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VIC Worth fighting speeding fine?

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Biggles, Aug 19, 2013.

  1. I got done speeding last weekend, HWP car oncoming, I was travelling about 120kw but cops insisted they measured me doing 130km.
    I asked to see the reading but the officer told me sorry the reading had been accidently cleared to which i said that's not legal, he said it didn't matter.
    My question, is this worth challenging in court?


  2. What was the limit and whats the damage to your license?
  3. It was in a 100km area, I'll be without my license for a month and lose 4 points.
  4. Then fight the prick.
  5. Are you willing to plead guilty to 120?
  6. Thats pretty rubbish! How can they prove it then? I would almost say it it worth fighting but when it comes down to their word V yours, you're not likely to come out on top, as wrong as that is. I think as Lilley said, if you bargain and say that you're not willing to wear the fine for 130 seeing as they couldn't prove it however you acknowledge you were speeding and that you believe you were doing 120 so you're willing to cop the fine (no pun intended!) on the chin for that at least. I think thats most likely the best you're possibly going to end up with.

    I got done in my car a few years ago. They followed me through traffic and alleged I was doing 90 in a 60 zone. I maintain I wasn't doing anything more than 80 cause I was in 4th gear and I always change to 5th any speed more than 80. This is after asking me to pull over when I happened to be stopped at the lights and they happened to come up beside me in the rh turning lane which to me is dodgy at best and opportunistic at worst. They couldn't even offer me a look at anything concrete cause they did it by following me. Still don't know how they could get that accurate anyway seeing as it was pretty busy traffic and they would have had to get every gap I did to accurately ascertain my speed for the prescribed set amount of distance that needs to be covered in that method. I wrote to the fines department head guy who took their word (there was two of them) against mine despite the circumstances etc and I ended up opting not to go to court cause with two cops word against mine, I doubted I would win and didn't want to end up with court costs on top of what was already a $300ish fine.

    Think I should have got more advice really from someone with knowledge in the area so maybe you should ask one of those people thats really good getting people off fines. I was going to try to get out of it by claiming they didn't follow me for long enough distance as required but when I clocked it in my car it was :( So that wasn't going to get my out of it either.

  7. Why will you be without the license? If you have 9 demerit points or more then yes. But according to the VicRoads you'll just carry 4 demerit points:

    Then note the star (*) and at the bottom of the page:

    Which means, if I'm reading it correctly, that only exceeding the speed limit by 35-45 km/h may suspend the license.

    Where does it say that speeding by 30 km/h results in a license suspension?
  8. #8 twistngo, Aug 19, 2013
    Last edited: Aug 19, 2013
    ask over here


    ps it is a one month loss of licence plus points

    cost you a few grand to fight it with a lawyer and a few hundred to talk to a lawyer. you need to cast doubt on his assessment of your speed.
  9. It doesn't say it there, but a friend of mine was recorded at 28kmh over, reduced to 25, and he copped 1 month automatic suspension, 6 point and the fine.

  10. How come? According to what?
  11. It also has that star on exceeding speed limit by less than 10. Think they forgot it on the 25-30.
  12. Thanks for all the replies, my main gripe was them not being able to show me the radar reading but as I've found out it doesn't seem to matter according to this web page : http://www.trafficlaw.com.au/speeding.fines.html

    Q. If I am pulled over are the police obliged to show me the speed reading on a radar/laser or other detection device?
    No, but it is customary for the police to offer to show the driver the reading. It is probably better if the driver takes a look at it, and the driver should ask to take a look at it if it is not offered. There is no legal consequence if the police fail to show the driver the reading, but if they refuse in the face of a request it always makes them look like poor sports, so that helps. Sometimes the police issue fines for speeding when they have not used any radar or laser device. They can simply watch you drive past and estimate how fast you are going.

  13. Yeah, you're right.
    But that would sounds ridiculous. Losing license for going 5 km/h over the limit. Never heard of that.

    I'm just really keen to see when and based on what rules the suspension kicks in.
    Otherwise it sounds like it comes out of the blue, based on position of the stars and the mood of someone giving the fine (which I'm sure can't be the case).
  14. Think the * was just supposed to go on all speeding offenses. I don't know Vic rules but in NSW it's over 30 and you're walking for 3 months.

  15. This pretty much says it all. There is no legal obligation to show you the reading and for a number of reasons it can be refused. If you challenge it at court all the Police officer will have to say is that he saw you speeding, estimated your speed and the 2 speeds(his and yours) came up on the display unit and it was locked on. I'm guessing nothing will be said of it being accidental wiped. (Which is pretty hard to do and most of the HWY patrol guys I know wouldn't give you a ticket if it was)
  16. Pay it and get on with life
    • Agree Agree x 1
  17. I lost my license for a month over 27kph in a 100kph zone. This was around 4 years ago. These days I'd probably have the bike impounded for that!

    If only I'd seen the sneaky fkr cowering off the side of the road as I cruised by at 12:30 am on a clear, dry night...
  18. #18 trojanhorse, Aug 19, 2013
    Last edited by a moderator: Aug 19, 2013
    Hmm by the sounds of that TrafficLaw site, Im glad I didn't challenge it then and sounds like you'd be best not too also if thats the case. So in other words, they can make up whatever they like! Which is pretty crap :/

    But I guess at the end of the day, I knew I was speeding in my situation, you knew you were speeding in yours so the rest is just symantics really after you've been caught. You're going to have to pay either way with points and $$$ so you kinda just have to take it on the chin that you didn't obey the speed limit and got caught doing so, so you made the choice and now have to wear the consequences. I know it bites getting done for more than you think you should be, esp if it means there is a suspension in the difference but what can you do?

    It's funny how some cops don't care but. I was leading the cruise for our car club yesterday and we were out in the hills and at one section of road I was cruising along at 100 at McLaren Flat (hadn't seen any speed signs and its a country fairly main road) and I see this cop car coming towards me. Im like oh crap, hope Im not speeding cause I don't actually know what the limit there is and then literally I see a sign in front of me saying "80". Awesome. Im like "oh well, too late now" cause would have looked worse to suddenly brake so I just kept going. He drove past all of us without a 2nd glance! Sometimes you're just lucky or they're just busy I guess (or they can't be bothered with the paperwork?)
  19. Did you admit to doing 120? Or did you just deny speeding altogether? I'm guessing he just estimated your speed and was hoping for an admission of a lower speed.
  20. #20 titus, Aug 19, 2013
    Last edited: Aug 19, 2013
    Penalties are here:
    http://www.camerassavelives.vic.gov.au/home/cameras/fines and penalties/fines/

    25 km/h–29 km/h: - $397, 4 points PLUS 1 month automatic licence suspension.​

    This is just me, but if I were in that position I would write a letter to the infringement office admitting to 120kmh but indicating that I might challenge the evidence that the speed was 130. It makes it very easy for the prosecutor to accept your admission without having to explain to the judge why the reading was 'accidentally cleared' when you asked to see it, Something that pretty effectively casts doubt on the police.
    But it's a gamble and you might prefer to get an expert opinion rather than listen to me.
    • Informative Informative x 1