The speed limit was on a little device fixed on the dash of the Nissan Patrol near the driver side window.

    From my online research it suggests that the police cannot setup speed on the downhill section of the road unless it is a blackspot.

    My past speed infringement was doing 64 in a 60 zone and I got 1 demerit pt for it.
     
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  10. This sort of thing is why I ride with a GPS.
     
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  11. I believe that is correct, or at least was. But you will need to find the exact law(s) and show exactly where the event occurred to dispute it, which may be hard. You will need a lawyer.

    You might show us exactly where they were as well, because most of the road it would be hard for them to get a reading on you, and harder to pull you over.

    I'm afraid you should have just noted the warnings and avoided the Kinglake road over Easter.

    The 60Km/h limit on the Kinglake road shows just how stupid and car centric our laws are. Sure, most car drivers can't handle the road at even 40Km/h, except in short bursts. But on a bike it is easily an 80Km/h road, and sections handle 120Km/h. Oh I wish it was still 100Km/h and I could watch the road when on it, instead of the speedo.
     
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  12. so much misinformation, the guy got done in victoria, what happens in other states is irrelevant so keep your other state shit to other states.
    As for the OP bend over and take it you have buckleys and none chance of getting off unless you are a very high profile cashed up celebrity with an army of good lawyers. Is it worth all the pain of spending huge amounts of money in a case that will turn out against you? Yes it's unfair but this is the system we live with.
     
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  13. Not downhill on the Kinglake road. You can easily go from 40Km/h around a corner to 90Km/h in a short straight as you line up for the next corner, without using throttle if you let go of the brakes. It is a very tight and windy road, with sharp corners and some very steep sections.

    Even up hill when using the throttle to stand the bike up so you can lay it over for the next (opposite) corner, your speed can jump from 40 to 80 easily. Just rolling off the throttle into a 40Km/h corner uphill will drop your speed back to 40 for safe cornering no problem.

    When you didn't have to worry about watching the speedo it was a very fun and quite safe run. Now at the limit it is just boring and annoying.
     
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  14. I remember there were rules (or guidelines?) for mobile speed camera placements. They are not allowed to be placed at the bottom of a hill or after a bend...only 200m after the hill or bend, assuming the road is straight and flat there after. So if the camera placement that caught you out was sitting approximately 200m from the bottom of the hill, unfortunately you won't get away with it.
     
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  15. it was not a camera!!!!!!!! Cops don't use the speed cameras they are used by private operators working for vicpol and the government "revenue service."
     
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  16. No, no don't ruin the story with facts, It's getting better and better. In a few pages in will be detection by a fixed wing plane using way points on the road ha hah ha ha ha, =D>
     
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  17. left or right glove? and did you nod to the patrol or not?
     
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  18. One would say police would use common sense on downhill sections when it comes to issuing fines and 82 in a 60 zone is likely well beyond a common sense limit as it's something like 30% over the limit.
     
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  19. Then one would be wrong.

    One of the four speeding fines I ever received was at the bottom of the hill on Blackburn (Surry) road, in the valley at the creek, where a cop had tapes across the road, at 2am, on a night where I had driven from Coburg to Blackburn road at 20 to 30 Km/h because there was a pea soup fog everwhere . . . except at the bottom of the hill.

    Being extremely tired I relaxed when I came to the fog free section, and rolling down the hill got up to 72 Km/h in the 60 zone. I was too tired even to answer the cops question. "Is there any reason you were speeding sir?"

    The cop was there to get quota, because he couldn't even see any vehicles anywhere else.

    While my example is from a long time ago, there are still occassions when cops do this sort of stuff, particularly when there is a high profile blitz on in an area and they aren't catching anyone doing anything wrong. The Kinglake road was specifically targeted over the Easter break, and it was announced. They had to catch someone, regardless of how they did it.
     
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  20. There are some guidelines (apparently), but there is no requirement for them to be made available to the public, and there is no mention of them whatsoever in the legislation.
    OP, I don't think you've got a chance (sorry to say). Can I ask exactly where on that road you were done?
     
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