Mistaken identity?

[stevedg]

ok, here's the go....
headed down from New Plymouth yesterday to get to the Wanganui races, left about 8.30am so had plenty of time. Heaps of bikes on the road and I was passed by all of them - as I kept my speed under 108km/hr. Imagine my surprise when just by the Waverly racecourse I see flashing lights and a police car pulling into the little picnic area to do a U-turn. I checked my speed - yep still alright, he must be after the bike in front of me (passed about 15-30 seconds earlier and dissappearing into the distance). I slowed down and eased to the left to let him pass but he kept behind me - duh? Ok, I stopped, got off the bike to see what the problem was.

He claimed that he caught be doing 130km/hr (didn't say how he clocked me) and visually saw my bike around the corner 'obviously speeding'. I was dumbfounded.

My only thought was that he did see the first bike (which was speeding), took his eyes off the bike to do a u-turn and then I rode past - and he mistook my bike for the one that was speeding.

Needless to say it ruined my day at Wanganui - I was very nearly going to say stuff it and just head back home.

I'm going to contest, does anyone have any advice?

[Jantar]

Of my last 4 speeding tickets, at least 2 of them I wasn't speeding, a third was doubtful but I may have increased from the time I first saw the cop until he put the lights on me, and one of them, yes I was over the limit.

So now I keep a GPS on the bike. Its not to tell me where to go, its so that I always have a record of my speed for this very type of situation. You can fight it, but remember that in traffic cases the onus of proof is on the defendant. Ie, guilty until proven innocent.

[sunhuntin]

if he had a radar, isnt it automatically cancelled if theres more than one vehicle? like speed camera cant give out tickets if theres two cars in the shot. theres no way he can prove it was your bike if he clocked the other one, and there were a ton of bikes on the road yesterday.

[Max Preload]

if he had a radar, isnt it automatically cancelled if theres more than one vehicle? like speed camera cant give out tickets if theres two cars in the shot. theres no way he can prove it was your bike if he clocked the other one, and there were a ton of bikes on the road yesterday.

No. The difference is the operator. A mobile camera shot while the same method of speed detection is only an instant in time and thus does not determine which vehicle is speeding. But a fixed camera works from strips in the road and does distinguish lanes and direction.

In the case of microwave speed detection in patrol car it is just doppler. So what you're relying on with a cop is their experience and honesty in determining which vehicle was speeding. The Stalker DSR which I understand they're using now gives two speed readings (fastest and strongest) plus a patrol speed and it's down to the operator to establish who is doing what, visually.

[homer]

No. The difference is the operator. A mobile camera shot while the same method of speed detection is only an instant in time and thus does not determine which vehicle is speeding. But a fixed camera works from strips in the road and does distinguish lanes and direction.

In the case of microwave speed detection in patrol car it is just doppler. So what you're relying on with a cop is their experience and honesty in determining which vehicle was speeding. The Stalker DSR which I understand they're using now gives two speed readings (fastest and strongest) plus a patrol speed and it's down to the operator to establish who is doing what, visually.

sounds like another good old ,judge it by eye .
go and contest it , what will u lose another 100 bucks roughly .
it may be worth it

[Gremlin]

So now I keep a GPS on the bike. Its not to tell me where to go, its so that I always have a record of my speed for this very type of situation.

Yep, they are damn useful for that... but I do also use it for going places.

In order to contest it, you'll need some sort of proof/evidence or something to fight it. Look at it from their point of view. If every motorist wrote in, saying "I wasn't speeding officer" and they let them off... well, it wouldn't work would it?

I'm not saying you shouldn't fight it, you just have to look at what you can say to give yourself a chance, without looking like a normal person trying to get off.

What sort of history do you have re speeding tickets?

[swbarnett]

If every motorist wrote in, saying "I wasn't speeding officer" and they let them off... well, it wouldn't work would it?

Well, the current system doesn't work either. This is why I'm in favour of video cameras in police cars. Nobody should be convicted without proof and a police officer's flimsy recognition of a vehicle without a registration number is NOT proof. It's just another fallible human being saying "I think it was you."

[muzz]

Yep had the same problem and because I got a history nobody listens, so had to wear it, sux ya

[slofox]

Fight it. Refuse to pay the fine if they fine you. Give them publicity. Lots of publicity. Scream it from the rooftops if you have to. But do not accept the penalty. Go to jail if you have to but don't accept liability. Some of this stuff is a crock of shit...
I was once sent a speed camera notification for a car I no longer owned - it was in the auction house and someone took it for a "test drive" (hoon more like) and got pinged. I had to write to the idiots several times before they would accept that the car was, by the time it was snapped, out of my hands and in the hands of the auctioneers. But I DID get the ticket dropped after a long time...although they still said "we will let you off your offence this time".....What fukkin offence??? I asked - I WAS NOT DRIVING YA BUNCH OF TITS!!!!

[Max Preload]

What sort of history do you have re speeding tickets?

Your 'history' is not admissible until sentencing.

[Gremlin]

Your 'history' is not admissible until sentencing.

I was getting more at, you need something at least, when writing in. So if he is able to demonstrate he is really law abiding, ie, no history of speeding offences (people like that exist? ) it could help his argument.

Don't get me wrong, I would be pissed too, but you have to think rationally, and figure out what you can do to increase your chances of sorting it out properly. Simply writing in and saying, it wasn't me... well, I reckon the cop will laugh, and write back saying... Pay.

edit: Not to mention how you present your argument. If you appear logical, well thought out, you stand a far better chance than simply ranting. You can save the ranting for later if you wish, but cops are human, like everyone else and like everyone else, normally respond far better to a sweet response, than a sour response.

[Little Miss Trouble]

[QUOTE=Gremlin;1865387]...no history of speeding offences (people like that exist? ) ....[QUOTE]

There are, i WAS part of that club until last week

[stevedg]

I guess as this is my second speeding ticket I'm a serial offender, although I strongly dispute it.
Had my motor license for 27 years and got my first ticket back in April this year. Yes I was speeding then, first ride on my SV1000 of any distance at night, first ride at night with ear plugs in, no other vechicles on the road (except for the 3 police cars) and I was enjoying the ride not keeping a close enough eye on the speedo. Got done for 118km/hr. Good lesson, made me much more concious how easy it can be to get distracted and go over the speed limit so I am much more cautious now.
Thinking about it, I think the SV's speedo overreads (by 5-10km/hr at 100km/hr? I'll have to recheck this with a GPS, that means I should have read the speedo at 135-140km/hr, wow! I don't think so! My recollection would be 108km/hr).
But then it's my word against the officer and his radar (if that's what he got the speed readout from). No other witnessess to check my speed or the presence of the other sports bike.

[Sparrowhawk]

Ya poor bugger! I'd say contest it - politely - on principle. The one time I got caught speeding I admitted it - I knew I was speeding. But if you're sticking to the rules... fight it!

[Number 5]

ok, here's the go....
headed down from New Plymouth yesterday to get to the Wanganui races, left about 8.30am so had plenty of time. Heaps of bikes on the road and I was passed by all of them - as I kept my speed under 108km/hr. Imagine my surprise when just by the Waverly racecourse I see flashing lights and a police car pulling into the little picnic area to do a U-turn. I checked my speed - yep still alright, he must be after the bike in front of me (passed about 15-30 seconds earlier and dissappearing into the distance). I slowed down and eased to the left to let him pass but he kept behind me - duh? Ok, I stopped, got off the bike to see what the problem was.

He claimed that he caught be doing 130km/hr (didn't say how he clocked me) and visually saw my bike around the corner 'obviously speeding'. I was dumbfounded.

My only thought was that he did see the first bike (which was speeding), took his eyes off the bike to do a u-turn and then I rode past - and he mistook my bike for the one that was speeding.

Needless to say it ruined my day at Wanganui - I was very nearly going to say stuff it and just head back home.

I'm going to contest, does anyone have any advice?

I got a ticket in October which I am contesting.
Mine is a little more complex, as I am also disputing who was useing the laser gun (police have told me it doesn't matter as the other officer was under supervision by a trained officer, but their guidelines and operating manual states 'only a trained and certified officer is allowed to use speed detection equipment').
I also disputed the speed reading 66kph in a 50kph zone, as I know I wasn't exceeding 50k, and also the line of traffic in front and behind me weren't stopped, so they can't have been exceeding 50k either.
I requested various bits of info from the police, one of which was the NZ operating manual and policy which makes very interesting reading, to much to go into detail here, but the operating manual and training is strictly against cars (states aerodynamic sport cars give eronous readings, as do halogen headlights, thats why the manual states 'it must be pointed between the headlights, on the number plate'), but of real interest is that there is no mention of operating procedures against motorcycles, not one single item.
Will let you all know how it goes when it come to court.