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A Police Question

v_s_p_e_c

By v_s_p_e_c,
in New South Wales

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v_s_p_e_c Experienced

v_s_p_e_c

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this guy was in an undercover non-highway patrol car. I just thought it was slack because he booked him for exactly 15 over therefore 6 demerit points instead of 4 (Double demerits period remember) Thanks anyway chaps, my friend is seeking legal advice

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R34NOS Experienced

R34NOS

Posted
Posted (edited)
I got done a couple years back when I went past a cop (he was traveling on the other side towards me) he did a u turn and said he estimated my speed at 15km over the limit, no radar, does that mean I could have taken it to court as he wasnt traveling in the same dorection as me and had no radar?

Yes you could have easily won the case.. remember to take the lawyer..there was a case that was being heard before me where a senior cop with 27 years of experience seen this car approaching towards him while this cop was handing fine to someone else...the car braked before he got to the cop but cop estimated his speed to be more then 30 km/hr then the speed limit..the judge clearly said that he appreciates the cop's experienc and not saying he's a liar but govt spends millions of dollars every year to provide them with speed radars that have been tested . The case was dismissed.

I had the same scenario too but i didn't have lawyer and lost so hire a lawyer and dnt speed. Sometimes cops do estimate it wrong so definitely hire a lawyer.

Edited by R34NOS
Cam1 Rookie

Cam1

Posted
Posted

Without a radar it's your word against there's. It depends on whether you admitted it to it at the time. Whatever speed you admitted to you will go for, even with a highpower lawyer. The same applies when they do you with a radar, they have to show you the reading by law.

I got done a couple years back when I went past a cop (he was traveling on the other side towards me) he did a u turn and said he estimated my speed at 15km over the limit, no radar, does that mean I could have taken it to court as he wasnt traveling in the same dorection as me and had no radar?
4teecal Collaborator

4teecal

Posted
Posted
Without a radar it's your word against there's. It depends on whether you admitted it to it at the time. Whatever speed you admitted to you will go for, even with a highpower lawyer. The same applies when they do you with a radar, they have to show you the reading by law.

There is no law to say they have to show you. Generally they show youas a courtesy.

killabeez Enthusiast

killabeez

Posted
Posted
Yes you could have easily won the case.. remember to take the lawyer..there was a case that was being heard before me where a senior cop with 27 years of experience seen this car approaching towards him while this cop was handing fine to someone else...the car braked before he got to the cop but cop estimated his speed to be more then 30 km/hr then the speed limit..the judge clearly said that he appreciates the cop's experienc and not saying he's a lawyer but govt spends millions of dollars every year to provide them with speed radars that have been tested . The case was dismissed.

I had the same scenario too but i didn't have lawyer and lost so hire a lawyer and dnt speed. Sometimes cops do estimate it wrong so definitely hire a lawyer.

bugger, those points contributed to me losing my licence :) , ah well, lesson learned, at least i dont speed anymore

R34NOS Experienced

R34NOS

Posted
Posted
A highway patrol officer has the power to issue a on the spot fine without the use of a radar gun..

trust me on this..................................

Yes i definitely trust you on that.. And i knew that he didn't have radar and also that he is recording our conversation and i didn't accept at all in our conversation that i was speeding when i was stopped..hired a lawyer second time and case was dismissed...

They always tell you that they caught you doing more then 15 km/hr and if you say no to that they ask you how fast you think you were going so that they can book you for what you agreed.. and if you were speeding then you definitely deserve a fine

R34NOS Experienced

R34NOS

Posted
Posted
Without a radar it's your word against there's. It depends on whether you admitted it to it at the time. Whatever speed you admitted to you will go for, even with a highpower lawyer. The same applies when they do you with a radar, they have to show you the reading by law.

They don't have to show you reading at all..

Sklyn Grand Master

Sklyn

Posted
Posted

I'm no expert but I was told that to get a ticket without radar they had to tail you for a specified distance to gauge an accurate speed using the speedo in their car, and it has to be issued on the spot, unless you admit guilt.

I dare say laws are slightly different regarding this from state to state

black33gtst Community Regular

black33gtst

Posted
Posted
People...............highway patrol dont need a radar to give you a ticket

they are trained to see and judge by eye....

My bro got done without a radar reading

went to court and lost cause it was a highway patrol

if he was a General duty copper (General dog) your sweet

but a highway patrol officer your f**ked in ever way

LOL Highway patrol officers get issued with calibrated eyeballs do they?

MRDeanos. Collaborator

MRDeanos.

Posted
Posted
from what i have heard they cant book you without a radar unless you admit to it because they cant back themselves up.

thats pretty much true. got a little bit happy coming off the hbr bridge late one night they caught up at macca's in cremorne and tried to get me to admit it. i couldnt whipe the smirk of my face and kept sayin i was doing 80 till i reached the lights then 60 the whole way.

SAM916 Mentor

SAM916

Posted
Posted
So i had a mate who was pulled over on new years eve by an unmarked cop with out a radar (was following behind my friend). So my friend got this fine in the mail that said he was driving 15 over the limit 6 demerit points (during the DD period) but this cop apparently didn't show any identification. So he was wondering if radar-less cars can actually hand out fines for this?

* Yes he knew he was speeding but not 15 over

it wans't nathan was it? :)

adgey Experienced

adgey

Posted
Posted

Can anyone find a reference to the rules and rights of us as motorists and the powers of police when it comes to the roads?? I can find a lot of crap but nothing that directly relates to the question and arguments being put forward here.

It would be great to have a read over to know exactly what we as drivers can do when it comes to being pulled over and given fines in these situations. Police have a habit of lying about what they can do just so you talk your way into the fine :)

4teecal Collaborator

4teecal

Posted
Posted

If stopped for a traffic offence you only have to supply your name and place of abode and produce a licence.

If you are involved in an accident, you have to supply your name, place of abode and a version of events.

You can be stopped at any time on a road or road related are for a breath test.

If you are stopped for a breath test you must submit to the test.

Likewise if you are taken to a hospital for a drug test you must supply a sample of blood and urine at the direction of a doctor or nurse.

If you are the owner of a vehicle and police place a form of demand on you for the name and address of the driver in relation to an offence you must supply that name and address unless it is unreasonable to do so.

Police can close any road. The can direct and driver to move or stop etc.

Police can direct you off a road or any area if you are obstructing traffic, intimidating people or in an area known for drug supply.

Police have the power to enter into a vehicle to inspect it for defects.

Theyhave the power to direct you to a inspection station or EPA.

You do not have to be shown a speed measurement instrument.

If you wish you can attend a station at a later date an view in car video footage.

What else is there?

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