VIC Excessive Speed - No recorded speed, Good Driver History, P Plater.

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Matthew Rossi

Member
7 June 2017
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0
1
Hey,
I'm Seeking Advice as to whether or not I have a case appealing the infringement in court.
I am a green p-plater holding a licence from July 2014 with 1.25 demerit point loss for speeding 89 in an 80 zone, and a warning for 56 in a 50 zone - what I assume to be relatively good driver history.
I was pulled over by two regular police officers (not highway patrol) who were not in their safety vests, which i have on dashcam footage. My car was impounded and I am facing an excessive speed charge for 12m suspension and 8 demerit points. This puts my total demerit points to 9.25 which adds 3 months to the suspension for exceeding my allowed 5 points per 12 months.

On the infringement notice the policemen have not written an alleged or detected speed.

The incident happened as I entered a freeway with a 100km/h speed limit and accelerated past the speed limit, by how much i dont know exactly. The police were driving some distance behind me who sped up to catch up to me, followed me off the freeway and then flashed their lights and pulled me over.
If they had a speed reading are they legally obliged to put that on the ticket? How would they be able to tell how fast I was going? From my understanding only highway patrol police are able to 'estimate speed'.

Any advice is appreciated
Regards.
 

Tim W

Lawyer
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28 April 2014
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...what I assume to be relatively good driver history.
For a P-Plater, that's not a good history.
Not the worst, not the best.
But not "good"
I was pulled over by two regular police officers (not highway patrol)
Not relevant. A cop is a cop.
...who were not in their safety vests, which i have on dashcam footage
Vests, no vests. Doesn't matter.
My car was impounded and I am facing an excessive speed charge for 12m suspension and 8 demerit points. This puts my total demerit points to 9.25 which adds 3 months to the suspension for exceeding my allowed 5 points per 12 months.
Pretty much.
On the infringement notice the policemen have not written an alleged or detected speed.
In this case, that may not be a dealbreaker.
The incident happened as I entered a freeway with a 100km/h speed limit and accelerated past the speed limit, by how much i dont know exactly. The police were driving some distance behind me who sped up to catch up to me, followed me off the freeway and then flashed their lights and pulled me over.
Police observed and chased the offender. I don't see a problem there.
If they had a speed reading are they legally obliged to put that on the ticket? How would they be able to tell how fast I was going?
They get lessons.
From my understanding only highway patrol police are able to 'estimate speed'.
Your understanding is not correct.
Any advice is appreciated
Regards.
Much depends on your history, both driving and more generally..
I suggest that you engage the services of a specialist traffic lawyer without delay.
Most likely, you will have to fund this yourself. I do not see you getting Legal Aid for this matter.
 

Tony Danos

Lawyer
LawConnect (LawTap) Verified
29 November 2016
330
56
794
Victoria
lawtap.com
For a P-Plater, that's not a good history.
Not the worst, not the best.
But not "good"Not relevant. A cop is a cop.Vests, no vests. Doesn't matter. Pretty much.In this case, that may not be a dealbreaker.Police observed and chased the offender. I don't see a problem there.They get lessons.Your understanding is not correct.Much depends on your history, both driving and more generally..
I suggest that you engage the services of a specialist traffic lawyer without delay.
Most likely, you will have to fund this yourself. I do not see you getting Legal Aid for this matter.
As your car was impounded a court summons should follow. It is possible to question estimates so get a good lawyer.
 
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Matthew Rossi

Member
7 June 2017
4
0
1
UPDATE: okay so the police have reissued the fine on the grounds that there was no alleged or detected speed. I didn't say anything to them or go to court it was done on their accord.
The fine now stated 145 detected 145 alleged. I believe I should have a 2kph deduction on the alleged speed which puts me in the 135-144 speed bracket and I get a 6m suspension.

I know I should be calling a lawyer but it's Saturday and I want a rough idea
Cheers
 

Tony Danos

Lawyer
LawConnect (LawTap) Verified
29 November 2016
330
56
794
Victoria
lawtap.com
UPDATE: okay so the police have reissued the fine on the grounds that there was no alleged or detected speed. I didn't say anything to them or go to court it was done on their accord.
The fine now stated 145 detected 145 alleged. I believe I should have a 2kph deduction on the alleged speed which puts me in the 135-144 speed bracket and I get a 6m suspension.

I know I should be calling a lawyer but it's Saturday and I want a rough idea
Cheers
I would like to see the ticket to see if it is TUPMED.
Can you email or sms to me?