NSW Speeding Fines Issued by Police - Take to Court?

[zillah]

Dear Experts

I was driving on F3 from Sydney to Newcastle, and a police patrol car was on the left side of the highway (not in the middle distributor normally the stop their sometime) and he was facing drivers from Sydney to Newcastle using patrol's camera I would assume.

I was driving behind a truck, wasn't able to see what is in front of me. I tried to pass the truck and I was on 120 plus minus. I saw the cop (around 500 m), slammed on the break before approaching closer to him. He followed me and pulled me over and issued a ticket (speeding fines).

My question didn't he recorded my speed through his car's camera before I slammed the brake?? Or he guessed it? I should be on the same speed for about 3 seconds.

Is this case arguable at court?

Regards.

 

[Tim W]

On the back of the notice will be instructions about how to have the matter dealt with by a court.
Lawyer-speak doing this is to "court elect" the infringement.

Be careful not to miss the cut off dates, which are not flexible.

Do be aware though, that your prospects of discharge or acquittal
in the face of speed camera evidence are... negligible.
If you lose, you will pay (at least) the original fine, and court costs as well.

Are you at risk of losing your licence on points?

 

[zillah]

Thanks Tim

Are you at risk of losing your licence on points?

I am not

in the face of speed camera evidence are

Has the speed been reordered by car camera ?

Regards

 

[Rod]

If you take the matter to court you will find out

What is the alleged speed?

 

[zillah]

Are you saying it has been recorded?

 

[Rod]

I'm saying you don't know and won't know until it goes to court.

 

[zillah]

Noted, obviously if I am going to a court I will find out
By my question was do a police's car normally record a speed ? Or that depends on a situation ? If they don't record a speed how can he stop me ? Is it on a guess ?

He has written in the infringement speed was 127

Regards

 

[Tim W]

Noted, obviously if I am going to a court I will find out
By my question was... do a police's car normally record a speed ?

The speed monitoring equipment installed in the car does, yes.
There can also be hand-held and portable devices.

Or that depends on a situation ? If they don't record a speed how can he stop me ? Is it on a guess ?

They can stop you on reasonable suspicion of exceeding the speed limit.
They are not required to have a device record a specific speed in order to stop you.
Sometimes, an estimate made by the constable's naked eye is enough.
Bear in mind that if they have to speed up to catch and stop you,
then they already have a good sense of how fast you were going.

Speed checking equipment is, as a matter of law, presumed to be accurate.
Sometimes, in a very small number of cases, it is possible raise doubt in court
about the accuracy of a device. That is a job for a specialist traffic lawyer.

You may find this post helpful: Speeding Fines NSW - How Fast Were You Going? - Legal Blog - LawAnswers.com.au