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NSW Mistakenly Given Speeding Fines - What to Do?

Discussion in 'Traffic Law Forum' started by Magg, 6 July 2016.

  1. Magg

    Magg Member

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    Hi, I'm just wondering if there is much chance of success in being exonerated for speeding fines, where I was not speeding, and the police have pulled over the wrong car?

    I know that sounds suspicious but it is the truth. The police car pulled me over 1 km ( 5 minutes) around a corner from where they supposedly took my speed, and said I had been driving 20 km/hr over the limit, and I know for a fact I hadn't been. My husband was in the car with me and I was driving slowly as it was his new car - we even discussed our speed as we saw the police car!

    They didn't have my licence plate, only that I was driving a 'black car' and it must have been me. I must have been out of their sight for 5 minutes before they pulled me over. They also said we had been overtaking other cars, while we were sitting in the left lane not overtaking anything!

    I wrote to the SDRO, but they said that because I had a caution 9 years and 9 months ago, they couldn't grant me leniency. The caution was given to me when I first moved to Sydney and started driving over the harbour bridge. I was very nervous, and I was on my way to a Nursing Conference. My husband had told me I could take a certain exit, and then when I turned onto it, I saw a sign too late, that you couldn't use the exit between 0600 and1000!

    I don't mind the money, I just don't want the record as I know I wasn't speeding!
     
  2. Rod

    Rod Well-Known Member

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    Yep, it happens. Police are either becoming jaded and tired of the lies people tell them, or are arrogant and don't care. Sometimes they make a genuine mistake.

    Whatever it is, you are now faced with either paying the fine, or going to court 2 or 3 times and pleading your case in front of a magistrate. You can self-represent and may be better off doing so. Going to court can be worrying for people not used to it however try not to be. In your case you are unlikely to be worse off and you may end up with a win.

    If it is a matter of principle, take it to court. If you prefer not to have stress and want it over with, pay the fine.
     
  3. AlphaR1

    AlphaR1 Active Member

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    If it is true that after you were identified as the speeding vehicle, the police lost sight of you for 5 minutes and did not have your registration at the time of the supposed offence, then it is impossible to identify your vehicle as the one which committed offence. You should contest the ticket due to lack of identification.
     

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