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Old 12-26-2003, 04:38   #1 (permalink)
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Read How to defend a speed camera infringement

http://www.roadsense.com.au/defendthatticket.html

A very informative site on how to defend a speeding ticket. It basically says that every ticket should be contested and hopefully the pollies will get the message although that is doubtful with their "speed kills" attitude.
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Old 12-26-2003, 05:09   #2 (permalink)
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Re: How to defend a speed camera infringement

That makes very interesting reading, maybe you could do a poll asking people after they have read that article would they have a go at defending a speed camera infringement notice
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Old 12-26-2003, 05:25   #3 (permalink)
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Re: How to defend a speed camera infringement

Thanks for that I wonder if the rules & procedures are much different state to state.
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Old 12-26-2003, 06:31   #4 (permalink)
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Re: How to defend a speed camera infringement

Anyone know of a site for SUCCESSFULLY defending a speeding ticket?
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Old 12-26-2003, 06:57   #5 (permalink)
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Re: How to defend a speed camera infringement

A speeding ticket is usually a statutory offense anyway - that is, its the onus on you to prove that you are innocent and not guilty of the offense. The reason for this is so the courts system is not clogged with people contesting speeding fines and other, lessor misdemeanors. As bad as it sounds, sometimes you just have to cop it sweet; the issue at hand lies with the state parliment, not the judiciary.

It may also be worth noting that a judge can issue a harsher fine than the one originally issued.

That might be brilliant idea for checking if your speedo is out of order, but its not going to work wonders for you. You could argue a defence of a reasonable mistake that a normal person could do, but you should be able to tell the difference between 80 km/h and 91 km/h, and I think it would be the responsibility of the owner to ensure that the speedo is (roughly) accurate at the time of registration etc.

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Old 12-26-2003, 09:55   #6 (permalink)
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Re: How to defend a speed camera infringement

Quote:
Originally Posted by dave_au
The reason for this is so the courts system is not clogged with people contesting speeding fines and other, lessor misdemeanors. As bad as it sounds, sometimes you just have to cop it sweet; the issue at hand lies with the state parliment, not the judiciary.
I disagree.
Speed camera's, whether they are mounted on cars or fixed on freeway over-passes and intersections are nothing more than revenue raising.

Living in Victoria, our 'hungry' state government; like the windfall on stamp duty is not enough, has just put in place dozens of new fixed speed camera's at intersections. I see people slow-down as they go through intersections, and then just 'floor-it' straight after. You might say that "this is the point", but thats BS as the point, as stated by our state gov is to slow drivers down overall to save lives (not just through intersections).
Even the claimed reduction in road toll figures are fudged. as the reduction in deaths is purely of peadestrians only, not drivers !.

Even senior police in Victoria have admitted that these new camera's are nothing but revenue raises.

This situation is beginning to piss people off big time, and I can see many more people beginning to challenge their fines, and good on them !.
Imagine the cost to police and the judiciary if 9/10 fines were challenged. Unfortunately most people "have lives" and dont have the time to do it, and just pay it.

Considering car manufacturers only need to install speedo's within +/- 10% accuracy - as per Aust Design Rules, then either the ADRs need to be tightened up (ie..zero tolerance), or they should at least re-introduce the +/-10% flexibility. Why should consumers be hammered with the cost of having their speedo's tested, and then have to waste more of their time taking their car back to the manufacturer to have it corrected or replaced.

I assume the Federal government is responsible for the ADR's in relation to road vehicles, therefore they also need to act to either:
1. Tell the states to give a +10% tolerance before imposing fines, or they could withhold fedral funding for further road projects...
or
2. Update the ADR's to enforce zero tolerance on Speedo's (ie..must be 100% accurate, else manufacturers could be held accountable for fines if the speedo is tested and found to be inaccurate.
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Old 12-26-2003, 13:04   #7 (permalink)
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Re: How to defend a speed camera infringement

there is another option for defence when booked by a laser gun. If there is only one cop that books you and are provided with no evidence apart from him showing you the gun.
You can lie in a stat dec saying you were not speeding and take it to court. In the first hearing you don't plead guilty/not guilty but instead plead: no evidence.
The onus is then on the court to prove beyond all reasonable doubt that you were speeding.
Now normally infringments and expiations come under tax law and that means they don't have to prove you did anything they can just make you pay but because of the stat dec and your plea they have to prove it.
They can't so you get off.
Doesn't work if they have photographic evidence though and lieing in a stat dec can get you a fine of up to $2000 or 6 months in gaol.
Usefull if you were not actully speeding though and believe the cop was just out to get you......
But basically if people in AUS actully got off their lazy arses and winged about it something might be done but while people just pay the fines you can bet the Gov will keep handing them out.

I have not yet nor will I ever pay a fine with out going through the courts first.
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Old 12-26-2003, 13:28   #8 (permalink)
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Re: How to defend a speed camera infringement

Quote:
Originally Posted by carazy
there is another option for defence when booked by a laser gun. If there is only one cop that books you and are provided with no evidence apart from him showing you the gun.
You can lie in a stat dec saying you were not speeding and take it to court. In the first hearing you don't plead guilty/not guilty but instead plead: no evidence.
The onus is then on the court to prove beyond all reasonable doubt that you were speeding.
Now normally infringments and expiations come under tax law and that means they don't have to prove you did anything they can just make you pay but because of the stat dec and your plea they have to prove it.
They can't so you get off.
Doesn't work if they have photographic evidence though and lieing in a stat dec can get you a fine of up to $2000 or 6 months in gaol.
Usefull if you were not actully speeding though and believe the cop was just out to get you......
But basically if people in AUS actully got off their lazy arses and winged about it something might be done but while people just pay the fines you can bet the Gov will keep handing them out.

I have not yet nor will I ever pay a fine with out going through the courts first.
The big problem is that perjury can get you a lot more than a $2K fine and 6 months in the caboose. That's not to say it isn't done all the time but where people go wrong is that they don't stick to their story and crack under the pressure.

If you are as guilty as hell, my opinion is get the ticket, send it back to contest it as is your right ... adjourn it a couple of times then the day before the mention date ring up and say you are pleading guilty and pay the fine. Maximum inconvenience for the system.
In the 'Old Days' when camera had a 10 Kmh leeway no matter what the speed, I didn't mind them, but now ... in short .. screw 'em

In all seriousness.. everyone should look at the picture and seek professional legal advice before doing anything.
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Old 12-26-2003, 14:49   #9 (permalink)
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Re: How to defend a speed camera infringement

oh but if you lie on a stat dec your asking for it.

By the way the above doesn't mean I never payed a fine I just wasted their time in the maximum way first
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Last edited by carazy; 12-26-2003 at 14:51.
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Old 12-26-2003, 15:10   #10 (permalink)
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Re: How to defend a speed camera infringement

i would say that a agree with what james A posted....
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