93 in 60 Zone, Speed Reading Please.............

[Turbo4wdTX3]

dodgyd, hey thanks again for some great help.

I love your stall tactics.

The NRMA witch told me that if you elect for court on the back of the infringment, then you have to go. It used to be the case (according to her statement) that you could elect to go to court and whilst you waited for a hearing you could get legal advice. Then bar court and pay the fine several months later.

Any other stalling tactics you know of?

I'm not to sure about the 150m thing. The cop could just say that I was flatout thru the roundabout (which would be a lie) and that I was doing the claimed speed. To which I mr citizen would say Fuc% Off you lieing prick, which would then result in a guilty verdict. (just a thought)

How do you mean not finalised? or proven? I thought that it was guilty until proven ( you have paid for your lawyers last five payments on his bimmer? ) in this country.

What are some stall tactics for the neg ticket? same as for the speed ticket?

Cheers

ps... have got picks on my computer of the area in question...what size should I make them. And how do you post on this forum?

[Turbo4wdTX3]

pays to read yourself

[Turbo4wdTX3]

Hope this pic isn't too large. Downsized it to 252K. If its too big then let us know and I will repost at 100k or so.

At the top left of the image (white car parked on shoulder) is the location of the police officer. And I was travelling with flow of traffic at 4:30pm (more traffic than this photo taken at 4pm)

[Turbo4wdTX3]

And here is the second image. Looking towards roundabout (as officer would have been).

I was about level with the white van when I slowed and changed into the left lane to pull up at kerb.

(I had plenty of people hitting the anchors this afternoon, taking photos gave drivers a reason to slow down until they realised I wasn't a revenue collector.)

I have measured the distance three times, and its very close to 300 metres long.

[dodgyd]

The best way to stall is the same for any type of infringement and in my experience is:
1. wait until the first reminder notice (generally 8 weeks after the initial infringement),
2. write a letter to which they will reply (4 - 8 weeks)
3. Don't acknowledge their reply until the State Debt Recovery Office send their letter with an additional $50 fee (4 - 5 weeks)
4. Reply 27 days later with another letter stating that you did not receive a reply to your initial letter and include the letter again.
5. They will then reply with "we will investigate to the whereabouts of your letter" ( ??? weeks).
6. Then you will have 28 days to decided to take it to court or pay up.

My girlfriend was fined in a Transit lane on the 22 Dec (even though she was turning left, the cop didn't ask but just wrote the ticket and then after said "you should have said you were turing left before I wrote the ticket") and currently she is at the "we are investigating to the whereabouts of your letter stage"

You risk being charged the extra $50 for letting it go to the state debt recovery office but you have to decide if it is worth the gamble.

Then to stall some more you can fill out the court election which will cost you an additional $50, but only if you lose (I think it is still $50) and the court date will take a few months. By then I hope you will have solved the speeding issue. There are ways to stall in court as well but whether they are legal or morally correct is another issue altogether.

I don't know for sure but I thought if you haven't paid for a infringement then is not 'finalised' and therfore you are not guilty of the offence yet and it can not be held against you, (innocent until proven guilty, or is that just on TV?)

The first photo seems like it is the best one to support your claim as in the second one the road looks long enough to reach 200 km/h plus! Perhaps the honesty / witness approach with or without representation is the way to go as I don’t think the numbers will stack up.

[monarodevilyel]

To give you an idea of how long stalling can give you:
October 2002 burnout infringement. sent off T.I.N electing court, didn't arrive so I got a reminder, elected court on that one.... got a guilty/not guilty option for court. I filled in not guilty and sent it in. Got my first court date, turned up without a lawer all ready to go but the cop wasn't there. Prosecutor asked for an adjournment to which I objected and moved for a dismissal. Magistrate said if the cop fails to appear next time then he would dismiss, and no excuse would be good enough. Used my solicitor on the next court date but still lost, September 2003, ie 11 months and that was without trying to delay.
Apart from delay tactics prior to court, you can delay court dates by requesting an adjournment when they send the court date out. Not sure how many times this can occur though.
Only after the guilty finding did the points hit.. So I went 11 months without the points, then they hit and already 11 months of the 3 years are gone, this could mean the difference between staying under 12 points or not....

[jimmythe7th]

mate you would not beleive it i got done 94 in a 60 zone at ballina as well pissed off happended today went on to pf to see if there is anyhting i could do about it. Thought it would have been around 80. It was coming out of a small country town and I was speeding up yes I was in a sixty zone but by the time i stopped i was past the 100kph sign. I also have a clean record but have no witness i was by myself.

Ive got my ticket with me and it does not even have the name of the cop who boooked me just a crappy signature I cant beleive police dont put their names onto tickets they give.

[jimmythe7th]

Also just a thought could some of the guys that know about speed tickets write up questions you can ask a cop for different states eg QLD, NSW, VIC (make it a sticky or something would be very handy BTW im not going to make a habit of speeding) when you are pulled over if the cop can use the law we should be able to as well. As it was my first time pulled over I was pretty shocked and really didnt say anything or know what to say.

My car is a stock standard daihatsu applause btw if that means anything might be able to play the inocent nerd to the judge. Also i live in QLD does 4 NSW points = 4 QLD points because im on my p's thats my lisence gone.


cheers james

[dodgyd]

I am not sure whether this is true or not but I heard that a NSW cop cannot take points off a QLD licence (or it might be ACT, I can't remember).

A few years ago I got photoed doing 122 km/h on a 100 km/h freeway in Perth. I was on my P plates (but not showing them on the car) at the time and thought that I would lose my licence as the legal limit for a NSW P plater was 80 km/h (but 90 km/h in WA). Anyway I received a $75 fine in the mail for being 22 km/h over the limit which I promptly paid. A few months later I received a call form a WA cop who asked for my licence number, I told him and never heard about it again. This was in 1996 and I never lost any points.

I think they may have fixed the interstate loop holes but if you will be off your P's in the next 12 months, start stalling!!

Questions to ask:

Name or badge number?
Exactly what speed you were doing?
Exactly where they saw you speeding?
What equipment did they use to measure your speed?

All these will help you if you decide to challenge it. I am sure there are more questions but be polite as I don't think they have answer any questions except for their name. Two of my friends are NSW cops so I will try and find out more.

[jimmythe7th]

I dont get off my p's till 26-11-2005 so i doubt i could stall it for that long. Thanks for your advice its sad that they dont have to answer questions any other job you would have to. BTW police have a hard job and do it pretty well most of the time im not a police knocker but a level playing field would be nice. Also I called queensland police about points and all points are equall in states eg 4 NSW point = 4QLD point. The crap thing is if I want to challange it in court I will have to do it in NSW and I live in the gold coast. I admit I was speeding but not 94 I want to get it droped to 80 which I beleive I was doing so i can keep my lisence.

Also looking at my ticket the speed was taken with a radar gun can i work with anything there. Also the ticket states my car is silver its is clearly a green colour not silver. I also have a change of address on my lisence the police officer took my lisence and asked if the sticker on the back was my current address and I said yes. When I received the ticket he had written my old address on the front of my lisence the change of address box has not been ticked when I clealry said the sticker on the back was my current lisence.

cheers james

[dodgyd]

I think you are on a winner with the two mistakes on the ticket. If he can make a mistake with the colour and address are you sure he wrote the correct speed on the ticket. Were you doing 94 or 84 km/h?

26-11-2005 is a long time to stall so I guess your options are todowngrade the ticket or buy a bicycle.

[Turbo4wdTX3]

dodgyd, thanks for your reply. I haven't been online for a few days, good to find such a detailed response.

I will follow your advice and stallllllllllllll all the way.

"the road looks long enough to reach 200 km/h plus!" what the hell are you driving? On second glance, I guess it doesn't look to convincing.......

The angle of using distances is not a winner then. Maybe to argue the traffic density and flow of traffic? I'll work on it, just got sooooo much else to deal with at the moment.

monarodevilyel, interesting case. I don't a have a problem with points, just with being served the incorrect ticket and punishment that comes with this mistake.

jimmythe7th, Sorry to hear you had the same treatment. Its comforting to have a forum to seek advice and an understanding ear.
I do believe it..... Ballina is where i live, and I see cops pulling people up all the time. And I'm sure they "up the speed" all the time. Unfortunate, did the guy have a mo? (because that's hitler, and he'll do you for not indicating). Sounds like a real idiot anyway, attention to detail nil.

Check out the photos of him defecting my car last year at:

http://board.performanceforums.com/f...eadid=67156066

Cheers

[jimmythe7th]

yeah im going to start to write a letter in the next few days and try to down grade the offence to 84km/h. the id plate on my car say's its a green paint so im gunna take picks of my car the id plate picks of the front and back of my lisence and send that along with my letter. My letter will go along the lines of bellow draft excuse spelling mistakes

I was driving through an unfamilar area and was just coming out of a small town when I decided to accelerate as I though I was no longer in the built up area. Whilst acclerating I noticed a ploice car in my rear vision mirror and immediately checked my speed the needle was resting just on the 80km/h mark when I looked up I saw a sixety sign and realized I had been speeding.

I then looked for a suitable place to pull over by which time I had past a 100km/h sign. I realize i was speeding in a 60 zone and prepeared to take the appropiate offence i beleive I was only doing 80km/h.

The officer then walked to my car and checked my lisence fliped it over and asked if labrador was my current address to which i replied yes that is correct. he walked back to his car then he came back breath tested me and handed me my ticket. As it was my first time pulled over for speeding i was quite shocked and didnt say anything then drove off.

Upon looking at the ticket in more detial when I got home the officer had put my runaway bay address after i told him my labrador address was my current residents. He also put the colour of my car as silver when it is clearly green. I have included pictures to prove the two mistakes above at then end of the letter. He also booked me at 94km/h I beleive i was only doing 80km/h. Given the errors stated above it is not unreasonable to suggest the officer read 94km/h instead of 84km/h and i would like my speeding ticket to match the 80km offence i beleive i commited. I also have a prefect record and this is my first offence I now realize i should always err on the side of caution when unsure of speed limits.

I am prepared the take the above matter to court with or without leagal representation.

Could future mail relating to my speeding offence please be sent to my labrador address as the addres the officer took down is incorrect and not my current address.

Regards


james

My letter will go along those line any input is appreciated.

Turbo4wdTX3 good luck with it doing this stuff really sucks.

[Turbo4wdTX3]

jimmythe7th,

i like you letter, sounds convincing to me.

You wouldn't believe it!!!! My girlfriend just pointed out to me that our car is three weeks out of rego! for real!!!!!! Lucky the stupid arse didn't check out our reistration sticker.

We have three cars to register in the same month, what a pain. The car (SP20) is also registered in QLD and I don't have a qld licence now......very lucky in a more ways than one.

[dodgyd]

Originally posted by jimmythe7th


I am prepared the take the above matter to court with or without leagal representation.

The letter is good however I would make two changes.

Firstly be more sure of yourself when saying you were only doing 80 km/h and secondly I would change the quote above to somthing along the lines of "It would be dissapointing if I was forced to take this matter to court to correct the mistakes made by the Police officer" or similar as it sounds less like a threat. Either way, good luck with it.

Also, I think the IPB can only throw the matter out completely or reject your letter. I don't think they have the power to downgrade the offence but it is worth a try.

Turbo4wdTX3

I can't get the link to work so I can see your defect photos, can you try to post the link again in this thread or does it work and I don't know how to use my computer properly (quite possible)