Infringement notice - I wasn't speeding! - Page 2

snappy · 01-10-2009, 04:55 PM

Quote:

Originally Posted by vbomber

was it the wellington bridge camera? alot of people are getting done at 108km/h

Was going to say that , they have been questioned on the news to no end , somthing like every 6th car gets booked for 108 on it or somthing . Aca had a big speil about cause some people have had 10 + fines from it in the time it takes the first to get sent in the mail . Of coarse the gov said there not faulty but there has been reports of technicians out there alot but the reackon there just testing them .

4Vman · 01-10-2009, 04:57 PM

Quote:

Originally Posted by kircher

In this case, where you win on appeal, ie. the state is found to be wrong, can you then turn around and sue for loss of income from your wastage of time defending yourself, as well as for the cost of your legal fees? If someone did that successfully they'd become my new hero.

Id imagine its all at your own cost....

Mr Hardware · 01-10-2009, 05:25 PM

every convicted criminal in jail is innocent, you just ask em.

XR6TCraig · 01-10-2009, 05:35 PM

Quote:

Originally Posted by Mr Hardware

every convicted criminal in jail is innocent, you just ask em.

Which has plenty to do with being booked for 106 in a 100 zone, right?

:

Murderers, rapists, toll evaders and people who do walking pace over the speed limit. Why not throw them all in the one basket? They are obviously all as bad as each other!

:

prydey · 01-10-2009, 08:51 PM

Quote:

Originally Posted by Riksta

What about the 10% ADR on speedo tolerance?

i don't remember exactly when the rule changed but it was 5 - 10 yrs ago. manufacturers have 0 tolerance on a speedo reading slower than actual road speed and 10% on speedo reading higher than actual road speed.

speedo's are pretty accuate these days and when the car leaves the showroom it will never read less than actual road speed. tyre wear makes tyres smaller which means as they wear your speedo will read faster than your actual speed.

if you modify your car in any way, shape or form, the onus is on you to make sure it is still reading correctly.

burnz · 01-10-2009, 09:05 PM

http://www.ombo.nsw.gov.au/publicati...nes.pdf?id=117

according to N.S.W. ombudsman, 10% sill effective. (i learned something new) page nine.

http://www.justice.vic.gov.au/wps/wc...detected+speed

prydey · 01-10-2009, 09:09 PM

Quote:

Originally Posted by burnz

http://www.ombo.nsw.gov.au/publicati...nes.pdf?id=117

according to N.S.W. ombudsman, 10% sill effective. (i learned something new) page nine.

yeah, its dated 2003. pretty sure there is now 0% above/10% below on all cars manufactured these days.

T3man · 01-10-2009, 09:15 PM

First you must get the pic. This determines your next step. If your car is NOT the only one in the pic you simply elect for a court hearing and when your day comes you present the pic and ask the magistrate how the prosecutor can say without a doubt that it was YOU and not the other car or cars? Case dismissed. Too easy.

If yours is the only car ... then ...

If you haven't ever had a previous fine/conviction then write the letter. However you do NOT admit anything. State what you said here - "you are very careful NOT to speed". Add things like you are very aware of the camera because you travel the road every day blah blah. If they let you off have a beer and celebrate.

If they don't then you elect to have it heard in court.

If this is your first time in court get a lawyer. He will give you your options ie plead quilty and ask for reduced fine because of low income/financial hardship whatever may apply to you. If it is your first offence the magistrate has discretion to let you off completely or give you a suspended conviction - so no fine but it stays on your record. If you plead not guilty you need evidence - not just your word for it. Also if you plead not guilty and are found guilty then you will be less likely to get a lesser fine or a let-off.

The most important thing for every single person who ever gets an infringement is ALWAYS elect for a court hearing. If every person did this it would take less than a week for the court system to become completely clogged and the governments would have no option but to stop issuing infringements. Less than 2% of people elect to go to court - it currently takes a minimum of three months in NSW to get into a magistrate's court - imagine what the delay would be if 100% of people elected for a court hearing? Power to the people!

burnz · 01-10-2009, 09:16 PM

Quote:

Originally Posted by prydey

yeah, its dated 2003. pretty sure there is now 0% above/10% below on all cars manufactured these days.

yep i pay a lot of attenion

any way vic gov recons 3%

dom_105 · 01-10-2009, 09:22 PM

Quote:

Originally Posted by vbomber

was it the wellington bridge camera? alot of people are getting done at 108km/h

Incidentally, I'm still convinced that the Wellington Road cameras are dodgy. I won't go under that road any higher than 90kph

kircher · 01-10-2009, 10:02 PM

Quote:

Originally Posted by T3man

The most important thing for every single person who ever gets an infringement is ALWAYS elect for a court hearing. If every person did this it would take less than a week for the court system to become completely clogged and the governments would have no option but to stop issuing infringements. Less than 2% of people elect to go to court - it currently takes a minimum of three months in NSW to get into a magistrate's court - imagine what the delay would be if 100% of people elected for a court hearing? Power to the people!

That's a good idea. If only it was possible to organise a protest of that magnitude. Use the system against the state. How ironic that would be.

JACK250 · 01-10-2009, 10:42 PM

Quote:

Originally Posted by kircher

That's a good idea. If only it was possible to organise a protest of that magnitude. Use the system against the state. How ironic that would be.

Everyone is too lazy here unfortunately...

I agree you should write a (handwritten) letter. My mum and also step dad have both got off fines doing this, providing you have a fairly clean driving record you should be able to have it waived.

XR8GRL · 01-10-2009, 10:43 PM

Quote:

Originally Posted by vbomber

was it the wellington bridge camera? alot of people are getting done at 108km/h

It says Keysborough, Northbound, Dandenong Bypass bridge.

No I haven't seen the photo.
I don't have any other evidence to prove you wern't speeding and I don't have GPS/Satnav.

XR8GRL · 01-10-2009, 10:44 PM

Quote:

Originally Posted by XA-Coupe

Get a copy of the picture and go see a solicitor.
Do NOT waste your time listening to all the internet lawyers, get an experienced professional not a keyboard intellectual.

Will do

thanks to everyone for all the input/help.

4Vman · 01-10-2009, 11:21 PM

Quote:

Originally Posted by T3man

First you must get the pic. This determines your next step. If your car is NOT the only one in the pic you simply elect for a court hearing and when your day comes you present the pic and ask the magistrate how the prosecutor can say without a doubt that it was YOU and not the other car or cars? Case dismissed. Too easy.

If yours is the only car ... then ...

If you haven't ever had a previous fine/conviction then write the letter. However you do NOT admit anything. State what you said here - "you are very careful NOT to speed". Add things like you are very aware of the camera because you travel the road every day blah blah. If they let you off have a beer and celebrate.

If they don't then you elect to have it heard in court.

If this is your first time in court get a lawyer. He will give you your options ie plead quilty and ask for reduced fine because of low income/financial hardship whatever may apply to you. If it is your first offence the magistrate has discretion to let you off completely or give you a suspended conviction - so no fine but it stays on your record. If you plead not guilty you need evidence - not just your word for it. Also if you plead not guilty and are found guilty then you will be less likely to get a lesser fine or a let-off.

The most important thing for every single person who ever gets an infringement is ALWAYS elect for a court hearing. If every person did this it would take less than a week for the court system to become completely clogged and the governments would have no option but to stop issuing infringements. Less than 2% of people elect to go to court - it currently takes a minimum of three months in NSW to get into a magistrate's court - imagine what the delay would be if 100% of people elected for a court hearing? Power to the people!

You had me till the last paragraph... not everyone who receives an infringement is innocent, in fact most arent..... probably the 2% that do challenge them are the ones with a genuine case.
The last thing the court system needs is pointless petty hearings that tie up police resources delay real trials and cases and in most cases creates far more hardship for people with genuine grievances...

Ibrox90 · 01-10-2009, 11:32 PM

Ask for a copy of the police report, if anything on this report is incorrect, such as your were traveling south and you were actually traveling north, it will be dismissed, thats what happened when my old man got done for speeding due to a faulty speedo

not sure if that works on a camera case or only if you get pulled over

Auslandau · 01-10-2009, 11:38 PM

I think the question has been answered ...... the consensus would be, send a letter pleading your case or pay the fine. If you think its worth the absolute hassle of court to get out of it ... get some legal advice as legal advice on a car forum isn't usually very accurate and borders on the absolute ridiculous.

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