Busted? Help!

[Rashika]

2 of us just lost our licences. passed an undercover car at 142 ( radar reading )
instant 28 day loss of licence + fines ( $510 )

dont tell us, we know. we are bad boys.

wondering if it is ok to book both of us on 1 radar reading???

Pm scumdog, he will prob be able to answer your query.

[fireliv]

Give your local Community Law a call. Free legal advice and all that, but I dont like your chances.

Bear in mind that if you take this to court and fail there will be an extra $30 (infringement)-$130(criminal charge) added in court costs

[Maha]

Your mate wasn't Niko was it? Black VTR 1000?
I see its for sale and hes just signed up and is from your neck of the woods...

[Mikkel]

I say fight it as well! If he only measured the speed of one bike he can't book two down. You have rights - a guesstimate is not good enough for issuing demerit points, fines and disqualifications. (At least I don't hope so, because if so then Kiwis need to stand up and speak out for their civil rights!)

Well its gotta suck being you at the moment
Sorry to hear you lost your license, did they take the bikes, i believe they can if your doing more than 40 k over
Unfortunatly it could happen to most of us at one time or another. Three months wont take long, still sucks though

They can not impound your vehicle unless you're driving while disqualified I believe.

[jimbo600]

Pm scumdog, he will prob be able to answer your query.

+1 on that. Scummy is a right good bastard and will give you primo advice. Only if you PM him though.

I'd be taking it to court anyhow though.

[hospitalfood]

Your mate wasn't Niko was it? Black VTR 1000?
I see its for sale and hes just signed up and is from your neck of the woods...

that would be telling

[slopster]

Surely if one of you was going 142 the other was going slower it might be 141 or it might be 130 but it wouldn't be fair to do you both for 142 just because one of you was doing that speed. And unless one of you was obviously going faster then the other you can't say who was doing 142.

Don't know what happens legally though. How the fuck did you not notice you were passing a mufti?

[FROSTY:Me]

probably 2 bikes 1 cop 2 SEPERATE court cases. One of ya is going down for definite--the first one in court probably.
If first up successfully defends it then he's just nailed his mate up good --It has to be one of ya

[hospitalfood]

Surely if one of you was going 142 the other was going slower it might be 141 or it might be 130 but it wouldn't be fair to do you both for 142 just because one of you was doing that speed. And unless one of you was obviously going faster then the other you can't say who was doing 142.

Don't know what happens legally though. How the fuck did you not notice you were passing a mufti?

I was asleep, I may have been drunk to......(not)

[hospitalfood]

probably 2 bikes 1 cop 2 SEPERATE court cases. One of ya is going down for definite--the first one in court probably.
If first up successfully defends it then he's just nailed his mate up good --It has to be one of ya

think I will wear it if its one of us

[Deviant]

Technically, they would have to prove which one of you was speeding, but practically, if you both passed at the same time same speed, that's enough for the JP to say "We'll use the reading of person you were keeping up with as a guage to how fast you were going. He was doing 142, you were keeping up, so you were also doing 142".

I think they will get away with it too.

[swbarnett]

think I will wear it if its one of us

I don't see why it has to be one of the other. If they can't say which one of you they locked then surely they can't charge either of you.

That would be like saying "I know one of you killed my brother so I'm going to take revenge on both".

There's another issue here. The legal barrier for suspension purely on speed is 140kph I believe. Someone correct me if I'm wrong but doesn't it say in law that your speedo only has to be accurate to within 10%? If that is true you could quite legitimately claim to have thought you were only doing 130kph with doesn't carry an automatic suspension.

[Mikkel]

There's another issue here. The legal barrier for suspension purely on speed is 140kph I believe. Someone correct me if I'm wrong but doesn't it say in law that your speedo only has to be accurate to within 10%? If that is true you could quite legitimately claim to have thought you were only doing 130kph with doesn't carry an automatic suspension.

Allow me to be the devils advocate here.

"But if you were intentionally doing 130 km/h then you are intentionally in violation of the road code. Whether you misjudge the extent to which you are breaking the law can not be the legal systems problem..." As such that argument could well be dismissed by the judge.

Even then, if they eat the argument and decide they need evidence you better hope that the speedo doesn't indicate higher (as is the common thing) but lower than the travelled speed.

Tentative at best - but everything is worth a shot.

I'd be more tempted to go the other way and ask for meterological certificates indicating the statistical error on the radar gun in question. If the standard deviation is larger than 2 km/h you have a pretty strong case right there for retaining your licenses! If it is less than 2 km/h but larger than 0.4 km/h you might still be able to use the argument.

Were you stopped by a highway patrol, a mufty or a normal police car? Was the car coming towards you, tailing you or did you pass it?

[swbarnett]

Allow me to be the devils advocate here.

"But if you were intentionally doing 130 km/h then you are intentionally in violation of the road code. Whether you misjudge the extent to which you are breaking the law can not be the legal systems problem..." As such that argument could well be dismissed by the judge.

But <140kph and >=140kph have different penalties so surely need to be treated as different charges? The synic in me says you're probably right though.

Even then, if they eat the argument and decide they need evidence you better hope that the speedo doesn't indicate higher (as is the common thing) but lower than the travelled speed.

I hadn't thought of them actually testing your speedo. Does make sense.

[Soul.Trader]

As I understand it, your speedo only has to be accurate within 10% for the purposes of your vehicle being road legal. That doesn't mean you're not accountable for the speed you were going, regardless of what your speedo says.