Speeding ticket advice?

**FROSTY:Me** · 16th January 2013, 21:14

hey guys I'm all for the whole do the crime -do the time thing. But I have to ask a strictly legal type question.
If ou are pulled over by a patrol car for a speeding offence and you Quite specifically request to sight the speed reading.
If the officer is unuable to show you the locked radar,speedo etc where do you stand legally.
The specific situation was that i was on the motorway in the "fast" lane and a car was in front doing 90-95 km/h.
After following for a distance with no sighn of the other driver pulling over I pulled left and accellerated to 110-115km/h-Mrs kaz was beside me and noticed the speed. Local patrol car was following -pulled us over and claimed I was doing 127 km/h.
I said nope maybee 115 during the overtake but no more. Can I see the locked speedo reading. officer said nope I unlocked it after locking at 127 "I dont lie"
Again hey no question it was a fair cop at 110 maybee 115 but not 127.

**Gremlin** · 16th January 2013, 21:34

I don't believe a cop is required to show you the reading.

I use a GPS as an independent third party...

**Road kill** · 16th January 2013, 21:45

It makes no difference to anything if you see the read out or not.

People have probably got off tickets because the cop couldn't prove his case in the face of some really cunning lawyer,,,but inless your name is Bob Jones or Sir some other such cunt it just becomes the cops word against the yours,,,,so your fucked aye.

**PeeJay** · 16th January 2013, 21:54

Originally Posted by FROSTY

hey guys I'm all for the whole do the crime -do the time thing. But I have to ask a strictly legal type question.
If ou are pulled over by a patrol car for a speeding offence and you Quite specifically request to sight the speed reading.
If the officer is unuable to show you the locked radar,speedo etc where do you stand legally.
The specific situation was that i was on the motorway in the "fast" lane and a car was in front doing 90-95 km/h.
After following for a distance with no sighn of the other driver pulling over I pulled left and accellerated to 110-115km/h-Mrs kaz was beside me and noticed the speed. Local patrol car was following -pulled us over and claimed I was doing 127 km/h.
I said nope maybee 115 during the overtake but no more. Can I see the locked speedo reading. officer said nope I unlocked it after locking at 127 "I dont lie"
Again hey no question it was a fair cop at 110 maybee 115 but not 127.

No requirement to show you anything.
The proof that you were speeding at 127km/hr is simply he said you were, end of story.
In this case you are accused and assumed guilty. You want to get off you have to prove your innocence, or cast serious doubts on the officers accusation. The state/police dont have to prove your guilt.
At the end of the day it comes down to his word against yours.
And in the grand scheme of things your word counts for very little.
Unless you can come up with something to show the cop may have been "mistaken", eg gps logs, TV crew happened to be filming nearby you dont have a show.
If you take it to court and accuse him of lying you better be able to back it up.
End result, another pissed off person whose respect for the police drops a notch.

**Berries** · 16th January 2013, 22:57

Originally Posted by FROSTY

Local patrol car was following -pulled us over and claimed I was doing 127 km/h.

If I am going to undertake at 130km/h I'll check the mirrors first for any plain Holdens or 'cars of interest'.

If I really was only doing 110 then I'd argue it but one person against a sworn officer isn't going to work unless some lawyer finds a bit of previous on him. And if you have previous speeding offences on your licence then I'd say suck it up. How many times have you got away with 160km/h plus?

**Edbear** · 17th January 2013, 06:23

A. GPS records max speed so a good witness. Only make sure you zero the record before each trip of you have gone too fast or it may be used in evidence against you.

**FJRider** · 17th January 2013, 06:34

If you choose to fight it and take it to court ... the judge will choose between taking your word or the Cops. If you admit to "exceeding the posted speed limit" ... which is the minimum, and with you asking to see the readout (and refused) would be most likely.
However ... the likely fine will NOT be the same as if the Cop had issued a ticket for that traffic infringement. It would probably end up a lot more than the one he DID issue ... especially with costs added.
Pay the fine and moan here on KB. It will be the cheaper solution.

But YOUR choice though ...

**davereid** · 17th January 2013, 06:40

No locked reading = reasonable doubt.

There are several previous decisions by the courts about this.

Police v McHerron Sept 2004 is the latest, and it was based on a previous high court decision.

Unless the policeman has other evidence - like he asked you why you were speeding and you answered in a manner that could be taken to be a confession, the ticket is junk. Unfortunately, admitting to 115 may put you in this category.

However, don't write to the police about. The place to dispute tickets is a court room.

**caspernz** · 17th January 2013, 08:53

Meh, this story would be better if the slow car in the fast lane was a mufti unit to elicit said behaviour from an impatient driver coming up behind. You took the bait...

Sadly the boys in blue don't need to invent tactics to achieve their quota, for there's so many of us out there just waving that 'nab me' flag, including me on the odd occasion...

**rastuscat** · 17th January 2013, 10:21

Originally Posted by davereid

No locked reading = reasonable doubt.

There are several previous decisions by the courts about this.

Police v McHerron Sept 2004 is the latest, and it was based on a previous high court decision.

Unless the policeman has other evidence - like he asked you why you were speeding and you answered in a manner that could be taken to be a confession, the ticket is junk. Unfortunately, admitting to 115 may put you in this category.

However, don't write to the police about. The place to dispute tickets is a court room.

Lots of defended tickets since 2004. That must have been a really good decision, to be the latest.

Absolutely agree, the place to argue tickets is the court, not the Popo, and not KB.

**Scuba_Steve** · 17th January 2013, 10:32

legally the cops has to prove your guilt, they way our corrupt system works you have to prove innocence
If all you want to do is lower your speed usually courts are pretty easy with that most time you don't even have to show just a write in. They want a "success" so they can move up the corruption ladder they don't really care the value of "success".
But if you want to lower it just goto court accept that you were "speeding" but argue that the numbers too high, give your number & usually the cop there will accept it making it even easier again cause then there's an agreement & the judge just has to go 'OK' rather than make a decision.

**kiwifruit** · 17th January 2013, 11:07

I've gotten off tickets like this before. It can be a bit of work but quite doable.

**Banditbandit** · 17th January 2013, 11:11

Most of the above ... the best you will be able to do is convince the courts that your were only doing 115 - which wil be a lower fine and fewer demerit points ...

But what were you doing??? Didn't you check the rearview mirror before accelerating !!!!