QLD Undercover bike and speeding infringment

Discussion in 'Traffic Law Forum' started by qwerty, 8 August 2019.

  1. qwerty

    qwerty Member

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    Was out for a ride in the mountains tonight, semi rural, no houses and pitch black, and spotted a figure hiding in the bushes on the side of the road. An undercover cop with unmarked bike, no obvious vest or indication it was a police officer. So i have sped up for a about 30 seconds before i notice police lights from behind so immediately pull over. He claims i had been over the limit on approach towards him, but has issued an infringement based on my speed as he followed me. I told him there was no indication he was a police officer, it was dark and looked dodgy so i sped up. The fact that i pulled up as soon as he lit up his lights and i knew it was a police officer indicated i wasn't looking to do a runner.

    So my first question would be, is this a valid challenge in court as you dont generally see dark figures staring at you at 9pm at night hidden in the bush on the side of the road. And secondly, since he could have issued an infringement on the original speed on approach (less than that when i was followed), if challenged in court, is the onus on him to prove the original speed if my challenge is successful on the speed when followed. Is the proof of original speed required on the physical infringment notice, or if challenged, will that original speed have been logged somewhere?
     
  2. Rob Legat - SBPL

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    You've got nothing. Pay the fine and get on with life.

    'Someone looking dodgy in the bushes' is no excuse for breaking the speed limit, and there would have been no reasonable expectation he was a threat to you anyway.

    While cops apparently have the ability to judge your speed by watching you approach (during the day with reference points, possibly - but at night with no surrounding markers, unlikely), that's asking for challenge. He probably suspected you were speeding, and was throwing the comment out there to see if you'd agree with it.

    When a police officer follows you to establish speed, this is a more credible basis. They're doing so on the basis that their bike has been calibrated with a chassis dynamometer within a certain period of time to establish accuracy. Then they can provide an affidavit showing the currency of the dynamometer test and swear that they followed you for X distance at a matched speed of Y as read from their speedo. This is a standard practice when a radar isn't used and courts will accept it all day long.
     
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  3. qwerty

    qwerty Member

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    Yes they are following you to establish speed without their lights lit up to inidcate they are coppers. He did throw out a suggested speed initially which i contested. Looking dodgy in the bushes - there is a reasonable expectation he wasnt a copper
     
  4. qwerty

    qwerty Member

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    And is the estimation of approach speed valid when there were cars behind me at the time?
     
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