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NSW Speeding Fines NSW - How to Challenge Police?

Discussion in 'Traffic Law Forum' started by Brendo!, 19 October 2014.

  1. Brendo!

    Brendo! Member

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    Hi all,
    Was pulled over when a NSW police officer ran infront of the car to pull me over. At first, I thought it was for a RBT, to which he then threatened me and claimed to have caught me speeding massively over the speed limit but would let it be put down a few less as he didn't want me losing my drivers licence or something supposedly. The odd part of this is that he wouldn't show me any proof and contacting state debt who issue the speeding fines out was no use as they said it could be anyone speeding and him put it on me and my only way to get through it is to go to court. They were in a spot that they always hide and i always sit 10km/h under the limit all the time going through and was over taken by a car flying around me.

    All help is appreciated, thank you
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Brendo,

    Police should have a speedometer reading with the corresponding licence plate number. If they don't, and they don't have another way to match your car to the speed reading, then they don't have a case.

    Did they issue you with a speeding ticket?

    Do you know if they have any proof connecting you to their speedometer reading?

    If you believe you were not speeding, then you can certainly challenge them. It should tell you how to challenge a speeding ticket on the back of the ticket or when the police issue you a notice. Otherwise, you can wait until the police challis you to court, if they decide to do this, and challenge it as your defence.
     
  3. Sophea

    Sophea Well-Known Member

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    Dear Brendo,

    As Sarah J said, road authorities need cogent proof that your vehicle was in fact travelling at the alleged speed, in order to successfully fine you. When police charge you with speeding it is only an allegation. If they do not have adequate proof, you can challenge the ticket in court and the police are required to prove all elements of the charge, you are not required to prove your innocence.

    Time within which to elect to challenge ticket
    You can elect to go to court whether or not you have paid your fine. If you have not paid it you can elect to go to court any time up until the due date of the penalty reminder notice. (the notice you get after you haven't paid the initial ticket).

    If you have paid the fine already you have up to 90 days after the date of the original penalty notice to elect to go to court to dispute it.

    How to elect to go to court
    There are 3 ways to do this:
    (1) fill in the online form and send it by post to State Debt Recovery office
    (2) fill in the online request at http://www.apps06.osr.nsw.gov.au/mypenalty/Authentication.jsf#form
    (3) write a letter to the State Debt Recovery Office expressing your election to go to court, including information such as:
    • the penalty notice number
    • your full name and contact details (address / phone number)
    • your date of birth
    There is more info on this on the NSW office of State Revenue website.
     
  4. Owens Lawyers

    Owens Lawyers Well-Known Member

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    Depending on how much time you have to elect to go to court, I would contact the officer who charged you and see if theY had in car video (ICV) in the police car. If so, then you can ask to view it and see if it looks like you were speeding.
     
  5. Brendo!

    Brendo! Member

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    Ok thats the issue, this was quite a while ago and I had asked to have it put on hold as I was advised to and was told I could challenge it anytime yet SDRO seem to be the most challenging people to deal with, I did receive a ticket at the time as well. I'm unsure to whether there cars would pick it up as they were standing behind a pole with a radar (usual spot) and cars in ajoining street. I purposely stopped close to infront of car so that if an issue it was to be picked up by in car cameras but I was moved further up and threatened by the police, ( heavily intimidated by two of them )
     

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