Speeding ticket. Do I have grounds to contest this??

**mattian** · 29th April 2008, 08:12

G'day folks. Newbie rider here on my restricted licence. I was out on a ride yesterday(Monday) on the Shore. I should point out at this point that my speedo isnt working at the moment due to an unfortunate accident with my disc lock. Waiting for a replacement cable and my method for riding without a speedo is to keep a safe following distance while keeping up with the flow of traffic.
I was coming around a very gently curving corner while keeping pace with the car in front of me. Coming in the opposite direction was an unmarked police car. I saw him pull over in my mirrors and I thought (he is going to pull me over..... I just know it) Sure enough, about 100 metres down the road I got the flashing blue and reds. pulled over and as soon as he got out of the car had already started writing me a ticket !! I asked him, how fast did he think I was going because my speedo isnt working and he said that I took the corner at around 65kph. I checked my ticket and it says (Allleged speed) 65.
Do I have grounds to have this ticket dismissed? he didnt have a fixed reading with a radar gun, nor was he pacing me from behind.

I would appreciate any feedback!!

"Look out for grey cars on a grey day with no headlights on"

**kiwifruit** · 29th April 2008, 08:21

What was the posted speed limit?
Speedo not working is no excuse (correct me if i'm wrong), i think you need a working speedo to be up to W.O.F standard(?)

**Mully** · 29th April 2008, 08:26

Originally Posted by kiwifruit

What was the posted speed limit?
Speedo not working is no excuse (correct me if i'm wrong), i think you need a working speedo to be up to W.O.F standard(?)

Yep. He probably could have done you for driving a vehicle not up to WOF standard.

Unless you can prove you were on your way to have the speedo fixed, I think you are out of luck.

**mattian** · 29th April 2008, 08:26

The speed limit is 50. The bike was warranted before the speedo cable broke. Yeah, I knew that wasn't an excuse when I mentioned it to the officer....... frankly, I don't even think he believed me.

**bobsmith** · 29th April 2008, 08:28

Yeah what was the speedlimit? I think doing 65 in 50km/hr area is $80 fine and 20 demerit points.. Which is better than $200 fine and 0 demerit points for not being up to WOF standard depending whether you're worried more about fine or the demerit points. Of course if you told him you were doing 50km/hr and they didn't have clear speed reading on your speed it would have been $0 fine and 0 demerit points. I'm gussing it would be hard getting off this one since you told him you thought you were doing about 65 and your speedo wasn't working.

**PrincessBandit** · 29th April 2008, 08:30

Mmmm, sorry but I think kiwifruit is right. I've snapped 2 speedo cables on my GN in the past (not from run ins with my disc lock either). On the occassions I had to ride with no working speedo I followed the readings from my rev counter as a guide to my speed rather than the flow of the traffic. I have often wondered what the conflict would be between a posted speed limit and the excuse of "but I was travelling with the flow of the traffic". Technically there shouldn't be any because if your speed matching the status quo is above the speed limit you're still "speeding" - it just comes down to who gets pulled over I guess, and it was obviously not your lucky day.

**kiwifruit** · 29th April 2008, 08:32

The point of trying to "get off" a ticket is usually due to feeling the ticket isn't justified (you weren't doing the alleged speed or whatever) ... you admit to the "offence" so it seems you are looking to get off without good reason. IMHO of course.

**Mully** · 29th April 2008, 08:34

Originally Posted by PrincessBandit

I've snapped 2 speedo cables on my GN in the past

Yeah, GNs will do that. I think it's the horsepower or something.

**mattian** · 29th April 2008, 08:34

Originally Posted by bobsmith

Yeah what was the speedlimit? I think doing 65 in 50km/hr area is $80 fine and 20 demerit points.. Which is better than $200 fine and 0 demerit points for not being up to WOF standard depending whether you're worried more about fine or the demerit points. Of course if you told him you were doing 50km/hr and they didn't have clear speed reading on your speed it would have been $0 fine and 0 demerit points. I'm gussing it would be hard getting off this one since you told him you thought you were doing about 65 and your speedo wasn't working.

Oh, I never told him I was doing 65. I asked him "what speed did he think I was going?" as my speedo isnt working. My main issue is, he was travelling in the opposite direction and passing me on a corner so, we only saw each other very briefly. It seems to me like he was only "guessing" my speed around that corner.

**vifferman** · 29th April 2008, 08:36

I think you missed your opportunity to get off this. When you were pulled up, you needed to effectively appeal to the oroficer on the basis of your speedo being broken so you were relying on the car in front going at the right speed, and just keeping pace with him/her. If he didn't buy it, you have to just suck it up.

**mattian** · 29th April 2008, 08:43

Originally Posted by vifferman

I think you missed your opportunity to get off this. When you were pulled up, you needed to effectively appeal to the oroficer on the basis of your speedo being broken so you were relying on the car in front going at the right speed, and just keeping pace with him/her. If he didn't buy it, you have to just suck it up.

Yep, you're right. I do need to suck it up..... I will pay it now after reading all of your posts so far. Thanks alot peoples. It just seems to me that, they really dont have to have any "evidence" of your speed to write you a ticket. He didnt have a radar gun and he wasn't pacing me either..... he just passed me in the opposite direction on a corner. It just seems like his grounds to write me a ticket is a little debateable. Anyways, I'll pay it.

**Nasty** · 29th April 2008, 08:43

Originally Posted by mattian

Oh, I never told him I was doing 65. I asked him "what speed did he think I was going?" as my speedo isnt working. My main issue is, he was travelling in the opposite direction and passing me on a corner so, we only saw each other very briefly. It seems to me like he was only "guessing" my speed around that corner.

Did you ask to see his machine (not being rude here). They generally don't guess - being that no evidence means they can't really charge you. It is your responsbility to ensure that your vehicle remains in a warrentable state and you don't use it if you don't. Seems harsh that you are responsible but life sucks like that.

**pritch** · 29th April 2008, 08:49

I think your basic error was mentioning that the speedo didn't work.
You now can't argue with whatever the cop decided your speed was.

In the circumstances a flat out denial may have served you better, not that I would ever suggest people tell lies.

Sometimes the officers like to play little games, they will ask what speed you thought you were doing, any answer except the speed limit or below is the wrong answer.

This isn't theory, I have experienced this, so have friends.

A recent variation I encountered was, "I thought you were doing 120 here what would you say to that?"

The right answer was along the lines, "Nooooo, never!"
If I'd said, "I don't know, my speedo isn't working."
That'd likely have cost me more than just a new speedo...

**yod** · 29th April 2008, 08:57

Originally Posted by mattian

Yep, you're right. I do need to suck it up..... I will pay it now after reading all of your posts so far. Thanks alot peoples. It just seems to me that, they really dont have to have any "evidence" of your speed to write you a ticket. He didnt have a radar gun and he wasn't pacing me either..... he just passed me in the opposite direction on a corner. It just seems like his grounds to write me a ticket is a little debateable. Anyways, I'll pay it.

no, you're right

they don't need evidence of anything really - if they feel like busting you for something then they can - their word is basically good enough

pain in the ass i know