LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Speeding Fines Issued by Police - Take to Court?

Discussion in 'Traffic Law Forum' started by zillah, 21 July 2015.

  1. zillah

    zillah Member

    Joined:
    19 July 2015
    Messages:
    4
    Likes Received:
    0
    Dear Experts

    I was driving on F3 from Sydney to Newcastle, and a police patrol car was on the left side of the highway (not in the middle distributor normally the stop their sometime) and he was facing drivers from Sydney to Newcastle using patrol's camera I would assume.

    I was driving behind a truck, wasn't able to see what is in front of me. I tried to pass the truck and I was on 120 plus minus. I saw the cop (around 500 m), slammed on the break before approaching closer to him. He followed me and pulled me over and issued a ticket ( speeding fines).

    My question didn't he recorded my speed through his car's camera before I slammed the brake?? Or he guessed it? I should be on the same speed for about 3 seconds.

    Is this case arguable at court?

    Regards.
     
  2. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,722
    Likes Received:
    405
    On the back of the notice will be instructions about how to have the matter dealt with by a court.
    Lawyer-speak doing this is to "court elect" the infringement.

    Be careful not to miss the cut off dates, which are not flexible.

    Do be aware though, that your prospects of discharge or acquittal
    in the face of speed camera evidence are... negligible.
    If you lose, you will pay (at least) the original fine, and court costs as well.

    Are you at risk of losing your licence on points?
     
  3. zillah

    zillah Member

    Joined:
    19 July 2015
    Messages:
    4
    Likes Received:
    0
    Thanks Tim
    I am not

    Has the speed been reordered by car camera ?

    Regards
     
  4. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,180
    Likes Received:
    262
    If you take the matter to court you will find out :)

    What is the alleged speed?
     
  5. zillah

    zillah Member

    Joined:
    19 July 2015
    Messages:
    4
    Likes Received:
    0
    Are you saying it has been recorded?
     
  6. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,180
    Likes Received:
    262
    I'm saying you don't know and won't know until it goes to court.
     
  7. zillah

    zillah Member

    Joined:
    19 July 2015
    Messages:
    4
    Likes Received:
    0
    Noted, obviously if I am going to a court I will find out
    By my question was do a police's car normally record a speed ? Or that depends on a situation ? If they don't record a speed how can he stop me ? Is it on a guess ?

    He has written in the infringement speed was 127

    Regards
     
  8. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,722
    Likes Received:
    405
    The speed monitoring equipment installed in the car does, yes.
    There can also be hand-held and portable devices.
    They can stop you on reasonable suspicion of exceeding the speed limit.
    They are not required to have a device record a specific speed in order to stop you.
    Sometimes, an estimate made by the constable's naked eye is enough.
    Bear in mind that if they have to speed up to catch and stop you,
    then they already have a good sense of how fast you were going.

    Speed checking equipment is, as a matter of law, presumed to be accurate.
    Sometimes, in a very small number of cases, it is possible raise doubt in court
    about the accuracy of a device. That is a job for a specialist traffic lawyer.

    You may find this post helpful: Speeding Fines NSW - How Fast Were You Going? - Legal Blog - LawAnswers.com.au
     

Share This Page

Loading...