Jump to content
SAU Community

Recommended Posts

hey guys, to cut a long story short i was pulled over last night and accused of doing 107 in a 70 zone which i know i wasn't doing. The police had a hand held radar and were hiding on the opposite side of a large 4lane road. There was another car that sped past mine in the exact spot he has accused me of speeding in. When i was pulled over i had asked to see the radar reading which i know he isn't legally obliged to show me but he said he couldn't because as he was getting into the police car he "accidently bumped" the radar gun and it cleared the reading. How is it that he can book me for speeding without any proof? He says he had the alleged incident on video, does this show speed if it's on video? I will be going down to the police station to see the video anyway. Also should probably tell you that he was hidden over the crest of a hill with no lights on. Is there anything i can do or is he legally allowed to book you with no proof? Thanks guys.

Link to comment
https://www.sau.com.au/forums/topic/290142-advice-needed/
Share on other sites

Did you get a written fine on the spot? or did he tell you he is going to send you one?

The only ways you can get out of it, if you honestly weren't speeding are one of these.

1 - Write to the address on the fine and explain your story. This is probably unlikely to get you off but doesnt cost anymore than a postage stamp.

2 - Opt to take it to court on the back of the fine. I'd suggest getting some legal representation for this, as in court the magistrate and DPP can be very pushy and daunting. You then have to prove that you were not speeding.....i.e. show with proof (or by showing doubt in the fact) that the cop had made a mistake

Importantly, write down your version of the story ASAP so you don't forget any details if/when it finally goes to court.

Link to comment
https://www.sau.com.au/forums/topic/290142-advice-needed/#findComment-4855564
Share on other sites

thanks for the advice. I wrote down my version of events as soon as i got home so all the details were spot on. I will be making an appointment to view the "footage" at the police station, if it is shown that there is no hard proof of the incident can they revoke the penalty? I've never been done before and fined on the spot so i'm just confused.

Link to comment
https://www.sau.com.au/forums/topic/290142-advice-needed/#findComment-4855676
Share on other sites

Also, if you've got a good driving record, you *MAY* be able to either get out of it with no recorded fine/conviction.

Please note, I did say *MAY*...

But, yeah, get some legal advice to clear it up.

Link to comment
https://www.sau.com.au/forums/topic/290142-advice-needed/#findComment-4856759
Share on other sites

**UPDATE**

I went to the police station tonight to view their evidence of my breaking the law.

All that the video footage shows is a group of cars driving past the police vehicle on the other side of the road.

There is no proof of speed, nor speeding or breaking any laws.

The cars featured in the footage are all travelling in a group (I do not know these other cars).

So basically, there is no proof of speeding and why the officer singled out my vehicle I'm not sure.

Probably as it's the only one with P plates on it (It's n/a & legal)

WHat do I do now :)

Link to comment
https://www.sau.com.au/forums/topic/290142-advice-needed/#findComment-4857125
Share on other sites

I think all you can do is really just ask the question, how do they determine which car was travelling at what speed? Like in a completely non-smartass way, ask the question and let them know you're unsure how it works.

If there's a laser-lock or something, you're screwed, but if all they have is a bunch of cars driving along and they've gone BAM it's you, then that's just not right.

Is there a speed on the video at all? If the gun they have has lost the reading because of being "bumped", they don't have a shred of evidence to say how fast you were going. As long as you're sticking with the crowd and not accelerating past them, you should be sweet.

Link to comment
https://www.sau.com.au/forums/topic/290142-advice-needed/#findComment-4857155
Share on other sites

There is no evidence of speed what so ever because the radar didnt lock in the "supposed" speed I was doing because he bumped it.

The video shows a group of cars drive past, all travelling at what appears to be similar speed... nobody is accelerating past anybody else.

Link to comment
https://www.sau.com.au/forums/topic/290142-advice-needed/#findComment-4857161
Share on other sites

Yeah, unfortunately he said it's based on what the cop "saw". So his word vs yours, basically.

The only way you're gonna get anywhere with this is in court. If he hasn't locked in the speed....

Only problem is court fees can sometimes cost more than the fine, which is bullshit. They waste your time, then you have to pay to make your name good.

Link to comment
https://www.sau.com.au/forums/topic/290142-advice-needed/#findComment-4857171
Share on other sites

**UPDATE**

I went to the police station tonight to view their evidence of my breaking the law.

All that the video footage shows is a group of cars driving past the police vehicle on the other side of the road.

There is no proof of speed, nor speeding or breaking any laws.

The cars featured in the footage are all travelling in a group (I do not know these other cars).

So basically, there is no proof of speeding and why the officer singled out my vehicle I'm not sure.

Probably as it's the only one with P plates on it (It's n/a & legal)

WHat do I do now :)

I'd take it to court if time permits.

If you represent yourself, and it goes against you on a copper's word, the court cost isn't that great.

I'd try and get the question subitted as to what speed the HP officer thinks you were doing & where's the proof?

If you take a legal rep (solicitor) and lose, the solicitor's fee costs more than court costs.

You MAY still get off due to a good record in which case the fine MAY be waived BUT you may still incur points.

If you take a legal rep along & win, you lose no points, there's no fine; but there's the solicitor's fee.

Link to comment
https://www.sau.com.au/forums/topic/290142-advice-needed/#findComment-4857324
Share on other sites

So by the cops reasoning, the entire group of cars must have been doing 107, if the whole group are clearly shown in the video going at the same speed.

That just seems strange to me... not very often that a bunch of cars who do not know each other all decide to do 37km/h over the limit :)

Seems a lot more likely that you'd all be doing very close to the actual limit..

Maybe you could mention that in your defense if you fight it?? How fast so you think you were going? Like 80 or something? Maybe he was trying to get you to admit to speeding by accusing you of a higher figure?

Link to comment
https://www.sau.com.au/forums/topic/290142-advice-needed/#findComment-4857378
Share on other sites

i spoke to my lawyer today who i will be speaking to properly at his office. He seems to think they have little chance of winning if i contest it in court. The court fees and solicitors fees don't really bother me, it's more so to prove a point that he should NOT be able to do this.

Link to comment
https://www.sau.com.au/forums/topic/290142-advice-needed/#findComment-4858572
Share on other sites

Just curious - are you on your Red or Green p's?

From what you have said, it looks like you have a good chance winning in court due to the lack of "proof" and the fact that all these things are taken into account

1) "Bumped radar" so no speed (I know that this does genuinely happen though.. and is quite common).

2) Footage - group of cars.. no direct speed/proof you were doing x speed.

AFAIK a HWP officer is trained to "determine speed". And this is permissable in court. So if you drive past a HWP cop who has no radar/lidar evidence etc they have been 'trained' in determining speed.

I guess this factor, and at the end of the day its your word vs the cops are the only downfall... IF you do fight this, definitely use a Solicitor.

I regret never fighting my 1st speeding offence.. still makes me angry to this day lol.

Link to comment
https://www.sau.com.au/forums/topic/290142-advice-needed/#findComment-4859272
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Similar Content

  • Latest Posts

    • Ok i will get those 310mm. I found one but on a different site. This is the description on those...is it ok? Technical parameters: - Axle: front. - Disc type: ventilated. - Number of holes: 5. - Disc diameter: 310mm. - Total height with center: 54mm. - Thickness (new/min.): 30/28mm. - Designed for brake calipers manufacturer: Sumitomo.
    • You Gregged a whole racetrack!?
    • Look for broken wire or bad connector at the motor. Might not be it, but is worth starting there, as it is easy.
    • Hi everyone, I’m having an issue with my R32 GT-R. Sometimes, when the car goes over a bump or experiences some vibration, the 4WD warning light comes on the dashboard. When I check the code from the control unit in the trunk, it shows Code 19 – ETS Motor. However, everything seems to be working fine — if I turn off the engine and restart the car, the light goes away and everything functions normally. Has anyone experienced this before? Where should I start troubleshooting this issue? Thanks in advance!
    • I'm back from the dyno - again! I went looking for someone who knew LS's and had a roller dyno, to see how it shaped up compared to everything else and confirm the powerband really is peaking where Mr Mamo says it should. TLDR: The dyno result I got this time definitely had the shape of how it feels on the road and finally 'makes sense'. Also we had a bit more time to play with timing on the dyno, it turns out the common practice in LS is to lower the timing around peak torque and restore it to max after. So given a car was on the dyno and mostly dialled in already, it was time for tweaking. Luis at APS is definitely knowledgable when it came to this and had overlays ready to go and was happy to share. If you map out your cylinder airmass you start seeing graphs that look a LOT like the engine's torque curve. The good thing also is if you map out your timing curve when you're avoiding knock... this curve very much looks like the inverse of the airmass curve. The result? Well it's another 10.7kw/14hp kw from where I drove it in at. Pretty much everywhere, too. As to how much this car actually makes in Hub Dyno numbers, American Dyno numbers, or Mainline dyno numbers, I say I don't know and it's gone up ~25kw since I started tinkering lol. It IS interesting how the shorter ratio gears I have aren't scaled right on this dyno - 6840RPM is 199KMH, not 175KMH. I have also seen other printouts here with cars with less mods at much higher "kmh" for their RPM due Commodores having 3.45's or longer (!) rear diff ratios maxing out 4th gear which is the 1:1 gear on the T56. Does this matter? No, not really. The real answer is go to the strip and see what it traps, but: I guess I should have gone last Sunday...
×
×
  • Create New...