With regards to the recent rulings on speed cameras and the current discomfort State Governments are feeling about their use, has anybody considered the legal ramifications of appealing their payment of a prior fine.
If the law allows us to appeal Court decisions based on the fact that we have new evidence that may have affected the initial decision, should we now be able to appeal any payments of prior fines now that we know that some of the camera's used may have been faulty @ the time the fine was produced ? Should I, in retrospect, be able to question the set-up of the camera used and request notification of when it was last calibrated prior to my fine being issued ?
At the time I could not believe that my wife's Focus could accelerate from a Red light to 78km/hr within 100 metres as it is claimed to have done - I don't think it could do this even if I drove over a cliff. I wanted to fight the fine but my wife paid it as she did not think it was worth the effort. With this new evidence, I believe that I may have had a better chance of winning my case - so do I have the right to appeal ????
Imagine if all those people who had received a questionable fine over the past 6-12 months appealed the decision based on this new evidence. We may not get our cases re-heard but I'm sure it would make the state governments sit up and take notice and maybe even come up with some appropriate policies to reduce the carnage on our roads rather than filling their superannuation pockets.
Most of my experience is with Civil Law so is there anybody with the appropriate background here that can advise if this is a feasible argument or whether I am just tossing to much (in my sleep).
I would imagine that the Government would somehow put limits on speed camera claims as excessive/appealant claims would flood the courts, bringing the legal system to a standstill
I say go for it
If those cameras DO turn out to be faulty, I'm asking for my 6 points and $500+ back
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Im always thinking about someone who has lost their licence, and so LOST their job, and so LOST their house due to being unable to pay repayments!! I assure you this has happened, and if I was caught , as i am doing the 12 month 0 point thing to get my points back, i would be one of these people. There must be some, if not many people like this around!
Will the government give back the guys loss of earnings, licence, house etc?!! They should, and they should have thought about the consequences of faulty cameras in the 1st place.
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I would imagine that the Government would somehow put limits on speed camera claims as excessive/appealant claims would flood the courts, bringing the legal system to a standstill
But the government can't over-power the courts?????
I say definately go for it.
The worst that can happen is you dont get off.
But if ANY cameras are found to be faulty, every single fine and ALL ramifications of fines made by these cameras must be refunded.
There is NO way to prove you werent travelling at the speed claimed if your car can do the alleged speed (re: datsun booked at 158kmh)
So how exactly do they determine which photo was taken by mistake and which werent? I dont think they can. therefore as I said above, everything should be wiped clean and refunded.
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But then of course, having said that, there is next to no chance at all that the government will do the RIGHT thing, cause that would send them into debt for many years to come.
On the other hand, it could be a good bargaining point where if all fixed cameras were removed permanently we, the public, would waive the refunds of money.
Though, I doubt this would ever be agreed to by all people of either party.
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DILLIGAF: a subsiduary of the DGAF NOP group of companies. BSR Member - 'Blanky' 'ConeKiller'
I say definately go for it.
The worst that can happen is you dont get off.
But if ANY cameras are found to be faulty, every single fine and ALL ramifications of fines made by these cameras must be refunded.
There is NO way to prove you werent travelling at the speed claimed if your car can do the alleged speed (re: datsun booked at 158kmh)
So how exactly do they determine which photo was taken by mistake and which werent? I dont think they can. therefore as I said above, everything should be wiped clean and refunded.
In a court of law you would not have to prove that you were not speeding, merely prove that the reading of the camera could not be relied upon or was likely to have been inaccurate.
If the camera was not functioning as it should, then it's reading cannot be relied upon and the only prosecution evidence is suddenly very dubious and likely to be thrown out.
If the camera was not functioning as it should, then it's reading cannot be relied upon and the only prosecution evidence is suddenly very dubious and likely to be thrown out.
Thats fine for anyone who does stand up and take it to em. But what about all the others? Will the gov just let it slide or will they chase up repayments of false fines?
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Do I really have to write something funny in here?
DILLIGAF: a subsiduary of the DGAF NOP group of companies. BSR Member - 'Blanky' 'ConeKiller'
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Speed Cameras - has anybody considered
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