Speeding ticket - getting off on a technicality

**spudchucka** · 29th May 2006, 13:00

Originally Posted by kiwifruit

Take it court, do everything you can to make the process as difficult as possible for them.

Taking dickheads to court is their job, why do you think that one more dickhead is going to make any difference? Its just a case of same shit, different arsehole.

**Str8 Jacket** · 29th May 2006, 13:01

Originally Posted by glegge

well after consideration, i think i'll write a letter saying 'why are you pursuing me when my details clearly do not match. please cease and desist' and 'do you have anything else apart from this useless document that does not identify me, to identify me as the driver?'

see what happens ay.

Your done for. They've declined it once for a reason. Basically like ive said before, they have your rego correct, your name correct and your DOB correct. They arent to worried about gender as males are becoming females in this country faster than you can say cun.. ah trust me you were pulled over, your screwed. Not to mention they will have your licence number. Your screwed mate. Write the letter and good luck with it, but if I were you id be putting some money aside to pay it... Either way be prepared to pay it. I wouldnt insist that you try and get a hearing either, the judge wil laugh at you!

Sorry if this sounds bitchy, ive just seen it all too many times. I used to collect fines over the phone a couple of years back and everytime someone had been pulled over and tried to contest the fine based on incorrect details on the ticket they've been charged more than they would have if they had just paid the bloody fine...

**spudchucka** · 29th May 2006, 13:04

Originally Posted by glegge

I do see your point str8 jacket but what if i'm not trying to waste there time and genuinely believe that they should get there paper work right. ? surley it's a fair defence.? some integrity must play a part somewhere...?

You were stopped by a cop, you provided the cop with your drivers licence, the cop recorded the drivers licence number and your name on the ticket that he handed you, the drivers licence number records all the relevant details of your identity, what difference does it make whether the cop wrote down whether you were a fella or a sheila? Other than he has now provided you false hope?

**spudchucka** · 29th May 2006, 13:05

Originally Posted by kiwifruit

ive had a bit of experence with getting raped by the cops

Not Clint again?

**spudchucka** · 29th May 2006, 13:07

Originally Posted by kiwifruit

go and lay a complaint with the guys boss and the police complaints authority

Yeah, do it, that'll fuck em!

**Dooly** · 29th May 2006, 13:08

Originally Posted by The_Dover

Is that you Louise?

Excellent.

**ajturbo** · 29th May 2006, 13:10

Originally Posted by Sniper

You were caught speeding but you think its unfair you got a ticket? Looking for a way out just cause the gender is wrong? Mate, I would pay even if they had my name wrong, you were caught, pay the ticket. The guy was only trying to keep the road safer for the rest of us

CRAP......!

**scumdog** · 29th May 2006, 13:12

Originally Posted by kiwifruit

11 km/h over?! Fuckin wankers!!!
Take it court, do everything you can to make the process as difficult as possible for them.
What did they use to ping you?
Was it a car setup? when was the car calibrated? how worn were the tyres?
Its such a waste of time ticketing vehicles travelling such a small amount over,
i wouldnt take it lying down, but thats just me.....
Let us know how u get on
-Allan.

And this action has worked for YOU how many times???

**kiwifruit** · 29th May 2006, 13:16

Originally Posted by spudchucka

Yeah, do it, that'll fuck em!

its fucked em in the past

id be more inclined to go the route of making them prove the accuracy of the equipment. Worked for me.
I dont want to piss anyone off, just putting my spoke in with what has worked for me.

**kiwifruit** · 29th May 2006, 13:19

Originally Posted by scumdog

And this action has worked for YOU how many times???

Over half of the dozens of speeding tickets i have recieved have been desputed sucessfully

**scumdog** · 29th May 2006, 13:21

Mate, I've NEVER seen a speeding ticket that required a box ticked to indicate gender.

All it needs is everything you say they did correctly - you just have to be 'fairly informed'
It was you? your drivers licence number? your date of birth? you were 'driving' that vehicle as described on the ticket? on that road on that date and time? at that speed?

They don't need to circle the demerit points or put in 'occupation' either.

If all the above can be answered 'Yes' then just pay up.

This site has too many 'bush-lawyers' who give free advice.

If you follow that advice and things go wrong and you end up on the losing end of a Court battle will they pay the costs??

"I don't think so Tim"

**spudchucka** · 29th May 2006, 13:23

Originally Posted by kiwifruit

id be more inclined to go the route of making them prove the accuracy of the equipment.

Certificate of accuracy, exhibit one your honour.

**scumdog** · 29th May 2006, 13:24

Originally Posted by kiwifruit

Over half of the dozens of speeding tickets i have recieved have been desputed sucessfully

Sorry, my error, not specific enough! - I was meaning using this 'gender' thing as a defence as opposed to a real defence.

**Ixion** · 29th May 2006, 13:27

They are under no obligation to specifiy your gender. The law is

Land Transport Atc 1998

1)A reminder notice may be in a form prescribed by regulations made under this Act or by regulations made under the Summary Proceedings Act 1957, but, if the form is prescribed under this Act, the reminder notice must contain—

(a)Such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
(b)In the case of a speeding offence, the applicable speed limit and the speed at which it is alleged the driver was travelling at the time of the alleged offence; and
(c)In the case of an offence to which demerit points apply, a statement that demerit points apply to the alleged offence; and
(d)In the case of an infringement offence (other than a speeding offence) in respect of which a scale of infringement fees is prescribed having regard to the extent of the alleged offence, the extent of the infringement offence alleged; and
(e)The amount of the infringement fee specified in respect of that offence; and
(f)The address of the place at which the infringement fee may be paid; and
(g)The time within which the infringement fee may be paid; and
(h)A summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
(i)In the case of an alleged infringement offence that is a moving vehicle offence, a summary of the provisions of section 133; and
(j)A statement of the right of the person served with the notice to request a hearing; and
(k)A statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing; and
(l)Such other particulars as are prescribed.

They have to provide you with sufficient information for you to be able to determine if it was you that they are talking about or not.That's all. What is above is all the reminder has to contain. Doesn't say they have to specify your gender.

Even if you had not been stopped, your only hope on the flimsy basis of omitting gender from the reminder notice (and gender is not required on the actual infringment notice, so its absence of the reminder is entirely irrelevant) would be if you had an twin sister living at the same address. Though even then as (presumably) owner of the vehicle , they'd get you. Anyway , as you were stopped at the time the odds of convincing a judge that you thought the police were mistaken and it was someone else are zero.

Sorry, but they got you dead to rights. Not a great enthusiast of the 111kph thing , but it's pointless to pin your hopes on an omission that is not material