QLD Contesting Speeding Fines in Traffic Law Court?

Discussion in 'Traffic Law Forum' started by JohnnoWontim79, 30 July 2018.

  1. JohnnoWontim79

    JohnnoWontim79 Active Member

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    Hi there,

    I was recently pulled over on the highway (100 posted limit) for speeding. I was told I was clocked at 125km/hr(!), however I expected maybe 110km/hr based on my speedo when I looked down after I saw them (and their lights).

    I confirmed their radar was reading 125 roadside, however, I wasn't convinced so I checked my dash cam footage later that day and the max speed recorded on my vid was 111km/hr in the few minutes leading up to the police vehicle.

    To contest this, is it as easy as attending a court hearing with my dash cam footage and have it reduced from a +20km fine (4pts $435) down to a -13km fine (1pt, $174). Or should I be trying to deal with it prior to traffic law court? i.e. write a letter or visit police station?
     
  2. Bill Murray

    Bill Murray Well-Known Member

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    Your dash cam is not calibrated.

    You will lose.
     
  3. JohnnoWontim79

    JohnnoWontim79 Active Member

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    Dash cam uses GPS technology, which I understood to be more accurate than other forms of speed measurement. Also checked against two other devices (two separate mobile phones, also using different GPS speed apps) against the dash cam live feed and all three are within 1km/hr over all speeds from 60-80-100km/hr. I have slightly modified my wheel diameter from stock (Larger rims, but lower profile so overall diameter change <1"), but I find it hard to believe my speedo is reading 10-15km/hr under actual.
     
  4. Rob Legat - SBPL

    LawTap Verified

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    GPS can be more accurate than your speedometer - but that depends on a number of factors. These are largely irrelevant. Police speed devices are regularly calibrated, and the courts will likely take that over anything else. You would need to overcome that evidence before you would have any hope of introducing your own.

    Look for factors that may discredit the accuracy of their reading first. It's not easy to do, but it is possible; assuming of course there is anything wrong with the way in which the reading was taken.
     
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  5. JohnnoWontim79

    JohnnoWontim79 Active Member

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    Cheers. That all makes sense, but is also a concern that although I am 100% I was travelling well under 125k/h, I may not be able to actually prove otherwise (or that my proof is not good enough against their proof).

    Maybe I roll the dice and go for an incorrect/outdated calibration or question the calibration procedure (it is a small town police station, so maybe?) because something had to have failed in their system for the reading to be so far out... either that or my speedo and GPS dash cam was wrong, plus everyone else on the highway was also travelling somewhere around 120km/hr.
     
  6. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    If it' a small town police station, by all means go in there and see if you can have a chat with the Senior Sergeant....or whoever is in charge. Maybe he will look at things differently if you explain what you have here.

    The recent media coverage of cases being thrown out because of the calibration of the laser gun being in doubt is also something to consider.
     
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  7. Bill Murray

    Bill Murray Well-Known Member

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    GPS units, especially cheap ones have a low sampling rate and complex smoothing. It's not evidence.

    Upload the video. I can tell you how fast you were going based on the time lapse.
     
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  8. JohnnoWontim79

    JohnnoWontim79 Active Member

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    Not sure how to upload the video to this forum (I guess I have to upload to YouTube or similar and post a link?), and not sure what is a cheap dash cam and what isn't. It wasn't exactly what I would class as cheap, but the cam is a Blackvue DR650GW-2CH, has full hD recording in front 1920x1080 @ 30fps and 1280x720 @30fps rear. Can't find any particular specs about the built-in GPS
     
  9. Adam1user

    Adam1user Well-Known Member

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    Hi,

    I think the best way to go is ask for leniency from the court, guilty with explanation, as mentioned in the above comments, it will be upon you to prove that the radar is not working accurately and may be hard to prove.

    But if you ask for leniency with the support of your dash cam, I think you will have a better chance to decrease the infringement/fine, one note, does your dash cam show the police stopping you? I am raising this so that it can be a proof it is your dash cam (showing the date and time).

    Other point to consider, did you slow down when you saw them? In your comment it was not mentioned, so if you slowed down, then the reading of the radar could have taken before you saw them.

    I hope this helps.
     
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  10. JohnnoWontim79

    JohnnoWontim79 Active Member

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    Yeah cheers, I like your suggestion of going for leniency as opposed to outright claims their gear is faulty, it's probably a smart way to play it. Yeah I've got the exact point when they come into view and turn on the lights.

    I've also saved the few minutes of footage leading up to that point which shows no speeds over 112km. I also saved the video of when I was pulled over, the initial conversation with police (including my shock at 125km/hr claim :D) and me stating I thought it was 110km/hr when I looked at the dash.
     
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