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QLD Speeding Fines - Court Adjournment and Compensation?

Discussion in 'Traffic Law Forum' started by Rick, 10 March 2015.

  1. Rick

    Rick Member

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    We recently received our summons for a court appearance for a traffic matter that WE elected to have heard by the court, problem is the date set forth is the EXACT date we leave the country for our holiday!! April 1st.

    Is there an online or printed application to fill out for adjournment?? There is NO WAY i'm cancelling my holiday but also no way i'm accepting the BOGUS infringement either.

    I'll post details of the infringement in a new thread as i have a few questions there too.
    ...

    My GF received a speed ticket Nov 23 last year (70 in a 60 zone) to which we have elected for a court to decide the outcome. The last limit sign observed indicates 70km and is approx 1-2kms before the camera location, i have documented this with a video days after the infringement was received. The 70km sign was actually on a different road to the offence, approx 100m after turning onto said road was the camera location. There is a system of street lighting on both roads and it isn't a suburban location, mostly bushland surrounds. POINT is, that after you turn off the 70km zone, there is no obvious change in surroundings to indicate a speed change. I did attach a letter outlining the circumstances of this mistake when submitting the infringement for court, but to no avail.

    Last week we noticed that GCC/Main roads had erected a NEW 60km sign where the alleged infringement occurred.!!

    We are both really annoyed that they choose to waste our time & money on this, but there is NO WAY we are letting them get away with it.

    So i just have a couple questions, not sure if someone can answer?

    The date for appearance on the summons is April 1 but we leave for Thailand trip (4 week holiday) the same day, so we'd like an adjournment, how do we do this? (easiest way)

    Also, when we have our day in court i will be pushing for compensation for legal advice etc. and for wasting OUR time, what are the chances here of compensation? (if the QPS are found to be at fault) We would be happy to take on a solicitor/lawyer providing we are not out of pocket at the end. I am also fairly comfortable speaking in court on behalf of GF, as i have had my fair share of court action in the past. (don't ask lol) The ticket cost is only $151 + 1 point and she has only had one prior speeding offence in the last 6years, BUT it's the principle of the matter, there are guidelines to how the QPS use their camera's and location, i'd hate to think how many people have been wrongly fined in this location.

    Is there a guide one could recommend for representing ourselves in this instance?

    I will be contacting those responsible for erecting the new sign asking for a letter of proof that the new sign was erected last week.
     
  2. HOS

    HOS Well-Known Member

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  3. Rick

    Rick Member

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  4. John R

    John R Well-Known Member

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    Hi @Rick
    1. Have you contacted the Court Registry to discuss your situation?
    2. Given that the hearing is set on your current departure date, have you explored your options in postponing flights by a day, etc.? I ask this because the Court typically takes a dim view of adjournment requests without extenuating circumstances (e.g. death of a family member, etc.).
     
  5. John R

    John R Well-Known Member

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    In the event that your argument succeeds and the case is dismissed, you can ask the judge to make orders for the reimbursement of reasonable expenses incurred in your defence (e.g. legal advice fees, barrister fees for court attendance, etc.). That said, for traffic law matters, most courts do not otherwise make orders for compensation for "time wasting".
     
  6. Rick

    Rick Member

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    I will go to the courts today.
    Our extenuating circumstances are that we had this date booked and paid for prior to receiving their summons and being that the QPS made this mistake then I don't see why I should change my holiday dates.
    They fked up so they will have to wait till we are ready.
    Tho, I can't wait to get in there n prove these a-holes wrong.
     
  7. P Noob

    P Noob Active Member

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    I'll be interested to hear the outcomes of both the adjournment attempt and the hearing :)
     
  8. Rick

    Rick Member

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    We went to courthouse and wrote a letter asking for adjournment as there doesn't seem to be an official doc for this!! Stipulated a case conference adjournment (mediation basically). Also attached a print out if our itinerary which proves our booking date for the holiday etc.
    This should never be allowed to court seeing as THEY made the mistake
     
  9. Ponala

    Ponala Well-Known Member

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    You won't be able to appear/talk on your GF's behalf.
    There is case law that unfortunately goes against you which basically says speeding is a strict liability offence, and it is up to the driver to know what the speed limit is. Kearon v Grant from memory.
    POINT is, that after you turn off the 70km zone, there is no obvious change in surroundings to indicate a speed change. Playing devils advocate the counter argument to this is, you turned off the road onto a new length of road, that is the obvious change. Speed limits apply to 'lengths of road'.
     

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