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Malicia
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Location:
Canberra
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May 2002
Legal Gurus Tue, 03 August 2004 19:42 Go to next message
Last night I was pulled over for doing 100 in an 80. BUT I saw the cop behind me so I was watching my speed and the speedo was on abomut 75 so it looks like the speedo is out.

Luckily I knew the cop and have quite a good repor with the local station as we deal with each other alot being in security and all, So I was given a warning. Thank god or byebye licence.


My question is this:

On my way to work I pass through 4 speed cameras and if I was doing what I though was the speed limit going by the speedo but really 20k's over I'm gunna get hammered. The car I was driving is my brothers which he baught last week from a second hand car yard.
If I loose my licence dew to this dodgy speedo do I have grounds to sue the car yard for lost wages and stuff like that, as I will not be able to work as a patrolman without a licence??

[Updated on: Tue, 03 August 2004 19:58]

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Dodgy_Haro
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Re: Legal Gurus Tue, 03 August 2004 21:36 Go to previous messageGo to next message
I believe the law is that even if you're speedo is out, it doesn't change the fact you were speeding and yes, you will be liable.

I got caught going through the same speed trap twice on the same day going both ways (you'd think I'd see the trap the first time) and ended up paying for both offenses.

Highly unlikely but you could argue it in court however not sure of your chance of success ... Confused
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peewee
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Re: Legal Gurus Wed, 04 August 2004 04:16 Go to previous messageGo to next message
if you get done on all 4 cameras you might be able to apeal it down to 1 fine. in adelaide not long ago i think there was a case where someone got done like that, but contested it and the court ruled that he was only liable for 1 fine as there was only 1 offence committed
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ae86drift
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Re: Legal Gurus Wed, 04 August 2004 04:54 Go to previous messageGo to next message
i think if they sold you a dodgy car with a speedo out
then isnt it their issue
how are you to know?

does it have 20inch chromies on it? Wink
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SIMDOG
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Re: Legal Gurus Wed, 04 August 2004 05:05 Go to previous messageGo to next message
Is a properly calibrated speedo a road worthy item? If so, the car yard sold you a car with a fraudulent road worthy certificate. ILLEGAL!
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improvedae86
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January 2003
 
Re: Legal Gurus Wed, 04 August 2004 05:15 Go to previous messageGo to next message
Get the speedo quickly checked , and a print out of the reading . Might come in handy later if you have to go the court.
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lumpy
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May 2002
Re: Legal Gurus Wed, 04 August 2004 05:40 Go to previous messageGo to next message
Malicia wrote on Wed, 04 August 2004 05:12

The car I was driving is my brothers which he baught last week from a second hand car yard.



Then it sounds like your brother has got a few speeding fines coming to him. What was the problem again? Laughing

It's a very tricky question - you were sold a defective vehicle (probably an offence), but then you were driving a defective vehicle (another offence), and speeding (yet another offence). The only winner here should the situation go to court is the Govt. Get the speedo checked/certified that it is out of calibration as the first port of call.
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Cool1
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I supported Toymods
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Re: Legal Gurus Wed, 04 August 2004 06:35 Go to previous messageGo to next message
I can tell you now that if you try to appeal the fines on the ground that the speedo is out, you will be slapped with a notice to have your car over the pits and you will be paying another fine for having an roadworthy car.
A road worthy cert supplied by a car yard covers the car at the time of purchase. It is the responsibility of the driver(not owner) to make sure the car is roadworthy before the car is driven.

Been there done that Confused
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Cool1
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Re: Legal Gurus Wed, 04 August 2004 06:36 Go to previous messageGo to next message
Oh and speedo check is not part of a roadworthy check Sad
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Toobs
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December 2002
 
Re: Legal Gurus Wed, 04 August 2004 10:17 Go to previous messageGo to next message
Go get your speedo calibrated.
You can even call the cops and ask who they use to calibrate their highway patrol cars speedo's.

I am sure you'll find that if the speedo is found to be out and you can show that as soon as you discovered that it "may" be out you went to have it checked you will get the fines dropped in court.
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Malicia
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Re: Legal Gurus Wed, 04 August 2004 10:41 Go to previous message
Sad Sad Sad

Will be keeping a close eye on the mail for the next few weeks!!
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