Police and their questions

[Monsterbishi]

Hi there, I was interviewed by a police officer the other week regarding speeding....

Now he was sitting in front of me and said "Do you know what speed you were doing?" I anwsered "about 140" he said that he clocked me at 185, I said no way was I doing that speed, and that I was going no faster than 140.

Question, should he offer proof of the speed he got me at?

I feel I was not going that fast.

He MUST prove to you that you were going that fast, a case has just been through the courts which hung on this fact alone, it was in the Press a few week(s) ago.

[bugjuice]

40kph over the limit doesn't sound like a lot to loose your license over.. same with 50.. but then I haven't done that, ever. ever ever.. so I wouldn't know. Wow, to think going that fast...

Anyways, I thought the cop had to show you your speed, else he/she *could* say anything, then it's your word against theirs, and who's the court going to believe? Plus, if it did go to court, then what's the proof?

[madboy]

i had similar scenario many years ago - except driving my rally car (it was street legal-ish). Pinned it off the lights, did the big wank thru 1st, then dropped it into 3rd and stopped accelerating and actually dropped in behind another car dawdling at 50-ish... okay, so it was noisy and probably looked the bit, but I wasn't actually going fast.

Local 5-0 rolls up behind me and pulls me, claiming I was doing 80 in a 50 when I left the lights. "Rally" car or not, it was only a noisy Group N 323 with a rollcage etc, so a standard gearbox. Now you tell me if a standard 323 can pull 80k in 1st gear? Don't think so batman. And when I asked to see the radar reading the helpful officer explained that he'd knocked the button when he did the u-turn and cleared it.

I was real happy, rang the infringement office the next day and asked what the story was. They told me I was welcome to defend it, and it would then come down to his word against mine. That was a lot of help - young male with extensive driving "history", driving a turbocharged 4WD rally car, etc etc etc, vs a nice young copper who would never ever tell a lie because everybody knows that a policeman would never ever tell a lie. I just paid the fine, took the points... and lowered my opinion of the 5-0 still further. It's always the bad ones that ruin it for the majority.

[Motu]

When I was a young fella I was always ready for the Cops questions,I was saving up the answer for the big day,but I think they slipped me a trick question and I passed by mistake....











The question was - ''What's Mickey Mouse's last name?''....if that flumoxed you they asked a few more questions.

[spudchucka]

Did he ping you with a speed thingee in his car?
Then he should have shown it to you when you asked to prove it.

Did he follow you at the speed he stated you were goin then stop you??
Then that could be harder to prove.

Did he use a laser gun and then you were stopped?
Again he must show it to you when he asked.

Yikes I hope I get this right or the coppers on here will go after me.....lol

They don't have to show you the readout but it is considered best practice to lock the speed reading and show the driver if they wish to see it. There is no law, rule or policy that says the police must show the reading when requested.

If it was a case of the speed reading being the result of a patrol car following the target car then there would be no reading to show the driver any way as it is taken from the police vehicles own speedo.

[dangerous]

He MUST prove to you that you were going that fast,

Anyways, I thought the cop had to show you your speed, else he/she *could* say anything, then it's your word against theirs, and who's the court going to believe? Plus, if it did go to court, then what's the proof?

No they dont....... and theres no point in going to court, ya just will not win

[spudchucka]

Well the fine between 140km and 185km would be huge...
and the amount of demirit points as well.

140Kph = $510 fine and (I think it is 40 demerits).

185Kph = Arrested for dangerous driving, court appearance, $4500 fine, 6 month disqualification, 3 months jail.

[spudchucka]

I thought that 140 + was automatic loss of licence.

Skyryder

151Kph or over will cost you your licence for 28 days. There is an ammendment going through parliament that will bring that threshold down to 41+ kph over the posted limit.

[Ramius]

not quite, what about the instant walking and go to court, whats that at, 150+

If you are doing more than 51 over, your walking.

[crashe]

Thanks Spudchucka for clarifying it all for us....much appreciated.
:spudwave:

[avgas]

dont you just hate the letters they send you after you complain.
After they put
Mr .....
23 Gumball ave
.....

[date]

they put
Dear Sir/Madam
???????????????????????????????????????

wankers
atleast sign the fucken letter you pricks - no just photocopy your signature

[grantm]

To the best of my knowledge they are required to show you the speed that you are accused of. There are a number of required conditions that must be followed by the police when using these devices, and if you were caught with laser or radar, any breach of these can be a defense.
I am due to fight one in the High court next month, with a very sound defense that we are very confident of winning, due to a breach of one of these conditions of use.
Who's to say they dont just leave a reading on the gun from some other poor sucker and use it on the next guy.....the quota system they follow can throw up some dodgy practices ....

[dangerous]

To the best of my knowledge they are required to show you the speed that you are accused of

Post #20 above mate..... from the horses mouth

[spudchucka]

Who's to say they dont just leave a reading on the gun from some other poor sucker and use it on the next guy.....the quota system they follow can throw up some dodgy practices ....

Total crap.

[gav]

To the best of my knowledge they are required to show you the speed that you are accused of. There are a number of required conditions that must be followed by the police when using these devices, and if you were caught with laser or radar, any breach of these can be a defense.
I am due to fight one in the High court next month, with a very sound defense that we are very confident of winning, due to a breach of one of these conditions of use.
Who's to say they dont just leave a reading on the gun from some other poor sucker and use it on the next guy.....the quota system they follow can throw up some dodgy practices ....

So, were you speeding? How fast they get you at?