TAS Received Traffic Infringement Notice in Mail?

Discussion in 'Traffic Law Forum' started by Lana_Montana, 9 February 2017.

  1. Lana_Montana

    Lana_Montana Member

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    Hello,

    Can you please advise in the below situation?

    We were driving up east coast of Tasmania and on the section of the road that was road under works, so the speed limit signs were not permanent and displayed only on the side of the road and it was 60km/h.

    My husband was going 60, however, the road winded a bit and we saw a cop waving just as we turned and he had a speed gun and behind the officer's car for the first time we saw a clear sign of 40hm/h (please note it was behind the police officer, not in front).

    We pulled over and he said that was 40km/h zone due to people always complaining that drivers are going too fast through that section, his gun showed our speed 64km/h.

    My husband tried to explain that we didn't see a clear 40km/h zone, and myself and my mum and my brother, all 4 people in a car did not see a 40 km/h sign.

    The officer took my husband's drivers licence and went to do his check in his car. After a few minutes, he came back saying his system didn't work and he could not look my husband up. He asked though whether my husband had any speed offences before, so he said he hadn't had any in about 2 years time.

    Then the officer said: well this may be your lucky day, please drive carefully through the 40km/h. And he didn't give us anything, no ticket - he also didn't mention that we would receive any traffic infringement notices in the mail whatsoever.

    We drove off confused and didn't know what it was all about. We also crossed that very same section about 5 times for the next 5 days. We stayed there and it was always 60km/h zone. We were looking out for the 40km speed limit sign like crazy, especially after we were pulled over first time.


    When we got back from our travels we saw the infringement notice in the mail for that very day and that location of $250 fine and 3 points. How's this even possible?

    We called the number to inquire about it and the lady on the phone confirmed that there's no any proof, no photo, no slip with officer's signature on it or anything like that. The traffic infringement notice also does not even have the exact speed we were doing on that day.

    I think this is just a misunderstanding considering that zone is a 60 zone and if speed limit has to change, it has to be clearly visible and not behind officer's car.

    Is it possible that the officer changed his mind after his system started working and decided to fine us afterwards? Why did he not issue the ticket on the spot? If they issue fine afterwards should there be a proof?

    Can we still fight this?

    Thank you in advance.
     
  2. kimsland

    kimsland Well-Known Member

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    You need to go back and take clear pictures of the area.

    Ideally go to the council as well and confirm 40km/h zones were put up 'around the corner' on that exact date (Note IF the council cannot supply this, get a letter stating they won't supply it). Take a photo of where the police car was sitting (now vacant of course) pointing to where the only 40km/h sign was.

    Take your silly offence with further errors on it to court, and submit all the evidence, including a clear word for word, best recollection, of how the conservation went with the police officer (it is unlikely he will lie in court, but even if he does, it'll be then easier to catch him out).

    Present all evidence in court. Regarding doing 4kms over the speed limit (60), deny that, you are not a scientific speedometer technician, the speedo said 60, what evidence does the cop have? Oh yeah nothing.

    Pretty sure case thrown out.

    Oh, you may be able to write up all this and supply photos and submit for inquiry via email. Whatever it allows you to do to fight it. Oh and positioning of other traffic, power lines, the corner! And even the sun in your eyes are all valid points too.
     
  3. Lana_Montana

    Lana_Montana Member

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    Thank you for this. I am definitely on it now and will go back take some photos, if we new we would be getting this notice we would have taken the pics already, as I said we passed that very road at least 5 times after that.

    I have already contacted the council and the lady got back to me asked to specify the location, although we are not local to the area and I did tell her what is written on the infringement notice, so if he got the location wrong that might be thrown into the bin just based on this.
     
  4. imanlore

    imanlore Well-Known Member

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    i hope you realize that a man stopped your husband
    first and foremost the officer that stopped your husband is a man
    a man cant stop a man in his property going from A to B
    good lore is expressed not implied
    there are no synonyms in lore
     
  5. kimsland

    kimsland Well-Known Member

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    This is not about a pregnant woman, or a female teacher messing with a teenage boy, or any other sexist laws that still exist.
    In this case it is about a traffic issue, and therefore the male/female doe not apply. But I agree it is reasonable in many cases to defend on gender, just not this one ;)
     
  6. imanlore

    imanlore Well-Known Member

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    its got nothing to do with gender
    at court male/female are legal words that imply something
    good lore proper lore is expressed
    [wo]man and man are expressed
     
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