Another stupid police question

[Ait]

Hi guys, need some advice. Actually..this question is for a mate of mine. He got pulled over by two cops a few nights ago in his car. The cops asked him "Do you know how fast u were doing?" *classic question*

He wasn't sure and didn't know what to say. So they gave him a ticket and said something like Oh you were doing 80. And he was quite baffled. Throughout this whole time, they didn't show any proof of a radar gun trap speed, nor was there a radar gun in sight. Now...what they next said was something to the effect that 'we're going to be nice and write it as going at 70' and promptly issued him a fine. I think the road speed was 60 if I'm not mistaken. But I'm guessing they must've tailed him for some distance before pulling him over. And if there was no radar gun shown, that means there's no proof! What's irritating is that they gave this "we're so nice we'll just fine you for a lower speed" thing. Of course..being gracious for their 'mercy' is one thing..but there's still no trap speed, hence no proof. Is there a possibility of disputing this in court? Or via a letter to the civic centre? Advice?

Thanks!

[KamikazeR33]

he must ask for it at the time - then if they say no u may have a case, but certain ranked cops can use their "educated knowledge" to judge the speed

otherwise he has no leg to stand on

[ApacheX]

is that legal though? if they use their "educated knowledge", are they still able to give u a ticket?

[predator]

probably a good idea not saying anything at the time, as that is used as evidence against you later.

I'd say it could be disputed in court with a reasonable lawyer. Anyhow, 10km/hr or over (e..g right on 70) is still 3points and $200 or something, so doesn't matter whether they wrote down he was "only" 10km/hr over. Unless he only had 1 point left or something, than no point fighting it.

[meggala]

police have a device in their car to clock speeds.

you can fight it but I would only advise it if they are you last points and you really need your licence you need a solicitor and it will be expensive

cheers

meggala

[Ait]

Yeah I think..probably 1 demerit point is not worth the legal fees. He's just not happy about the way they pulled him over without any proof and with that 'condescending' attitude that most of them have. Could be worse. Thanks for the advice guys!

[R31Nismoid]

legal fees?

fight it yourself.

i just went through it all and got a 6 month suspension down to one month.

It's worth fighting. doesnt cost you anything

the police man followed me and estimated my speed.

And in the courts eyes thats open to debate.

It was alleged i was doing 100 in a 60 zone.

I said nothing on the night at all... and when it got to court i said i was doing 92 in the 60 zone.

I had spoken to the Police prosecutor in weeks prior and discussed it with him and he said that seeing as though the informant (the officer in question that has charged you) had no speed camera and was only going on what he 'thought' i was doing by looking at his speedo, which has an element of error.

So he sayus 100 - i say 92, the coppers have no proof that i was doing 100, and hence no proof to say i wasnt doing what i said of 92.

So the fine/charge was all lessened a great extent.

Also seeing as though your only down for 70 in a 60, if you were in traffic you could quite easily argue the point.

Especially if you have a witness.

1) You can say that speedo was on 60 and a car next to you went past and maybe the officer was confused.

2) you can say that there was no way it was 70, but it was more like 64 or something. that allows for a margin of error on the coppers behalf, but at the same time they still get you.

i'd go option 2 (only if the fine/demerits are less)

hope that helps ya's decide.