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QLD Traffic Law - Contest Speeding Fines in Court?

Discussion in 'Traffic Law Forum' started by Mahi, 16 April 2016.

  1. Mahi

    Mahi Member

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    Hi,

    I am new to this forum. I have been pulled over by a police officer who was driving northbound and I was driving southbound of M1 near Gympie. It was midnight and raining a little. I was driving plus minus 90 as there were frequent changes in speed limits from 80,90 and 100 and I honestly missed that if its 80 or 90 or 100.

    The officer later told me that I was driving 113 kms/hr which I denied as I usually use cruise control but due to frequent changes in speed limit I wasn't using that. They sent me a ticket or speeding fine in the mail stating I was driving 115 km/hr.

    I've never been to court and know nothing about what to do and how to do it. It's a $549.00 fine with 6 demerit points.

    Points to note:
    1. It was midnight and that road has so many curves and it's not possible to drive that fast on that road. It was dark and raining (drizzling only) and the roads were wet.
    2. Officer wrote 115 speed on notice but told me it was 113.
    3. When officer asked me what was the speed limit there I said it is 80 or 90 as I was not sure. But even the officer didn't correct me (he might not have known what the speed limit is?).

    Are these point enough to contest the fine in court under Traffic Law? It's a huge sum of money for me. I do not much worry about points as I only lost 1 point in last 3 years.

    Thanks for reading. And thanks for your opinion and suggestions.

    Regards
     
  2. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Certainly contest it as you are quite right; the officer may not have known the correct speed limit and is just bluffing. Also, 115 sounds excessive if the road is curvy as you say.

    Did he show you the device he used to clock you? He is required to do so if you ask and many of them now show you the laser gun reading without being asked.

    Speak to a lawyer who specialises in traffic cases.
     
  3. Mahi

    Mahi Member

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    Hi,

    Thanks for the reply Ozwarlock67. The officer offered me to have a look on the speed in his car, I mean radar, which I said I don't want to see.

    Is going to a lawyer a good option, as this will cost me money too?

    Regards
     
  4. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    There are lawyers who will give you a free first consultation and tell you if you have a good case. Always, always ask to see the device the speed was measured with. If you don't believe you were doing the alleged speed and the road curving would not allow the speed, then you should ask questions.
     
  5. Clancy

    Clancy Well-Known Member

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    A court may take into consideration road conditions less favorable to a reliable measurement of the alleged speeding offense. But probably only if you have a very good driving history to back you up.
     
  6. Mahi

    Mahi Member

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    Thanks for all the replies. I just checked with google maps that it was a 90 kmph zone but I understand that it may be outdated. Where can I get the official information regarding the speed limit on a particular road at a particular point?

    Thanks for the help.
     

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