Help with leagal matter.

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s man
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Help with leagal matter.

Post by s man »

The Mrs & I went for a cruise to Wolombi today[double points I know] But I wasnt speeding just a cruise on a lovely sunny afternoon. A GD cop van pulls out from the road side & I followed it & the car in front of it for about 5 Ks heading towads Cessnock. Very twisty narrow road with little passing areas. The car in front of the cop van was doing between 50 & 70Ks, in a 80 zone, it was a bomb car & I think he was shitting himself. But anyway, I thought, if the cop isnt gonna pass this crap heap I will. Found a straight with broken lines indercated & passed the cop & the bomb car which were doing 65Ks. Never getting above the speed limit. About 3Ks down the road lights flashing the cop pulls me over!!! I say whats up?? he says, do you know the speed limit on this road, I say yes its 80Ks, he said you were doing over 100!!!! the Mrs & I say at the same time NO WAY! he says stop talking shit you know you were speeding. I said no I wasnt. The Mrs said we were not speeding, he says, how do you know you cant see the speedo? She says yes I can. I say "do you think Im stupid? as if I would pass a cop car if it was doing the speed limit !! At no stage did he ever follow me for any distance, he just finaly got passed the crap heap & rushed up on me!
Anyway, long story short. He takes my licence to the car, checks it, [I have a clean record for at least 15 years!] He comes back, & says "You'll get the fine in the mail"
1 Is this true??
2 I still dont know what I was getting booked for?
3 He didnt tell me who he was & I couldnt see his ID
4 Can they estimate speed, but dont tell you what that speed was?
Last edited by s man on Mon Oct 01, 2012 2:07 pm, edited 2 times in total.
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Re: Help with leagal matter.

Post by Wattie »

You won't get a fine in the mail. He was just too big to come back and say sorry.
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s man
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Re: Help with leagal matter.

Post by s man »

Well at least I will sleep tonight. Not knowing what I was getting booked for had me a bit worried. He could say anything, but if he thought it was that bad, Im sure he would have given me an on the spot fine, wouldnt he?
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Re: Help with leagal matter.

Post by Possum »

If you do get it contest it - it will have all his details on it.
It all comes down to how you ride it.....
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Re: Help with leagal matter.

Post by s man »

Dont worry I will contest it for sure. I just assumed they would give me a ticket, but I got nothing & I still dont know what he is intending on doing?? I know 30 years ago they could estimate speed & send a fine by mail. But in this day & age that would get chucked out of court shorly????
It was a GD van with no speed detecting devices, & I asked him that, he say I can estimate. But I still didnt get a ticket for the estimite??
Its got me confused I can tell ya?? :? :?
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Re: Help with leagal matter.

Post by Possum »

I wouldnt imagine so.
In any case dont take up time worrying, there's good times to be had and roads that need to be ridden.
- Deal with it when and if it comes :kuda:
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s man
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Re: Help with leagal matter.

Post by s man »

Possum wrote:I wouldnt imagine so.
In any case dont take up time worrying, there's good times to be had and roads that need to be ridden.
- Deal with it when and if it comes :kuda:
Too true Poss.
But I still havent got an anwser on if they can estimate?
Or can they send a ticket, when they,ve actually pulled you over? Sounds counter productive to me.
Why threaten me with a ticket, when he was there & could have just gave it to me?? :?
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Re: Help with leagal matter.

Post by Stuzrx »

I want to know,if you were speeding, why did'nt he just write the ticket on the spot??? isn't that why they call it"on the spot fine"??

Why....cause he knew his boots were full of shit!!!! hat36.gif
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Re: Help with leagal matter.

Post by young1 »

If he hasn't written an infringement notice, I think u should be ok. Lucky you,'ve got a clean record. Probably got him thinking a bit..He sounds like a wanker don't let it ruin your day s man.
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s man
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Re: Help with leagal matter.

Post by s man »

Stuzrx, no mate not speeding, if anything I could easy has gunned it & dissapeared into the distance, but I was just cruising, & enjoying the ride..
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Re: Help with leagal matter.

Post by z900/zx9 »

A court will accept an estimated speed from a police officer i have had to defend this before in court, and if he was a real asshole yep you might get a fine in the mail.If you contest it .i would you will probably win as u have a witness and as if you would speed past a marked cop car.
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Re: Help with leagal matter.

Post by Kermit »

Yes, they can send you a fine the mail.

Yes, there estimation on speed can be used as testimony as they are regarded as expert witnesses to the court.

So if you do happen to get a fine in the mail you got a number options.


If you have a clean license record for more than 10 years (your offence is not outside of the 10 year exclusion clean record criteria) you can write to the SDRO explain circumstances and the fine will then be turned to a caution on your license record.

or

Contest it and plead not guilty, the prosecutor (ie person who issues you the fine) has to prove (balance of probability) that you are guilty of the offence to the magistrate, which appears to be Singleton local court.

or

Contest it and plead guilty, under section 10 you can ask for lienency ie explain your story, circumstance, driving/riding history and the magistrate may not fine and or apply demerit points.

Contest it and plead guilty no explanation, cop demerits, pay fine and court , witness costs (if any) which is also the case if you loose.

or

Cop it sweet, pay for the fine and recieve the demerits.

I can tell you that the bretheren from our finest local area command in the hunter region are not saints and love appearing in front of singleton local court.

If you choose to go to court be well prepared and expect at least two dates of appearance infront of the court.
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Re: Help with leagal matter.

Post by StuMiller »

If they estimate your speed, can you estimate your payment?

I assume you also challenge the accuracy of their radar gun and ask for their test data?
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s man
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Re: Help with leagal matter.

Post by s man »

No radar gun, no nothing, just a GD in a paddy wagon. I ask if they had a speed detection device & they say no we can estimate off our speedo, but they couldnt have done that as they didnt follow me, just rushed up behind me...
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s man
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Re: Help with leagal matter.

Post by s man »

z900/zx9 wrote:as if you would speed past a marked cop car.
Exactly my point! and on a double points weekend no less...
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