Police and their questions

[custom-cbr]

Hi there, I was interviewed by a police officer the other week regarding speeding....

Now he was sitting in front of me and said "Do you know what speed you were doing?" I anwsered "about 140" he said that he clocked me at 185, I said no way was I doing that speed, and that I was going no faster than 140.

Question, should he offer proof of the speed he got me at?

I feel I was not going that fast.

[Rainbow Wizard]

I was interviewed by a police officer....should he offer proof of the speed he got me at?

If not then it's just your word against his, but guess who the courts are going to believe.

[crashe]

Did he ping you with a speed thingee in his car?
Then he should have shown it to you when you asked to prove it.

Did he follow you at the speed he stated you were goin then stop you??
Then that could be harder to prove.

Did he use a laser gun and then you were stopped?
Again he must show it to you when he asked.

Yikes I hope I get this right or the coppers on here will go after me.....lol

[Mongoose]

Did he ping you with a speed thingee in his car?
Then he should have shown it to you when you asked to prove it.

Did he follow you at the speed he stated you were goin then stop you??
Then that could be harder to prove.

Did he use a laser gun and then you were stopped?
Again he must show it to you when he asked.

Yikes I hope I get this right or the coppers on here will go after me.....lol

Start running, the coppers are after you :yeah: :wari:

[gav]

So this is why your bikes for sale, huh? And I guess you werent using the NOS?

[custom-cbr]

Na, it's just time to give my bike a new home.....

Anyway thanks for the replys, I know that I was speeding, I had just passed some cars that were doing 100, and I know I did'nt go over 140, which I know was stupid, and I have learnt me lesson on this one.

[crashe]

Well the fine between 140km and 185km would be huge...
and the amount of demirit points as well.

[custom-cbr]

That's one of the reasons im selling the beast....

[Coyote]

Well the fine between 140km and 185km would be huge...
and the amount of demirit points as well.
You can go as fast as you like past 136kph, and still get the same fine and demerit points, not sure if that's a good thing :unsure:

[limmy]

good luck dude. which ever the case its going to cost u a bundle.

[Mongoose]

You can go as fast as you like past 136kph, and still get the same fine and demerit points, not sure if that's a good thing :unsure:

not quite, what about the instant walking and go to court, whats that at, 150+

[dangerous]

Then he should have shown it to you when you asked to prove it.

Again he must show it to you when he asked.

Yikes I hope I get this right or the coppers on here will go after me.....lol
Well yes and no....... they 'should' show you but they 'dont' have to eg: I watched a lazer gun speed trap the other day, the 'lazer weilding piglet' was on one side of a 4 lane rd and the 'pull you over and belt ya hard in the back pocket piglet' was on the other side 200m up the rd. The lazer fella just kept on shooting one after the other while his work mates, about four of em filled out fine after fine.

ps: note my norty word for police man/woman is an atempt to attract the buggers away from you...... crap her they come, you owe me Ms :apint:

[Skyryder]

I thought that 140 + was automatic loss of licence.

Skyryder

[Mongoose]

I thought that 140 + was automatic loss of licence.

Skyryder

Caint remember, there was talk of it lowering (waits for an "Official" answer)

[marty]

there was, it's still 51k over though. but you knew that....

[Monsterbishi]

Hi there, I was interviewed by a police officer the other week regarding speeding....

Now he was sitting in front of me and said "Do you know what speed you were doing?" I anwsered "about 140" he said that he clocked me at 185, I said no way was I doing that speed, and that I was going no faster than 140.

Question, should he offer proof of the speed he got me at?

I feel I was not going that fast.

He MUST prove to you that you were going that fast, a case has just been through the courts which hung on this fact alone, it was in the Press a few week(s) ago.

[bugjuice]

40kph over the limit doesn't sound like a lot to loose your license over.. same with 50.. but then I haven't done that, ever. ever ever.. so I wouldn't know. Wow, to think going that fast... :innocent:

Anyways, I thought the cop had to show you your speed, else he/she *could* say anything, then it's your word against theirs, and who's the court going to believe? Plus, if it did go to court, then what's the proof?

[madboy]

i had similar scenario many years ago - except driving my rally car (it was street legal-ish). Pinned it off the lights, did the big wank thru 1st, then dropped it into 3rd and stopped accelerating and actually dropped in behind another car dawdling at 50-ish... okay, so it was noisy and probably looked the bit, but I wasn't actually going fast.

Local 5-0 rolls up behind me and pulls me, claiming I was doing 80 in a 50 when I left the lights. "Rally" car or not, it was only a noisy Group N 323 with a rollcage etc, so a standard gearbox. Now you tell me if a standard 323 can pull 80k in 1st gear? Don't think so batman. And when I asked to see the radar reading the helpful officer explained that he'd knocked the button when he did the u-turn and cleared it.

I was real happy, rang the infringement office the next day and asked what the story was. They told me I was welcome to defend it, and it would then come down to his word against mine. That was a lot of help - young male with extensive driving "history", driving a turbocharged 4WD rally car, etc etc etc, vs a nice young copper who would never ever tell a lie because everybody knows that a policeman would never ever tell a lie. I just paid the fine, took the points... and lowered my opinion of the 5-0 still further. It's always the bad ones that ruin it for the majority.

[Motu]

When I was a young fella I was always ready for the Cops questions,I was saving up the answer for the big day,but I think they slipped me a trick question and I passed by mistake....











The question was - ''What's Mickey Mouse's last name?''....if that flumoxed you they asked a few more questions.

[spudchucka]

Did he ping you with a speed thingee in his car?
Then he should have shown it to you when you asked to prove it.

Did he follow you at the speed he stated you were goin then stop you??
Then that could be harder to prove.

Did he use a laser gun and then you were stopped?
Again he must show it to you when he asked.

Yikes I hope I get this right or the coppers on here will go after me.....lol
They don't have to show you the readout but it is considered best practice to lock the speed reading and show the driver if they wish to see it. There is no law, rule or policy that says the police must show the reading when requested.

If it was a case of the speed reading being the result of a patrol car following the target car then there would be no reading to show the driver any way as it is taken from the police vehicles own speedo.

[dangerous]

He MUST prove to you that you were going that fast,

Anyways, I thought the cop had to show you your speed, else he/she *could* say anything, then it's your word against theirs, and who's the court going to believe? Plus, if it did go to court, then what's the proof?
No they dont....... and theres no point in going to court, ya just will not win :brick:

[spudchucka]

Well the fine between 140km and 185km would be huge...
and the amount of demirit points as well.
140Kph = $510 fine and (I think it is 40 demerits).

185Kph = Arrested for dangerous driving, court appearance, $4500 fine, 6 month disqualification, 3 months jail.

[spudchucka]

I thought that 140 + was automatic loss of licence.

Skyryder
151Kph or over will cost you your licence for 28 days. There is an ammendment going through parliament that will bring that threshold down to 41+ kph over the posted limit.

[Ramius]

not quite, what about the instant walking and go to court, whats that at, 150+

If you are doing more than 51 over, your walking.

[crashe]

Thanks Spudchucka for clarifying it all for us....much appreciated.
:spudwave:

[avgas]

dont you just hate the letters they send you after you complain.
After they put
Mr .....
23 Gumball ave
.....

[date]

they put
Dear Sir/Madam
???????????????????????????????????????

wankers
atleast sign the fucken letter you pricks - no just photocopy your signature

[grantm]

To the best of my knowledge they are required to show you the speed that you are accused of. There are a number of required conditions that must be followed by the police when using these devices, and if you were caught with laser or radar, any breach of these can be a defense.
I am due to fight one in the High court next month, with a very sound defense that we are very confident of winning, due to a breach of one of these conditions of use.
Who's to say they dont just leave a reading on the gun from some other poor sucker and use it on the next guy.....the quota system they follow can throw up some dodgy practices .... :ar15:

[dangerous]

To the best of my knowledge they are required to show you the speed that you are accused of
Post #20 above mate..... from the horses mouth :apint:

[spudchucka]

Who's to say they dont just leave a reading on the gun from some other poor sucker and use it on the next guy.....the quota system they follow can throw up some dodgy practices .... :ar15:
Total crap.

[gav]

To the best of my knowledge they are required to show you the speed that you are accused of. There are a number of required conditions that must be followed by the police when using these devices, and if you were caught with laser or radar, any breach of these can be a defense.
I am due to fight one in the High court next month, with a very sound defense that we are very confident of winning, due to a breach of one of these conditions of use.
Who's to say they dont just leave a reading on the gun from some other poor sucker and use it on the next guy.....the quota system they follow can throw up some dodgy practices .... :ar15:
So, were you speeding? How fast they get you at?

[spudchucka]

Yes spud but the $4500 fine and 3 months jail are for 3rd and subsequent offences are they not?
I was under the impression that 6 mnths and a monetary fine was mandatory penalty for dangerous, but jail time and a HUGE fine were for further offending?
I don't think there is a step up in penalties for 3rd & subsequent dangerous driving convictions. Not like there are for disqualified and drink driving offences anyway.

It pretty much goes without saying that you won't get jail and the maximum fine for your first offence though. Unless you are unlucky enough to get the hanging judge; but there aren't stuff all of them around these days.

The legislation does say however that a minimum of six months disqualification is mandatory.

The relevant section is below.


35.Contravention of section 7, or section 22 where no injury or death involved—




(1)A person commits an offence if the person—


(a)Operates a motor vehicle recklessly on a road; or


(b)Drives or causes a motor vehicle to be driven on a road at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person; or


(c)Without reasonable excuse, contravenes section 22 by failing to stop and ascertain whether any person has been injured, after an accident where no other person has been injured or killed.


(2)If a person is convicted of an offence against subsection (1),—


(a)The maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and


(b)The court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.


(3)The imposition of a mandatory disqualification under this section is subject to section 81.

[Da Bird]

They don't have to show you the readout but it is considered best practice to lock the speed reading and show the driver if they wish to see it. There is no law, rule or policy that says the police must show the reading when requested.

If it was a case of the speed reading being the result of a patrol car following the target car then there would be no reading to show the driver any way as it is taken from the police vehicles own speedo.

Bang on Spud. Couldn't have put it better myself.

[Lias]

I've met some decent cops over the years, infact more decent ones than assholes, but I still find myself thinking of all coppers as pigs/filth, because as someone above said the assholes ruin it for the majority.

And I dont care how cliched it is, coppers are always there when you dont need em, and never there when you do.

[Dodgyiti]

I've met some decent cops over the years, infact more decent ones than assholes, but I still find myself thinking of all coppers as pigs/filth, because as someone above said the assholes ruin it for the majority.

And I dont care how cliched it is, coppers are always there when you dont need em, and never there when you do.

Treat people how you wish to be treated yourself
If they treat you worse, then walk away on the higher moral road [ the ashfelt is smoother anyways]

[onearmedbandit]

Last year I was caught at 173km/h in a 100 zone, 6mths loss of licence and $600 plus court costs. It was a fair bust, road conditions were excellent, visability was excellent and there was no other traffic. However, I wasn't arrested. So is being arrested at the discretion of the officer? Does the fact he told me he had just knocked off and heading home (rural cop, took police car home) mean he couldn't be bothered arresting me? Just curious 'tis all.

[Hitcher]

Hi there, I was interviewed by a police officer the other week regarding speeding....

Now he was sitting in front of me and said "Do you know what speed you were doing?" I anwsered "about 140" he said that he clocked me at 185, I said no way was I doing that speed, and that I was going no faster than 140.
I hate incomplete stories. What happened next? Did he ticket you for 185kmh, 140kmh or did he split the difference? If he ticketed you for more than 140kmh, are you planning to contest the ticket? What did "clocking" involve -- laser gun, radar or speedo check?

[StoneChucker]

This seriously scares the crap out of me :confused: It's almost hard to believe that I could quite possibly be ARRESTED, taken to the station and processed for speeding. I on occasion open it up in the middle of nowhere, to speeds which could have consequences of the above!

Do you have to spend the night in jail? Or do they just process and release you? Who picks up your bike from where you got caught? And do you get a private cell (has it got tv? ;))

Dave
PS: I don't wanna go to jail, I'm fragile!!!

[igor]

Hi there, I was interviewed by a police officer the other week regarding speeding....

Now he was sitting in front of me and said "Do you know what speed you were doing?" I anwsered "about 140" he said that he clocked me at 185, I said no way was I doing that speed, and that I was going no faster than 140.

Question, should he offer proof of the speed he got me at?

I feel I was not going that fast.

the charge u may be facing is exceeding 100kmh, not the speed140 or 180 or 322kmh , that is a factor

you admitted doing 140km, so ya firked.

they got the calibrated speed measuring device

haha

wot a duffus

[flyin]

This seriously scares the crap out of me :confused: It's almost hard to believe that I could quite possibly be ARRESTED, taken to the station and processed for speeding. I on occasion open it up in the middle of nowhere, to speeds which could have consequences of the above!

Do you have to spend the night in jail? Or do they just process and release you? Who picks up your bike from where you got caught? And do you get a private cell (has it got tv? ;))

Dave
PS: I don't wanna go to jail, I'm fragile!!!


yeah m8 they are gunna throw u in with the soddomites!! :buggerd:

nah they jst process you and send ya out on your way. reall bugger when th station is twice as far to walk from as where u got stopped! :doh: !
you have to wait for a while in the communal cell for a lil while if there a bundle of drunkards in tho cos they like to get them out of the way first!?!?!

they leave ur passenger(s) (if u were in a cage) on th side of th road to walk.......

[spudchucka]

Last year I was caught at 173km/h in a 100 zone, 6mths loss of licence and $600 plus court costs. It was a fair bust, road conditions were excellent, visability was excellent and there was no other traffic. However, I wasn't arrested. So is being arrested at the discretion of the officer? Does the fact he told me he had just knocked off and heading home (rural cop, took police car home) mean he couldn't be bothered arresting me? Just curious 'tis all.
It can be dealt with by arrest or summons. You'll find where legislation gives a power to arrest it is usually worded, "may arrest without warrant", or words similar to that. Whether to arrest or not is up to the cops discretion, same as whether to issue a ticket or not. There are some offences where arrest is the only appropriate action, ie: you wouldn't generally summons someone for murder.

[spudchucka]

This seriously scares the crap out of me :confused: It's almost hard to believe that I could quite possibly be ARRESTED, taken to the station and processed for speeding. I on occasion open it up in the middle of nowhere, to speeds which could have consequences of the above!

Do you have to spend the night in jail? Or do they just process and release you? Who picks up your bike from where you got caught? And do you get a private cell (has it got tv? ;))

Dave
PS: I don't wanna go to jail, I'm fragile!!!
You wouldn't spend the night in jail unless you killed someone in the process of driving dangerously or you had outstanding court issued warrants etc. You would be arrested, fingerprinted, photographed and then released on police bail to appear in the local court. If the charge was a result of speed your licence will be toast so you would have to make your own arrangements to uplift the bike.

[marty]

To the best of my knowledge they are required to show you the speed that you are accused of. There are a number of required conditions that must be followed by the police when using these devices, and if you were caught with laser or radar, any breach of these can be a defense.
I am due to fight one in the High court next month, with a very sound defense that we are very confident of winning, due to a breach of one of these conditions of use.
Who's to say they dont just leave a reading on the gun from some other poor sucker and use it on the next guy.....the quota system they follow can throw up some dodgy practices .... :ar15:

defending it in the HIGH court? i don't think so. maybe appealing a conviction after being convicted in a lower court, but the HC won't hear you try to defend a speeding ticket on a technicality. it is simply just not in their jursidiction. a speeding ticket cannot be laid indictably. in fact, even the district court is unlikely to hear it - more than likley it will be community magistrates only (2 x JP's). and i suggest you read section 204 of the Summary Proceedings Act 1957 before you start your early celebrations.:ar15: :ar15:

[scumdog]

defending it in the HIGH court? i don't think so. maybe appealing a conviction after being convicted in a lower court, but the HC won't hear you try to defend a speeding ticket on a technicality. it is simply just not in their jursidiction. a speeding ticket cannot be laid indictably. in fact, even the district court is unlikely to hear it - more than likley it will be community magistrates only (2 x JP's). and i suggest you read section 204 of the Summary Proceedings Act 1957 before you start your early celebrations.:ar15: :ar15:

Specially as we just got some mail saying it is not mandatory to show the reading but is a courtesy and MAY reduce attempts at not guilty pleas.