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NSW Can We Fight Excessive Speeding Fines?

Discussion in 'Traffic Law Forum' started by MichelleHales1, 19 May 2016.

  1. MichelleHales1

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    My mum has recently received a letter in the mail for speeding fines which read that she was doing 35km over. 135km in a 100km zone, but she believes she wasn't going that fast. Yes, she may have been slightly speeding but not to this extent.

    I just want to know if there's anything that can be done to try and fight it? As it carries 5 point demerit points, $855 fine and 3 months loss of drivers licence.
     
  2. Rod

    Rod Well-Known Member

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    There is not a lot you can do. I assume that your mother has already accumulated points and 5 more puts her over.

    You need to see a lawyer specialising in traffic infringements. The lawyer will look for potential loopholes that apply to your facts.
     
  3. MichelleHales1

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    Thanks for your reply Rod.

    No, her record is at 0. But I looked on NSW services and it says any speed over 30km is loss of license for 3 months.
     
  4. Tim W

    Tim W Lawyer

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    She may care to court-elect the fine. Be mindful of the timeframe.
    Understand however, that a mere emphatic denial has no weight as evidence.
    Understand also that speed measuring devices are scientific instruments and are presumed at law to be accurate.
    Emphatic denial alone will not displace that presumption.

    One thing though - Was it camera/radar detected, or was it some constable's eyeball estimate?
     
  5. MichelleHales1

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    Well I presume it was a speed camera. I did see something parked on the side of the road but there was no signs of the car wasn't marked. But I presume this was the camera as there was no other cars parked or passing me where I was on that night.
     
  6. Serge Gorval

    Serge Gorval Well-Known Member

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    Procedure is your best defence. All speed cameras (including mobile) need to be identified. I doubt it would have been a police identified radar as you would most certainly have been pursued and stopped.

    Which could will you be going in ?
     

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