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

Discussion in 'Traffic Law Forum' started by Matthew Rossi, 8 June 2017.

Tags:
  1. Matthew Rossi

    Matthew Rossi Member

    Joined:
    7 June 2017
    Messages:
    4
    Likes Received:
    0
    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.
     
  2. Tim W

    Tim W Lawyer
    LawTap Verified

    Joined:
    28 April 2014
    Messages:
    3,120
    Likes Received:
    653
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Tony Danos

    Tony Danos Lawyer
    LawTap Verified

    Joined:
    29 November 2016
    Messages:
    216
    Likes Received:
    32
    As your car was impounded a court summons should follow. It is possible to question estimates so get a good lawyer.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Tim W likes this.
  4. Matthew Rossi

    Matthew Rossi Member

    Joined:
    7 June 2017
    Messages:
    4
    Likes Received:
    0
    Cheers for the response guys, I'll take it all on board.
     
  5. Matthew Rossi

    Matthew Rossi Member

    Joined:
    7 June 2017
    Messages:
    4
    Likes Received:
    0
    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
     
  6. Tony Danos

    Tony Danos Lawyer
    LawTap Verified

    Joined:
    29 November 2016
    Messages:
    216
    Likes Received:
    32
    I would like to see the ticket to see if it is TUPMED.
    Can you email or sms to me?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  7. Matthew Rossi

    Matthew Rossi Member

    Joined:
    7 June 2017
    Messages:
    4
    Likes Received:
    0
    No worries mate, what was your email?
     
  8. Tony Danos

    Tony Danos Lawyer
    LawTap Verified

    Joined:
    29 November 2016
    Messages:
    216
    Likes Received:
    32
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;