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NSW Received "Assumed" Speeding Fine from Police Officer?

Discussion in 'Traffic Law Forum' started by WhiteNoise, 28 February 2016.

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  1. WhiteNoise

    WhiteNoise Member

    28 February 2016
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    The TLDR: A police officer tried to book me for using a mobile phone which he could not prove and issued me with a speeding fine instead. I know I may have been speeding, but absolutely not more than 10kmph over the limit that he issued the fine for.

    Did they give me some generic speeding fine based on an assumption and the fact that he couldn't fine me for using my mobile phone?

    The long version:

    Yesterday, I was stopped at a traffic light which had two right-hand turning lanes. I realised that soon after the turn I would need to be in the left lane to turn left, so when the light went green I gave it a bit and got around the corner quicker than I normally would and moved over to the left lane.

    As I moved over, I noticed I was going a little faster than the 70kmph speed limit and there was two highway patrol cars parked around the bend behind some shrubbery and the two officers were standing outside their car talking to each other. I did not see either pointing a handheld speed detection device at me, let-alone even holding one.

    I began slowing down to the speed limit, which didn't take anything more than lifting my foot off of the accelerator, but obviously, the damage was done. The police officer gestured to the other and hopped in his car and pulled out into the traffic.

    When he signaled me to pull over I did so and he approached my casually. He then said that he had pulled me over for a number of offences and I immediately thought "how so?". He asked why I had been driving with my mobile phone in my left hand up to my ear. I answered that he was mistaken and that my mobile was plugged into a phone charger in my center console with hands free voice navigation. He tried to argue the point and I stated that I'd never use my phone whilst driving and would be stupid to do so, especially with my 5-month old daughter in the capsule behind me.

    He asked me why I was speeding and driving in a manner which could be dangerous and I said that yes, I accelerated quickly from the traffic light but only to get in front of traffic so I could change lanes and that I slowed as soon as I was in the correct lane.

    He asked me another time what else I might have had in my left hand that would've made him and his colleague think I was using my phone. My answer was that I'm driving a European car with an indicator stalk on the left side, so I drive with my left elbow on the arm rest and my right hand in a comfortable spot nearby the indicators. He didn't seem to accept that answer and shook his head and went off to his car, wrote out a ticket came back. He said that he's pretty lenient for drivers with a good record and often issues warnings but won't be lied to and presented me with a $260 fine for "Exceed speed, over 10". He gave me back my drivers licence, told me to drive slower and not to use my phone in a moving vehicle and walked off.

    When I looked at the fine, I read the offence and immediately thought "not a chance." Second guessing myself, I recalled the entire procedure of leaving the traffic lights, changing lane, seeing the police cars and slowing down to below the speed limit. I still can't see that I could've gone more than 80kmph in that short distance, especially since I never speed more than 10% over, haven't for years.

    As I drove away I was kicking myself for not asking to see the speed recorded on the device he used because to be absolutely honest, I don't think he or his colleague had a speed detection device in use at all. They looked to be gass-bagging as they were setting up an RBT (which they continued to do directly in front of me as I was being issued my ticket).

    Now that I've left and it's a day after the offence, I'm wondering if there is any sort or recording or digital log of my speed and any footage which would make them target me for having a phone in my hand?

    I'm happy to pay the fine and cop the demerit points if there's proof I was speeding more than 10 over, but I really don't believe I was, or that they had even close to 3 seconds to clock my speed before I noticed their presence and slowed down. If they even had a LIDAR / RADAR device operating.
  2. Ponala

    Ponala Well-Known Member

    10 February 2015
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    Not quite sure what you are asking.

    Cops have been known to give tickets etc., on speed estimates, without using radar, etc.

    Contest the matter if you want to. I would if there was no radar or similar used, harder for them to prove the speed if they just guesstimated.
  3. Ozwarlock67

    Ozwarlock67 Well-Known Member

    16 April 2015
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    If he just guessed your speed, I doubt the judge will accept that without question. Too many variables.
    I say contest it. If they know the case against you isn't strong, they'll withdraw. The evidence is sketchy at best.

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