View Full Version : Q's on speeding fine
scotty mac
05-12-2007, 05:47 PM
can police fine you on there estimate of your speed alone? i just got done for doing 100k in a 80k zone, he didn't get me with the radar he had to catch up by then i was doing 80. he judge the speed by how long it took him to catch up.[?]
Iceman
05-12-2007, 05:54 PM
As long as you didn't admit to it, then it's his word against yours. Of coarse it would take him some time to catch up from a standing start.
traviss
05-12-2007, 06:05 PM
That has no chance in court he would have to prove his ablity to proform complex mathmatics while driving in a safe manner with only a 2% availble error He can only say he thought you where going too fast ..But if you admited you where speeding ya screwed I think ..good luck
scotty mac
05-12-2007, 06:25 PM
i said i thought i was doing 80 or jus over. but then he said he was 2 cars behind me at the lights an took him a couple of k's to catch up at 130..might be more hassel than its worth. he only gave a warning on my mirror was to small and rego label was missing, did say anything about the rest of the bike(or helmet).
Learnatic
05-12-2007, 06:31 PM
You can try pointing out it only looked like you were speeding because bikes accelerate faster than cars and you like to get a way from them,then stay at the speed limit for safety.Stil comes down to your word against his.Good luck.
zx12argh
05-12-2007, 07:32 PM
i was accused of doing 140 in a 70 zone - i was uber polite but stated i did not know how fast i was going - when forced to state a speed i said i was going x speed but i really couldn't say as it was a guess.
I got away with a slap on the wrist after possibly doing double the speed limit - but then again i can't be sure - i wasn't watching the speedo ;)
scotty mac
05-12-2007, 07:44 PM
quote:Originally posted by zx12argh
i was accused of doing 140 in a 70 zone - i was uber polite but stated i did not know how fast i was going - when forced to state a speed i said i was going x speed but i really couldn't say as it was a guess.
I got away with a slap on the wrist after possibly doing double the speed limit - but then again i can't be sure - i wasn't watching the speedo ;)
was that incourt or on the road side?
chadams
05-12-2007, 08:01 PM
In a previous life, I was dragged to court, on the same day one of the cases was similar to yours scotty, the cop estimated a bike was doing 30 - 40 kmh over the limit. It held up in court as the cop had over 10 years experience. I think its bullshit as speed cameras have to be calibrated on a regular basis, but a cop can guess and it sticks. I would argue it in court, get a good lawyer and try to get the cop in question out to a race track to see how close he can guess a car's speed. Make sure they use odd speeds and mix them up. Don't use the standard 40, 60, 80, 100 and 110. get him to guess to an actual number ie 83kmh and then plot them. You will only need about 30 minutes for the numbers to work in your favor.
But Scotty you have to ask yourself is a 20kmh over speeding ticket, worth a couple of grand to prove a cop wrong? He will have every excuse under the sun to argue the results. The one that will hurt most is the cop will argue you were traveling to fast for the road & traffic conditions (even if it was an empty road).
scotty mac
05-12-2007, 08:34 PM
i'm thinking the same thing. $150 fine v's all the fees incourt then still lose.
hooligan
06-12-2007, 09:03 AM
I got pulled over when i was on my p's about 10 years ago. The cop saw me "accelerate harshly from the traffic lights" when he was coming out of a servo. As i slowed for a roundabout, i saw the disco lights in my mirror, and pulled over. He kept asking how fast i was going, but i didn't know, i was watching the road, officer. He'd called a pursuit, paddy wagon etc turned up. All he could get me for (i was to far away to get a reading) was no p plate and riding a bike bigger than 250cc (a trx 850). The fact i was a complete smartarse once he said he didn't know how fast i was going (i knew how big the fine was gonna be) probably didn't help.
Tell 'em you're going to fight it, see if they back off - 'cause they know that there's a big hole in there case.
zx12argh
06-12-2007, 12:19 PM
quote:Originally posted by scotty mac
quote:Originally posted by zx12argh
i was accused of doing 140 in a 70 zone - i was uber polite but stated i did not know how fast i was going - when forced to state a speed i said i was going x speed but i really couldn't say as it was a guess.
I got away with a slap on the wrist after possibly doing double the speed limit - but then again i can't be sure - i wasn't watching the speedo ;)
was that incourt or on the road side?
it was on the roadside mate - most of the time i reckon you just have to pass the attitude test. i've gotten away with some shit in my time just by getting on their good side. - but then again some people just have a pole up their arse and there's no helping them. I guess i've been pretty lucky.
Gix11
06-12-2007, 12:50 PM
Yea, had this one a few times. On all occasions just say you were riding at a speed that you felt safe and were concentrating on the road conditions and not your speedo. Never been fined. Never ever tell them you know what speed you were doing or else you're screwed, and they know it.
police cant fine you for anything based on an estimate!!
Do you have any friends in the force???
scotty mac
06-12-2007, 04:48 PM
don't know anyone directly in the force but i spoke to someone close to it. she said i'm done... no question, but i don't trust her work at all. cause he estimated my speed between 100k - 130k(generiously) he could get me for the 100k. now this was over a short distance (2-3k's). anyone here in the force?
used to be, but im not sure on your states rules!!!!
I know in some other states/territory's they cant do this!
tough one!!!
I would contact your local police and ask them who the contact
is for disputes is??, write them a very polite letter appealing
your infringement an hope they drop it, your chances are fairly
good!!
you also have a resonable chance taking it to court..... but is it
worth it???
traviss
06-12-2007, 06:20 PM
Most states in Australia are different to each other on rules But Im sure an officer in a car behind other traffic cannot estimate a speed for a accelerating vehicle while moving himself and have a variance of 30 kmh It wouldn't hold up in court Its worth a letter to the infringement office ...Was he the only officer in the car and was it a toggy car, plain cloths or private vehicle he got you in ..and did he know what bike brand and model you where on ..For an example A cbr250rr with an aftermarket pipe would make a noise like its going somewhere fast but in fact its going nowhere..You could have used My top gears are not working so its reving harder than it should, it sounds like Im fanging it but Im not ...
alfiestorm
07-12-2007, 07:53 AM
If I were you I would be demanding that the case go to court.
State the reasons along the lines of is the coppers brain a computer and his eyes have laser vision and where is his calibration certificate and you want the police to prove that a copper can accuratley estimate? the speed of a vehicle without the aid of detection equipment whilst driving and behind traffic and keep his concentration while doing 130kph in a built up area?.
Mate the copper aint got a chance run with it and prove the twat wrong.
Dont be intimidated by laters that they may send it is all bullshit to try and get you to roll over and be fucked.
You will probably find it wont even get to court and they will drop the alledged case.
Me`I hate the traffic (speed) cops only a mother could love those buggas
just get legal advice before you take it on, I asked some old work mates of mine last night
about it and I think you going to have to pay it.
but look in to it! I wouldnt rely on anything that is said on this site!
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