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Thread: Injustice.. help?

  1. #1
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    Injustice.. help?

    Bear in mind this was like 11pm at night on a weekday. The only other vehicles on the road were the police involved.

    There I was pootling along and a cop A (unmarked) pulls out behind me and starts to pull me over - fair cop I'm thinking at this stage.. I was a little over the speed limit after not slowing instantly down from an 80k zone. I was under 70km/h and probably doing 65.

    As I'm slowing down I go past cop B as well. I pull over into a side street just past cop B (highway patrol)..

    I get off the bike and start talking to cop A. Cop B turns on the disco lights and comes over as well. He then tells the younger cop A "I've got this one mate" so cop A gets back in his car and leaves.

    Cop B then gives me the reaming for as speed I wasn't doing. Originally he claimed I was doing 72 or 73 but then wrote a ticket for 80km/h.

    My guess is cop B had the rear radar on Cop A coming up behind me by mistake as he would obviously have been going faster. Or somehow he's got me way up the road in the 80km/h area. I dunno but he clearly though he was right and I was a danger to society.

    Is there a way I can get hold of the reading from the original guy who pulled me over? Cop A's reading should be higher than cop B by heaps if cop B is to be believed. I expect it would match my version of events.


    I'm happy to pay and take the points for what I was doing (~65km/h) but greater than 20km/h over is arse.

    What's the best way to argue the case to fine me for the correct speed? (I don't actually care about getting off I just want the appropriate fine and points for what I did).

    Any suggestions (via PM if you prefer) from lawyers or KB bike cops would be appreciated.

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  3. #3
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    You cannot be ticketed with 250m of a speed limit change - unless you were doing in excess of the higher speed limit you just came from.

    Ie. you can not get ticketed for 60-80kph in a 50 zone if you are within 250m of just coming out of an 80 zone.

    Its on the police website.
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    Wasn't me officer, honest, it was that morcs guy.
    Quote Originally Posted by Littleman View Post
    Yeah I do recall, but dismissed it as being you when I saw both wheels on the ground.
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  4. #4
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    Quote Originally Posted by Morcs View Post
    You cannot be ticketed with 250m of a speed limit change - unless you were doing in excess of the higher speed limit you just came from.

    Ie. you can not get ticketed for 60-80kph in a 50 zone if you are within 250m of just coming out of an 80 zone.

    Its on the police website.
    Do you have a link to the exact page?
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    From what you saying, Disco cop sounds like he is in the wrong.. You can take it to courts or ring up the Police HQ and talk to them?

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    Quote Originally Posted by Morcs View Post
    You cannot be ticketed with 250m of a speed limit change - unless you were doing in excess of the higher speed limit you just came from.

    Ie. you can not get ticketed for 60-80kph in a 50 zone if you are within 250m of just coming out of an 80 zone.

    Its on the police website.
    OH YES YOU CAN!!!
    It's a matter of discretion, and up to the cop. Some will give none, while others may be more amenable.
    Drivers can also expect leniency in the first 250m of a lower speed zone, except in circumstances such as when road workers or children near schools need protection.
    Taken from here
    Last edited by MSTRS; 27th October 2009 at 16:46.
    Do you realise how many holes there could be if people would just take the time to take the dirt out of them?

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    Quote Originally Posted by swbarnett View Post
    Do you have a link to the exact page?
    http://www.police.govt.nz/resources/...ide/index.html

    When enforcement is taking place in an area where drivers are making the transition from a higher speed to a lower speed area, vehicles should not be targeted within 250 (two hundred and fifty) metres from the point where the speed limit changes unless there are good reasons to do so, such as protecting people operating at road works or to ensure the safety of children. (This does not apply within school zones.)
    So unless they can give a good reason, I dont think its a very valid ticket.
    Its basically a grace period, otherwise if everyone slammed on the anchors hard at exactly where a speed limit drops from (in the extreme) 100 to a 50, there would be carnage!
    Quote Originally Posted by NinjaNanna View Post
    Wasn't me officer, honest, it was that morcs guy.
    Quote Originally Posted by Littleman View Post
    Yeah I do recall, but dismissed it as being you when I saw both wheels on the ground.
    Quote Originally Posted by R6_kid View Post
    lulz, ever ridden a TL1000R? More to the point, ever ridden with teh Morcs? Didn't fink so.

  8. #8
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    Quote Originally Posted by Morcs View Post
    http://www.police.govt.nz/resources/...ide/index.html



    So unless they can give a good reason, I dont think its a very valid ticket.
    Its basically a grace period, otherwise if everyone slammed on the anchors hard at exactly where a speed limit drops from (in the extreme) 100 to a 50, there would be carnage!
    It's a guideline - not law but most if not all cops adhere to it.

    Sadly a lot of motorists think it works going the other way. (i.e. it's o.k. to wind up to speed anytime they are within the sign indicating and increase in speed-limit.) "I know I was doing 85 kay but I was only about 200metres from the 100 sign".
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    Quote Originally Posted by discotex View Post
    ....My guess is cop B had the rear radar on Cop A coming up behind me by mistake as he would obviously have been going faster. Or somehow he's got me way up the road in the 80km/h area. I dunno but he clearly though he was right and I was a danger to society.

    Any suggestions (via PM if you prefer) from lawyers or KB bike cops would be appreciated.
    You're probably right there. A car gives a better target reading than a bike as it gives a better reflective surface etc etc... The patrol car catching up to you is quite likely.

    You could take it to court, say nothing, and get whatever comes.... The cop might be wrong, but if he honestly believes it was you he caught on the radar, then that could be all the JP hears. Risky. If he is highways, most of them are ex MOT anyway, highly experienced.

    Or, you can write in to the bureau and explain it exactly as you have just done on here. Did the first cop have time do do a rego check on ya? If so, then there will be a log..... If not, then this mystery cop may remain just that.... a mystery.... He would be unaware of the saga that has now unfolded.

  10. #10
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    Quote Originally Posted by Morcs View Post
    http://www.police.govt.nz/resources/...ide/index.html



    So unless they can give a good reason, I dont think its a very valid ticket.
    Its basically a grace period, otherwise if everyone slammed on the anchors hard at exactly where a speed limit drops from (in the extreme) 100 to a 50, there would be carnage!
    yeah, but 250 metres is an awful lot shorter distance than you think. Most people who say "Oh I was just past the sign" are really about half a kilometre or more past.
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  11. #11
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    Thanks for the tips and PMs guys.

    Quote Originally Posted by scumdog View Post
    Sadly a lot of motorists think it works going the other way. (i.e. it's o.k. to wind up to speed anytime they are within the sign indicating and increase in speed-limit.) "I know I was doing 85 kay but I was only about 200metres from the 100 sign".
    Yeah the speed sign does suck you in a bit when you see it coming.

    As for the 250m guideline I was within that when officer A pulled me up. Officer B was stationed well down the road. Perhaps worth mentioning in any letter though..

    Quote Originally Posted by Patrick View Post
    You could take it to court, say nothing, and get whatever comes.... The cop might be wrong, but if he honestly believes it was you he caught on the radar, then that could be all the JP hears. Risky. If he is highways, most of them are ex MOT anyway, highly experienced.
    Yeah I don't really want to go in and waste everyone's time fighting it if they'll just amend the speed.

    That said he did write "car" as the type of vehicle on the ticket so what else could he have got wrong?

    Quote Originally Posted by Patrick View Post
    Or, you can write in to the bureau and explain it exactly as you have just done on here. Did the first cop have time do do a rego check on ya? If so, then there will be a log..... If not, then this mystery cop may remain just that.... a mystery.... He would be unaware of the saga that has now unfolded.
    Any idea if I can write in and still later defend it in court? Kinda seems like an either or situation.

    I've only got a couple of weeks left to write in so need to make a quick call I guess.

  12. #12
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    Quote Originally Posted by MSTRS View Post
    OH YES YOU CAN!!!
    It's a matter of discretion, and up to the cop. Some will give none, while others may be more amenable.
    Correct. Policy is not a defense.

    Quote Originally Posted by discotex View Post
    He then tells the younger cop A "I've got this one mate" so cop A gets back in his car and leaves.
    Oh, what a sweet story. They're sharing quota now?

    You could write in, but it sounds like the issuing cop is a dumb cunt who doesn't understand microwave anyway (or at the very least doesn't care) so reasoning probably won't help.

    Your only option then is a defended hearing. You have to weigh up cost and demerits.
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  13. #13
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    Quote Originally Posted by discotex View Post
    Any idea if I can write in and still later defend it in court? Kinda seems like an either or situation.
    It can be both. First, you write in. Cop to the lower speed (perhaps) but contest the rest of it. Include the 'car' reference - it goes to believeability.
    Their response letter will be the decider. If it tells you they are proceeding, then you go to court.
    Thought you'd know that?
    Do you realise how many holes there could be if people would just take the time to take the dirt out of them?

  14. #14
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    Quote Originally Posted by MSTRS View Post
    It can be both. First, you write in. Cop to the lower speed (perhaps) but contest the rest of it. Include the 'car' reference - it goes to believeability.
    Their response letter will be the decider. If it tells you they are proceeding, then you go to court.
    Thought you'd know that?
    It seemed to me that admitting to the speeding but not the speed could be considered an admission of guilt.. Just don't want to risk it.

    Why would I know already?

  15. #15
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    Quote Originally Posted by discotex View Post
    It seemed to me that admitting to the speeding but not the speed could be considered an admission of guilt.. Just don't want to risk it.

    Why would I know already?
    Deny the whole thing, if you like. You did say here that you would put your hand up to speeding, just not the amount stated on the ticket. Probably best to deny all, first up. And hope they waive the ticket. If not, your defence in court will have to be the same..."wasn't me, y'honour. twas the nasty man in the car behind me"
    If you cop to the lower speed in your letter, you admitted speeding and whatever is on the ticket will stand. Take that to court and hope the JP believes you (good luck).
    Chances are, it'll be cheaper to just pay the damned ticket, demerits an'all.
    The system is not set up to favour you...

    I thought everyone knew that was how it was?
    Do you realise how many holes there could be if people would just take the time to take the dirt out of them?

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