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QLD Speeding Fine - Fight It?

Discussion in 'Traffic Law Forum' started by bridget, 10 December 2014.

  1. bridget

    bridget Member

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    Hi. I was fined for doing 114km in a 100km zone. My speedometer read 104km. When I objected to the speeding fine, the police officer informed me the great walls are renowned for being 10k out, but still fined me even though it was quite obvious that I was not intentionally speeding. I am fighting it, but am being told just pay it. Does anyone have any advice?

    I've never been to court and it scares the hell out of me.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Bridget,

    Unfortunately, a speeding fine is what is called a "strict liability offence". This means, the mere act of speeding 5 km above the speed limit makes you liable for a fine. It does not matter what your intentions are. It does not matter that you have an excuse in that your speedometer is incorrect (under-reading) or that you did not realise you were travelling above the limit or you were on your way to give birth in a hospital. In extreme cases such as the last one, the police may exercise their discretion and withdraw the fine. However, an incorrectly reading speedometer is almost never accepted in court given the nature of the offence.

    The only way to get out of a fine, apart from police withdrawing the fine, is the argue you were in actual fact not driving above the speed limit.

    PS. Get your speedometer fixed.
     
  3. bridget

    bridget Member

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    Thanks :) that will be my argument
     
  4. Rod

    Rod Well-Known Member

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    If you have a good history write to the police and ask for a warning instead. In Victoria they will remove your fine if you request it AND have a good driving record.
     
  5. bridget

    bridget Member

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    I would Rod but my son tells me i apparently got a camera fine in the mail for a car of mine he was driving and he paid it without my knowledge, it was 1 point :(
     
  6. Rod

    Rod Well-Known Member

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    :( If going to court you need to decide if you are going to fight it and try and get off on a technicality or plead guilty, show remorse and hope you get a good magistrate in a good mood on the day and ask for conviction with no fine.
     
  7. Sarah J

    Sarah J Well-Known Member

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    If you were speeding, I would not fight it. It would not be worth it as the court will not accept the excuse that your speedometer was faulty. If you are disputing the fact that your car was travelling above the limit, then disputing it could be an option.

    In any event, writing to the police and explaining your situation should be your first option. In writing, you should provide evidence such as written opinions from mechanics that your speedometer was faulty and stating that you fully intend to fix the speedometer, or even better, have already fixed the speedometer, to ensure that this does not happen again.

    Also look at this Traffic Law Forum thread "No Expiry Date on Infringement Notice - Can I Get Out of It?".
     
  8. Phildo

    Phildo Well-Known Member

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    This one could get lovely and complex.

    I'm pretty sure that under Australian Design Rules (ADRs) for cars, speedos are not legally allowed to understate the speed at all. They are allowed to overstate by a certain percent.

    ie Showing 110 when you are actually doing 106 is allowed. Showing 102 when you're actually doing 110 is not allowed.

    There are automotive engineers that specialise in making sure that cars are ADR compliant. Do some searching and ask some questions - such an engineer would have some interesting points for you.

    Due to the current ADR that requires speedos to not understate the speed, it would be a reasonable assumption by you to see 104 on the speedo and believe that you were travelling at no more than 104.

    However, on the flip side, consider yourself to be fortunate to have not been prosecuted for actually purchasing a Great Wall car. ;)
     

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