Hiya, got done for doing more than 50 in a 50 zone. it was just a few km, but enough for the copper to do me. Got the notice today and have noted that the actual speed I was doing is not stated on the form, so how do I know what or why I was doing and also how do I know how many demerits?? Shouldnt the alleged speed I was doing be written on it? Is it worth contesting on this basis?
In WA....you can feel you are right because the speed or time or date was not written on the infringement...or it was wrong or they have written the wrong address on the infringement...but in WA it's not worth the dollars to contest anything like this..
If one done doesn't dot the I's and cross the T's, then the paper work is inaccurate. Should you contest it in court, you may have a chance that it would be thrown out as the officer is not going to remember the actual speed (how many infringements would be done in a day/week/month?). If there is an element of doubt then the outcome maybe favourable.
Guilty until proven innocent when it comes to this stuff unfortunately. If nine kms over the limit or under should be just a fine. Over that then points kick in. I think. I stand to be corrected if any of our boys in blue wanna chip in. I got done 119kmh in a 110zone which was just a $75 fine after overtaking a grey nomad with a 30ft van in tow doing 80km in a 110km zone on Albany hwy in between Williams and Kojonup. I asked why they do not stop these guys as i thought doing 20kms under the limit or more was also a bookable offence and caused half the dramas on the road. I need an MC license which is tough to get to tow a trailer or two in a truck but a huge van behind that brand new gold cruiser ...... nothing. Rant over ![]()
I would contest it before even thinking of going to court, contact the issuing Gov Dept and demand an explanation of what speed you were doing and how many points would be lost etc. They may? cancel the whole thing rather than making the issuing officer / Gov Dept look like fools.
If you get no where with them give 'Today Tonight' a call they LOVE stories like this... BUT you need to be proactive before the due fine payment date, if you wait your options will reduce greatly.
^^^+1
I think the issued fine must state the speed, fine and demerits, along with time, date and location.
^^^^^ yep...good luck with that^^^^
This issue has been bought up before many many times on the radio with Karl O'Callaghan, he has stated that you have 2 good choices with turning over an infringement that has been wrongly written...manly because the person that will be there with you in court is the officer that gave you the ticket......your 2 choices off course are non and buckleys...but hey....as I said that's in WA ![]()
Its an infringement, so if you want to go to court to contest it that's your choice - just fill in the back of the notice that you want to do that and send it off to have your day in court. However, I think you might be missing the point.
The idea of an infringement is to allow people to fess up and avoid a traffic conviction, and avoid wasting their time and the courts time with dealing with a matter that is usually relatively straight forward.
But hey, if you want to try and get out of it go for it...its your time and money.
My guess is that you know you were in the wrong and are searching for ways to get out of paying the fine, as you have said: 'Hiya, got done for doing more than 50 in a 50 zone. it was just a few km, but enough for the copper to do me.'
You don't need to go to Today Tonight. Just telephone the officer or his station and ask what the penalty will be. Alternatively go to:
www.police.wa.gov.au/Police-Direct/Infringement-Payments-and-Enquiries
Most of the time Police officers only write tickets if you are above the limit by 10 or so k's. You don't mention the amount you were over...perhaps you should read the ticket again.
Either way, you need to do something before the 28 day expiry.
It maybe that because you were just over and you were in the zone where they only slug you with a fine (no demerits), they're not required to state the speed they clocked you at.
They may only need to describe the nature of the offence and state the "speeding zone" you were in?
^+1.
Pay it...
You admitted your guilt, now you have to pay the penalty. Don't try and get off on a technicality that is just weak IMO, why can't people be responsible for their action instead of trying to find a sly way out of it.
If details are incorrect take it to the cop shop. A ticket dated incorrectly is "thrown away", so incorrect details such as your ticket are invalid. The cops know this and that it is pointless going to court.
There is only a requirement for the issuing officer to indicate which "bracket"your speed fell into, IE: below 10kmh, 10-20kmh over etc. There is no provision or requirement to indicate the actual speed your vehicles speed was checked at.
I am sure if you were paying attention at the time you would have been told in no uncertain terms the speed you were travelling at when detected.
Many years ago I was pinged by a multinova,as in the above case- just barely over the limit. The car I was driving was brand new, but the speedo had failed (which the dealership admitted to and gave me a Stat. Dec. accepting all liability for)
I went to the camera section and got told - rather impolitely, "tough $**t sunshine- the fine stands, so p**s off and stop wasting my time"
Not being too impressed with the attitude, I elected to go to court.
Magistrate would not accept the Stat. Dec. and reckoned that without a speedo the vehicle should have been towed to the dealership
the fine was declared legit, and I had to pay court costs.
My total cost of fine and court fees was $130
However, the Police had to bring in:
-the bloke who operated the multinova,
-the Police car driver and passenger that were used to calibrate the multinova,
-the boss of the camera section,
-the bloke that prepared and serviced the multinova,
-the Police officer that issued me the summons,
-2 police/public servants (I cant remember what or why they were involved)
My case had been the last of the day, I spent 6 hours sitting happily across the waiting room from all these rather unimpressed fellas who were not very happy about being in court.
I found that there was AT LEAST a full days worth of paperwork and preparation for each bloke involved in the case- and that 1 had been flown down from the northwest and put up in a Perth hotel for 4 days!
OK- I lost the case- fair enough, I accept the umpires cal.
but who really lost?
my cost= $130
Police legal system= $??????????????????
stephen
^^^ oh you mean the system that you pay for with your taxes?
One copper got an all expenses paid trip back to Perth for four days and the rest got a lazy day bumming around doing nothing and you still lost it at trial, I'd say lose/lose all round for you Stephen.
I had no idea the system was going to work out like it did- the whole thing would have been sorted at the camera section counter if the bloke had been a bit more civil and politely explained that for xxxxx reason the fine could not be withdrawn.
I would have been happy with something like that.
But!!
A public servant telling me to p**s off is not a good idea.
If anyone in public office speaks to me in that manner- I have no problem going over thier head.
At the end of the day-they are the servant, I am one of the public who pays thier wages.
A little respect goes a long way.
An old mate used to say he always factors in 1 speeding fine per year;
- Rego
- Insurance
- 1 fine
Besides, petrol, food, rent/home loan, wife/girlfriend, kid(s), and car depreciation are infinitely more expensive that 1 measly fine! ![]()
I was busted by something similar to this Green Machine. (On the left).
www.flickr.com/photos/nswhwpp/6041753540/in/photostream/
PS - I paid up and copped it sweet!
^^ Fair bump, bad form by the dude behind the counter though. Shame it turned into something bigger than it needed to be because he was a dick.
My mum had a similar problem dealing with that office last year, she got snapped doing 87 in a 70 zone down Mandurah way, but she swears the camera was in the 90 zone. She was nice as pie and played the game and sought verification that the camera was in the correct location. She tried hard to have it resolved prior to getting to court but ended up taking it to trial. The prosecutor approached her right before the trial and saw on the file she tried to resolve it before hand, he was given the info she had been requesting and was able to show it to her before trial. She realized the mistake was hers and pled guilty and copped her fine. The prosecutor and magistrate were apparently great, but it never needed to get that far.![]()
That Infringement Office must get so many tossers walking up those stairs and in the front door that they have to wear a thick suit of armour to deal with all the BS. Unfortunately the genuine/honest mistakes have to battle the same armour and often walk away frustrated.
thanks all for your opinions. Just out of interest, there was a line of traffic doing the same speed as me, and the policeman decided I was the one he was going to point the gun at, everyone else got away with it. I had just had root canal surgery and was in lots of pain so wasnt watching my speedo, just travelling behind a car in front. but once again, thanks for all your opinions.
Im going to phone and ask.