NSW Police upgrading speeding offence

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floppinab

Member
27 January 2021
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0
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Police pulled me over and stating the exchange was recorded and said "I've got you at 101km/hr" and shows me that reading on his gun. I was in a 60km/hr zone. Next thing I know rego plates have come off and he issues me with a penalty notice that says "over 45 km/hr, estimated", 6 months immediate license suspension. No justification given why he has booked me for the higher range, given 101 should draw an over 30km/hr offence.

I initially challenged the suspension, with the magistrate throwing it out, in effect stating there is no way to challenge the police evidence. I missed the section of the Road Traffic Act that he quoted but I think it was Section 268. There was no statement of facts or any detail provided by the prosecution. The magistrate suggested I could still challenge the penalty notice.

I'm assuming I would have to admit fault the to the 45km/hr charge but ask for leniency based on the evidence?
Is there a way to get a statement of facts about the matter from police?
 

floppinab

Member
27 January 2021
2
0
1
No responses. Just thought I'd post again if anybody had any thoughts. While I concede I was speeding, I feel the law is clear that a certain penalties should be applied for certain speed ranges and it shaken my belief in the police if it's within their power to arbitrarily upgrade penalties without strong evidence.

Is there a way to challenge the police evidence given it was clear what speed was presented to me on the day and the text written down on offense by the issueing officer clearly states that the speed range applied was "estimated"?
 

sammy01

Well-Known Member
27 September 2015
5,152
720
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Challenge it on the grounds that you have a clean driving record. That means preferably 10 yrs without a fine / loss of points. If that doesn't apply then forget it.