Police and their questions

[spudchucka]

Yes spud but the $4500 fine and 3 months jail are for 3rd and subsequent offences are they not?
I was under the impression that 6 mnths and a monetary fine was mandatory penalty for dangerous, but jail time and a HUGE fine were for further offending?

I don't think there is a step up in penalties for 3rd & subsequent dangerous driving convictions. Not like there are for disqualified and drink driving offences anyway.

It pretty much goes without saying that you won't get jail and the maximum fine for your first offence though. Unless you are unlucky enough to get the hanging judge; but there aren't stuff all of them around these days.

The legislation does say however that a minimum of six months disqualification is mandatory.

The relevant section is below.

35.Contravention of section 7, or section 22 where no injury or death involved—




(1)A person commits an offence if the person—


(a)Operates a motor vehicle recklessly on a road; or


(b)Drives or causes a motor vehicle to be driven on a road at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person; or


(c)Without reasonable excuse, contravenes section 22 by failing to stop and ascertain whether any person has been injured, after an accident where no other person has been injured or killed.


(2)If a person is convicted of an offence against subsection (1),—


(a)The maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and


(b)The court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.


(3)The imposition of a mandatory disqualification under this section is subject to section 81.

[Da Bird]

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.

Bang on Spud. Couldn't have put it better myself.

[Lias]

I've met some decent cops over the years, infact more decent ones than assholes, but I still find myself thinking of all coppers as pigs/filth, because as someone above said the assholes ruin it for the majority.

And I dont care how cliched it is, coppers are always there when you dont need em, and never there when you do.

[Dodgyiti]

I've met some decent cops over the years, infact more decent ones than assholes, but I still find myself thinking of all coppers as pigs/filth, because as someone above said the assholes ruin it for the majority.

And I dont care how cliched it is, coppers are always there when you dont need em, and never there when you do.

Treat people how you wish to be treated yourself
If they treat you worse, then walk away on the higher moral road [ the ashfelt is smoother anyways]

[onearmedbandit]

Last year I was caught at 173km/h in a 100 zone, 6mths loss of licence and $600 plus court costs. It was a fair bust, road conditions were excellent, visability was excellent and there was no other traffic. However, I wasn't arrested. So is being arrested at the discretion of the officer? Does the fact he told me he had just knocked off and heading home (rural cop, took police car home) mean he couldn't be bothered arresting me? Just curious 'tis all.

[Hitcher]

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.

I hate incomplete stories. What happened next? Did he ticket you for 185kmh, 140kmh or did he split the difference? If he ticketed you for more than 140kmh, are you planning to contest the ticket? What did "clocking" involve -- laser gun, radar or speedo check?

[StoneChucker]

This seriously scares the crap out of me It's almost hard to believe that I could quite possibly be ARRESTED, taken to the station and processed for speeding. I on occasion open it up in the middle of nowhere, to speeds which could have consequences of the above!

Do you have to spend the night in jail? Or do they just process and release you? Who picks up your bike from where you got caught? And do you get a private cell (has it got tv? )

Dave
PS: I don't wanna go to jail, I'm fragile!!!

[igor]

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.

the charge u may be facing is exceeding 100kmh, not the speed140 or 180 or 322kmh , that is a factor

you admitted doing 140km, so ya firked.

they got the calibrated speed measuring device

haha

wot a duffus

[flyin]

This seriously scares the crap out of me It's almost hard to believe that I could quite possibly be ARRESTED, taken to the station and processed for speeding. I on occasion open it up in the middle of nowhere, to speeds which could have consequences of the above!

Do you have to spend the night in jail? Or do they just process and release you? Who picks up your bike from where you got caught? And do you get a private cell (has it got tv? )

Dave
PS: I don't wanna go to jail, I'm fragile!!!

yeah m8 they are gunna throw u in with the soddomites!!

nah they jst process you and send ya out on your way. reall bugger when th station is twice as far to walk from as where u got stopped! !
you have to wait for a while in the communal cell for a lil while if there a bundle of drunkards in tho cos they like to get them out of the way first!?!?!

they leave ur passenger(s) (if u were in a cage) on th side of th road to walk.......

[spudchucka]

Last year I was caught at 173km/h in a 100 zone, 6mths loss of licence and $600 plus court costs. It was a fair bust, road conditions were excellent, visability was excellent and there was no other traffic. However, I wasn't arrested. So is being arrested at the discretion of the officer? Does the fact he told me he had just knocked off and heading home (rural cop, took police car home) mean he couldn't be bothered arresting me? Just curious 'tis all.

It can be dealt with by arrest or summons. You'll find where legislation gives a power to arrest it is usually worded, "may arrest without warrant", or words similar to that. Whether to arrest or not is up to the cops discretion, same as whether to issue a ticket or not. There are some offences where arrest is the only appropriate action, ie: you wouldn't generally summons someone for murder.

[spudchucka]

This seriously scares the crap out of me It's almost hard to believe that I could quite possibly be ARRESTED, taken to the station and processed for speeding. I on occasion open it up in the middle of nowhere, to speeds which could have consequences of the above!

Do you have to spend the night in jail? Or do they just process and release you? Who picks up your bike from where you got caught? And do you get a private cell (has it got tv? )

Dave
PS: I don't wanna go to jail, I'm fragile!!!

You wouldn't spend the night in jail unless you killed someone in the process of driving dangerously or you had outstanding court issued warrants etc. You would be arrested, fingerprinted, photographed and then released on police bail to appear in the local court. If the charge was a result of speed your licence will be toast so you would have to make your own arrangements to uplift the bike.

[marty]

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 ....

defending it in the HIGH court? i don't think so. maybe appealing a conviction after being convicted in a lower court, but the HC won't hear you try to defend a speeding ticket on a technicality. it is simply just not in their jursidiction. a speeding ticket cannot be laid indictably. in fact, even the district court is unlikely to hear it - more than likley it will be community magistrates only (2 x JP's). and i suggest you read section 204 of the Summary Proceedings Act 1957 before you start your early celebrations.

[scumdog]

defending it in the HIGH court? i don't think so. maybe appealing a conviction after being convicted in a lower court, but the HC won't hear you try to defend a speeding ticket on a technicality. it is simply just not in their jursidiction. a speeding ticket cannot be laid indictably. in fact, even the district court is unlikely to hear it - more than likley it will be community magistrates only (2 x JP's). and i suggest you read section 204 of the Summary Proceedings Act 1957 before you start your early celebrations.

Specially as we just got some mail saying it is not mandatory to show the reading but is a courtesy and MAY reduce attempts at not guilty pleas.