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Location:
Perth
Registered:
November 2002
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 Question about contesting a speeding fine
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Mon, 05 January 2004 08:45
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I got flashed today on the way to work, and I was wondering if I have legitimate grounds for contesting the fine. The camera was placed just before two lanes merged into one, and I had accelerated to overtake a slow moving vehicle before they did, and got flashed. Talk about a nice revenue raising spot.
Would that be fair enough grounds? The other thing I'm hoping is the dude's trailer might just have been covering my license plate, I'm hoping.
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Location:
Brisvegas
Registered:
June 2003
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Re: Question about contesting a speeding fine
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Mon, 05 January 2004 08:56
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in radar situations its handy to have a camera with you so you can jump out and take pics of where the van is siutated...there's a law somewhere that states they must have a sign displayed and cant bee seen as wantonly (sp?) hiding their existance
makes it soo much easier to contest as you have photograpic evidence.
failing that your best bet is to write to the disputes person that'll be noted on the back of the fine and plead your case
my 2c
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I supported Toymods
Location:
Perth
Registered:
May 2002
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Re: Question about contesting a speeding fine
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Mon, 05 January 2004 08:58
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This wouldn't have happened to be on Alexander Drive?
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Location:
Brisbane
Registered:
October 2002
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Re: Question about contesting a speeding fine
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Mon, 05 January 2004 09:09
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in the pigs eyes, there is NO excuse for speeding, except in medical/emergency situation,
i got out and took photos after getting pulled over, cop came up and said in a smart ass voice, "shoulda told me u were taking photos, i woulda smiled"
me in even smarter voice, "wasnt takin your picture.....MATE"
pig in shot down voice "oh"
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I supported Toymods
Banned User
Location:
Brisbane
Registered:
May 2002
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Re: Question about contesting a speeding fine
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Mon, 05 January 2004 09:21
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| gtman wrote on Mon, 05 January 2004 18:45 |
The camera was placed just before two lanes merged into one, and I had accelerated to overtake a slow moving vehicle before they did, and got flashed.
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Welp you just admitted you did something wrong so they'll throw the book at you and make you pay for all court costs and the fine!
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Location:
Perth
Registered:
November 2002
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Re: Question about contesting a speeding fine
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Mon, 05 January 2004 11:26
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| justcallmefrank wrote on Mon, 05 January 2004 16:58 |
This wouldn't have happened to be on Alexander Drive?
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Armadale Road
Cool1, what about when you are overtaking someone in a single lane. You obviously aren't going to go directly on the speed limit cause if you did it would take a long time to get past them, right? You speed up, overtake, pull in, and go the limit.
That's exactly what I did.
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Location:
Brisbane
Registered:
February 2003
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Re: Question about contesting a speeding fine
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Mon, 05 January 2004 11:38
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you can't 'legally' exceed the speed while overtaking. period, nadda.
if you admit that you were travelling faster than the posted speed limit it doesn't matter why you were doing it.
if you go to court arguing that you had speed to get infront before the lane closed off, the magistrate is likely to advise you that slowing down and pulling in behind the slower car should have been your only option.
and don't say that you weren't watching your speedo as that's admitting that you were'nt paying attention to your speed.
the only response to the ticket should be something like the dude+trailer was travelling under the speed limit and you passing it at the posted speed limit (or so your speedo read). But if you were zapping up the inside lane to get past the dude+trailer, then i doubt they'll buy it.
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Location:
Melbourne
Registered:
May 2002
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Re: Question about contesting a speeding fine
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Mon, 05 January 2004 12:38
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If you haven't had a fine in 3+ years and the speed is not great... sit down and pen a nicely worded letter asking to be given a warning instead...
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I supported Toymods
Location:
Australia
Registered:
November 2003
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Re: Question about contesting a speeding fine
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Mon, 05 January 2004 13:17
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Is there a chance the other car is in the pic with you?
Is the car registered in your name?
And make sure you go and look at the photo when it comes.
If you have long hair/goatie, shave it off
If not, grow it long
heehhe
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Location:
Perth
Registered:
November 2002
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Re: Question about contesting a speeding fine
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Mon, 05 January 2004 14:10
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yeah, I'm hoping the other car is cutting off my license plate, that would be very nice mannered.
I have had two speeding fines in four years and I don't think I lost any points on either of them.
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Location:
Perth
Registered:
August 2003
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Re: Question about contesting a speeding fine
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Mon, 05 January 2004 19:39
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yeah no matter what you can't go over the speed limit unless it's an emergency.
if your lucky and the other car is a tiny bit in the picture then you can contest and make them prove you were the one speeding 
Otherwise your screwed 
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Location:
Sydney
Registered:
May 2003
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Re: Question about contesting a speeding fine
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Tue, 06 January 2004 11:53
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| Cool1 wrote on Mon, 05 January 2004 20:21 |
| gtman wrote on Mon, 05 January 2004 18:45 |
The camera was placed just before two lanes merged into one, and I had accelerated to overtake a slow moving vehicle before they did, and got flashed.
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Welp you just admitted you did something wrong so they'll throw the book at you and make you pay for all court costs and the fine!
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not fi he was doing below the speed limit at the time he accelerated
its possible to accelerate from below the speed limit in thsi case to the speed limit to overtake in time i believe
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I supported Toymods
Banned User
Location:
Brisbane
Registered:
May 2002
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Re: Question about contesting a speeding fine
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Tue, 06 January 2004 12:56
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He would of been dangerous driving if he knew the 2 lanes were merging!
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Location:
New Zealand
Registered:
May 2002
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Re: Question about contesting a speeding fine
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Tue, 06 January 2004 20:16
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This may not apply since it was in NZ, but I will tell you my story anyway.
In NZ there were specific requirements on how cameras can be operated, what angles, visible from at least 50m etc. I got busted doing 128k in a 100k zone. I didn't try to argue I wasn't speeding I simply argued the camera was not operated in line with the regulations. He was hiding behind some shrubbery and was barely visible when you were right next to him let alone 50m back.
I wrote two or three letters back and forwards about it with the photo clearly showing the shrubbery he was hiding in. Got to the point where if I didn't pay it went to court (wasn't willing to risk $130 court cost on a $160 fine). Got a letter two weeks later saying yes we accept the camera was incorrectly operated, we see you have already paid the fine so we will issue a refund cheque. Just about had a heart attack.
Callum
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Location:
Perth
Registered:
November 2002
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Re: Question about contesting a speeding fine
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Wed, 07 January 2004 03:34
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| Cool1 wrote on Tue, 06 January 2004 20:56 |
He would of been dangerous driving if he knew the 2 lanes were merging!
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they where merging about 100 metres up the road, I don't practise dangerous driving when other people could be influenced 
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Location:
Perth
Registered:
September 2003
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Re: Question about contesting a speeding fine
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Wed, 07 January 2004 06:15
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i'll bet the "issuing officer" on the fine is FISHER too...
i think you just better hope that the other car blocked your plate, because 'speeding is speeding' in their eyes. and they want your money...
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Location:
Potts Point, Sydney
Registered:
October 2003
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Re: Question about contesting a speeding fine
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Wed, 07 January 2004 08:23
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if your're like 5-10k's over and its ur first speeding offence you can write them a polite letter saying "its my first offence...i try to be a good driver...never happen again" or some bullshit like that, its worked for both my parents and me. If it doesnt work they'll extend the 'pay-by' date so u dont have to pay it off for a bit longer
Thats my 2cents worth
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Registered:
May 2002
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Re: Question about contesting a speeding fine
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Thu, 08 January 2004 23:04
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There was a case in Vic I think just recently where the judge ruled that a guy on a motorbike HAD to exceed the speed limit in order to stop from being hit by another car....and the judge overturned the fine.
Here is a link.
http://carpoint.ninemsn.com.au/news/blankstory.asp ?ID=5511
I have sucessfully defended my last two offences in court and can tell you it's not impossible.
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I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
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Re: Question about contesting a speeding fine
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Fri, 09 January 2004 00:11
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yeah, it's a legal defence if you had to speed to avoid an accident.
the difficult bit is convincing a magistrate that was the best way to avoid the accident
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