Speeding ticket

[matt77]

Just wondered if anyone has contested successfully a speeding ticket? I got pulled over by a cop who proceeded to tell me that I was going 71 in a 50. I want to contest this given that there is no eveidence per say - its just his word against mine, surely he has to prove that the laser was pointing at my motorcycle i.e. there has to be some sort of evidence? A few folk have told me that its not worth contesting this given that the courts will always uphold the word of a Police officer....

[Jantar]

I have defended a few speeding tickets over the years. If it comes down to just your word against the officer's then be prepared to be found guilty, pay the fine and costs. In traffic cases the onus of proof is on the defence. ie guilty until proven innocent.

To suceesfully defend a speeding ticket you need to show hard evidence for at least one of:
a) You were not speeding.
b) The officer has not correctly identified you or the vehicle.
c) You were attempting to obey the speed limit, but were still slowing down on entering a lower speed zone, or that is was unsafe to travel at the required speed (very difficult to prove)

Remember the onus of proof is on you, not on the officer.

[matt77]

OK - thanks for your reply.

Given the circumstance, I dont think I can prove (a) at all. Hands up I was speeding but the officer concerned rattled of with no evidence other than his word/recollection. I am thinking that (b) would be my only chance. Any thoughts on how best to approach this one? Would I simply not ask the courts/officer to prove that I was the offedning vehicle or take the stance that he had incorrectly identified my bike?

[Jantar]

If the ticket has the correct make/model of bike, rego number, and your name, then sorry, no chance at all.

I successfully defended a ticket on these grounds once. The cop who wrote out the ticket was not the one who claimed to see me speeding at 199 kmh. The one who claimed to see me speeding incorrectly identified the type of bike. He called ahead for other MOT officers to lookout for a black Suzuki GT750. He didn't get a rego number. I was riding a black RE5, and wasn't even on it when a cop pulled up over 30 minutes later and said "You're the bugger we're looking for." Case was dissmissed.

[matt77]

Ah, sorry. I meant is there a way that I can contest as to whether cop pointed the laser at the wrong vehicle - as in how can the cop prove, without photographic evidence, that i was the offending vehicle. He said something along the lines of "I saw you were going faster than the vehicle in front of you so I pointed the laser at you and it recorded your speed"...ok, thank you officer but how can you prove that it was my motorcyle going that fast and not the car in front - i.e. do you have a photograph

[matt77]

Ah, sorry. I meant is there a way that I can contest as to whether cop pointed the laser at the wrong vehicle - as in how can the cop prove, without photographic evidence, that i was the offending vehicle. He said something along the lines of "I saw you were going faster than the vehicle in front of you so I pointed the laser at you and it recorded your speed"...ok, thank you officer but how can you prove that it was my motorcyle going that fast and not the car in front - i.e. do you have a photograph

[Jantar]

That's just your word against his. You lose.

[XP@]

Have successfully defended on not "safe to do required speed" twice.

The first time i was being tailgated and needed to make a gap because i could see a hazzard approaching and needed to make space before it.

the second time was that i had just been hit by a 100kph cross wind and was pulling the bike up. The photo showed me almost horizontal, 2-up without a bend in site...

[Str8 Jacket]

Also be aware that if you do contest it in court and you lose you'll have to pay court costs and the judge can decide how much your fine will be on top of that. I'd say that your better of just to pay the fine but if you do contest it, good luck!

[Da Bird]

... surely he has to prove that the laser was pointing at my motorcycle He will do that in court i.e. there has to be some sort of evidence? His evidence in court will be enough A few folk have told me that its not worth contesting this given that the courts will always uphold the word of a Police officer.... yip, usually

As you have already admitted you were speeding, I think you would be wasting your money (speeding fine plus court costs plus time off work) and time trying to defend it. You can also end up looking like a right dick in front of everyone if you haven't got a good defence and the fact there is no photo is not a good one. (Lasers don't have camera's attached to them).

BC.

[Lou Girardin]

If it was at long range, you could try and introduce doubt that the laser was targeting you and not a vehicle alongside. If it was 200 - 300 metres or so, you're toast.
JP's will always believe a cop.

[idb]

It was a fair cop....you got caught bang to rights......
The poor guy is only trying to make an honest living so that he can support his wife and 2.4 kids - questioning his integrity/competence in open court would surely be too cruel!

Pay up and write a letter of apology to the cop!

Would you be the one to support his family if he was adjudged to be wrong and had his career taken off him?
Where would he find another job after being tossed out of the force?
An honest working man thrown on the scrap-heap because someone was not prepared to take responsibility for their own actions.
Where's the sensitivity, the empathy?
Is this what society has come to?
Oh, the humanity.......................................... ............

[Ixion]

It's all right, it's allright. I'm THINKING OF THE CHILDREN. Well, *someone* has to. *thinkz, thinkz, thinkz* Oww, my head hurts now. Bloody brats.