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TAS Can Police Estimate and Issue Speeding Fines?

Discussion in 'Traffic Law Forum' started by icana, 21 December 2015.

  1. icana

    icana Member

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    Hi all,

    I have two hypothetical questions. Can the Police "estimate" and issue speeding fines? And as we have a minimum distance for passing or overtaking cyclists depending on speed, how would this be proven in Traffic Law court?

    Thanks
     
  2. Sophea

    Sophea Well-Known Member

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    No they need some sort of tangible proof that you were exceeding the speed limit in order to fine you.
     
  3. Tim W

    Tim W Lawyer

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    An Infringement Notice is in effect an allegation.
    You can go to court to contest that allegation
    (the bit on the back where you "court elect" the offence).

    And yes, they can "estimate" a speed, without needing to specify from a scientific instrument
    that you were doing 62 in a 60 zone, and can issue an infringement on that basis.
    As with any other offence, that's called having "reasonable grounds to suspect..."
     
  4. icana

    icana Member

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    Thanks for your replies, but how can you defend against an estimate... isn't proof or an admission needed if it went to court ?
     
  5. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    This is a tricky one. I think if you elected to go to court, they may withdraw as they have to have better proof than an estimation.
    The magistrate may take a dim view of a prosecutor trying to get a conviction on something that flimsy.
     

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