Ford Forums banner

1 - 20 of 23 Posts

·
Registered
Joined
·
230 Posts
Discussion Starter #1
Anybody read the article in the latest Motor magazine?

"How to take a speeding fine to court - and walk away a winner"

Looks like good basic information but obviously generalised a bit.
I am a good boy on the road and have only caught 1 snappy pic job (I was doing 70 and it was a 60 zone - exiting Yarra Glen towards Glenburn) and 1 by the man with a hair dryer (I was well and truly over the limit on a bike and smiled when the constable suggested 15km over the limit), never having pushed these through to court.

Has anyone tried to push their point through court on a borderline speeding issue and been successful?

A thread by state listing these experiences could prove useful for those who spend all their time on the road.
 

·
Crazed Cone Chaser
Joined
·
2,524 Posts
I havent yet taken one to court as my first was by mobile radar, so no point contesting really and I dont mind as there was a judgement made by a real human not a machine, as to whether or not I was safe, even though I probably was still safe it was his choice to decide that I wasnt and thats fine by me.

My second was on citylink and it is currently under consideration from all the stuff-ups they have had. I am yet to see the outcome of this one. However if it comes back as one that I do have to pay, I will probably try this one out in court, as I beleive there is probably enough reasonable doubt for it to be thrown out, due to the publicised innacurrate readings from cameras, and the fact that I dont see how it is possible to check which photos were read correcdtly and which ones werent.
 

·
Faster than Zyrtec
Joined
·
2,105 Posts
"get a lawyer". Funny how the article was bascially written by one. But some interesting ideas on "civil disobedience protesting"
 

·
FF Town Sheriff
Joined
·
1,165 Posts
and does it end up costing you more?
 

·
RACE
Joined
·
2,950 Posts
I took one to court 3 years ago and lost, but the fine was reduced and it was well worth the effort. However, take it took court only if you feel you genuinely were not in the wrong or not in the wrong as much as they think.
 

·
Registered
Joined
·
230 Posts
Discussion Starter #8
MADXF said:
I havent yet taken one to court as my first was by mobile radar, so no point contesting really and I dont mind as there was a judgement made by a real human not a machine
In the article it points out that in some states the radar systems cannot be used from a moving vehicle. The point being know the laws as well or better than those pretending to apply them.
I understand your point of view on the human vs. machine issue, however I also work with 'machines' (data acquisition) and know that when they are configured and used properly, they don't lie and are always consistent. Something that the human factor tends to have difficulty with.
 

·
Registered
Joined
·
80 Posts
You can successfully contest a ticket. Personally I would contest my next ticket simply to have experience in a court room and there is a reasonable chance you can get it reduced or be let off and only a slight chance it can get worse. If you are so obviously in the wrong and don't know what to say to the judge then you will look pretty stupid and things may not work out for you.

But there is a defence for almost anything, thats why rich people pay slimey lawyers for.. you can be guilty, plead guilty with a explanation and get off.

You can also delay it, etc. Completely legal tactics, so you can get some points back so you don't lose your licence.

If your not prepaired to defend yourself in court then you will get walked all over..The courts are basically our last resort as citizens, from tyranny.
 

·
LOOKING FORWARD TO NYE!!!
Joined
·
2,512 Posts
how much does it cost to take it to court? obviously if you use a lawyer its going to get pricey, but what if you defend yourself?
 

·
Team Galaxy: Mad Bastard
Joined
·
2,847 Posts
I've read that article too...very entertaining. I laughed till my ballz ache when I read the part about telling the coppers that you don't know who drove the car, and the aprt where you tell the coppers that the person who rove the car is an overseas visitor...LOL...priceless!!!
 

·
Movin!
Joined
·
2,924 Posts
i was telling my brother and his g/f about this on the weekend, she is a police prosecutor. She was sayig that almost all of her cases are traffic infringment related, and 90% are found to be guilty in her 1.5yrs of being in that positon. She said that some people have won, but they have relied on professionals that are experts in camera's, angles etc and if you lost would be $1000's out of pocket!

I consider the overseas person and "i dunno who was drivin me ute" good excuses, but if found guilty, you either cop the fine anyway or get done for perjury unless you prove that someone else was driving the car.

Having said that, i wouldnt rule out a court case if you thought u were genuinely hard done by
 

·
SBR Supporter
Joined
·
1,926 Posts
This isn't really court related, but its a funny read none the less. I know a guy who was booked for a 64 in a 60 by a cop here in Sydney. The officer came to the window and said to him, "Sir, you've been clocked at 64km/h in a 60 zone, I'm going to have to give you a fine of 2 points and $180."
Now, the person replied, "Come mate, its only 4k's over, I thought you guys allowed that anyway?"
To which the officer replied, "Sorry Sir, but you know the law, and you were speeding, so the fine stays."
The person then said, "I'm sorry, but aren't you supposed to wearing a bright yellow vest which says POLICE on it in bring orange letters?"
The officer replied, "Uhh, yes."
The person then said, "Well where is it?"
The cop goes, "Its in my car, why?"
The guy goes, "Ok then, here's a $500 fine, Work Cover Authority"

If only I were there to see the look on that officer's face. Priceless.

Anyway, I would gladly take any fine to court, even if it costs more then paying it in the end. This speed camera and 'speed kills' fiasco has gotta stop, and I think paying court costs is better then losing beloved licence points. I heard in the UK they've begun taking down all speed cameras since they've admitted that ever since they put them up, accidents have INCREASED instead of decreasing...
 

·
Pursuit Reincarnation Dog
Joined
·
7,777 Posts
I've taken on every single speed camera infringement I have received and the gutless Police have never allowed any of them to go to court. They don't want precedents set and know full well the fragility of the laws they rely on to bully people into paying up. That's the reason I'm fighting one I got while I was overseas (work that one out!)

It doesn't matter if you lose the battle when you go to court because just like in any war the bigger the numbers you have on your side the better the chances of success. If everyone took up their right to the most basic premise of law (guilty until proven innocent) and fronted up at court the thieves we call the Police will have to stand down and think about how many frivolous fines they write out.

Fight 'em all I say!
 

·
Pursuit Reincarnation Dog
Joined
·
7,777 Posts
Steffo said:
I thought it was 'Innocent until proven Guilty' ??
Oh sorry, was I being Carl Scully for a moment????????? :wnc: :wnc:

yes, you are right, unless of course you are a motorist in which case I was right. :fraz:
 

·
Zetec Is Better Than VTEC
Joined
·
184 Posts
A mate of mine took his to court but he lost.

he wasn't caught by radar or nothing it was just by the cops spedo following him.
judge said the cops word is more trustworthy than a p platers.
 

·
grippin'n'rippin
Joined
·
250 Posts
Speeding cameras should be banned. The entire justice system is based on the philosophy "Innocent until proven Guilty". Photos takes of speeding cameras do just that, take photos of speeding cars. I don't see my face anywhere on that photo. And when you get a fine, the only way to get out of it is by proving it wasn't you driving. Innocent until proven guilty my arse. Why don't they prove that IT WAS me behind the wheel. Why do I have to prove to them that it wasn't me. Innocent until proven guilty, remember. Just coz the car is registered in my name doesn't mean I drive it all the time.
 

·
BOFH
Joined
·
7,560 Posts
AP, whats the basic points that you fight them on? Any suggestions?
I was thinking of asking for the detailed info on the calibration of the camera that snapped me and the rules regarding the positioning of the vehicle in respect to the road. Any ideas? I want to really give them a hard time.
 

·
Pursuit Reincarnation Dog
Joined
·
7,777 Posts
Each case has its own special points so to comment and provide insight is gonna be a bit hard here. One of the beauties I'm holding onto is that the NSW speed camera cars have their radar head mounted on a Ford smartbar and have a slotted hole to adjust the baseplate angle. Shiver me timbers if I didn't see a MAJOR problem with one of the Sydney based cars. The bar has had an impact and is sitting recessed on the right side meaning the smartbar return mechanism has failed. The front of the bar also has impact damage meaning the radar head has probably moved as well. The cumulative effect on cosine angle is an inaccurate speed measurement!

There's so many issues!!!
 
1 - 20 of 23 Posts
Top