Just got caught speeding, but wasnt speeding. please offer advice????

xtreme · 23-04-2009, 11:51 PM

Hey guys, i have a bit of a story (this is in victoria)....this all happened about 30 mins ago.

i was just cruising along in a 60 zone at the speed limit. i got pulled over by an angry cop, who allegedly booked me doing 25k's over the speed limit. i argued and denied it....I asked to see the radar, and he told me he didnt use the radar. he said he was just following me and read my speed off his speedo.

he then had a quick look at my liscence, breath tested me and told me i would get a fine in the mail, for doing 20-25k's over.

i told him i would see him in court, and he just snapped back and walked off.

He never took my liscence to his car, had no radar reading of my speed, and didnt issue me a fine on the spot, and had no one else in his car.

Any advice would be great (for or against me)

I have heard that cops need to have your speed registered on a radar, or you cant get a fine. Are they allowed to issue fines without having any evidence, and literally telling me that it i just "his word against mine", and that i just have to accept it???

Also, do cops send out fines in the mail? cos i hav always been issued fines on the spot....

svo347 · 23-04-2009, 11:55 PM

I have a brother in law in the force, i asked him the same and he assures me (in WA) that the fine must be given on the spot, you must be shown the speed on the radar. I just asked him on msn

xtreme · 23-04-2009, 11:57 PM

thanks, i was hoping that....i hope it is the same in VIC

futura97 · 24-04-2009, 12:00 AM

Yeah I've always been issued on the spot fines, only ever had fines sent when caught by multinovas.

I think you have a pretty strong case... When and even if you get the fine in the mail take it straight to court and you can almost guarantee the case will be dropped.

Good luck mate

DayTE · 24-04-2009, 12:01 AM

Write a letter to the Comissioner explaining everything. Date's, time, places, everything that was said, what you have just told us etc...

And as you said perhaps be prepared to take it to court.

Or wait it out and see if anything actually turns up. If he didn't take your licence or give you a fine on the spot, I can't really see how you can be booked later on. Unless there was a camera along the way somewhere. And if you weren't speeding you shouldn't have a problem.

He may of just had a bad day and decided to take it out on you????

But I do believe they can follow and book you for speeding if they have no radar. I have read this on a police website, but different states different rules.

Good luck with it though.

Stattic · 24-04-2009, 12:03 AM

yeh he was probably just ****ed off and thought hed make your day crap too because he didnt like you or your car. you probably wont even hear about it again, he just thought itd make him feel better to have a dig at you

xtreme · 24-04-2009, 12:06 AM

lol. thats what i was thinking. i got the impression he was having bad day. probably coming off a 14 hour shift of highway patrol or something. lol. thanks for your opinions

ashbilt · 24-04-2009, 12:14 AM

dont worry mate you wont get anythin in the mail he just a knob tryin to scare ya, you'l be fine.

bloggs24 · 24-04-2009, 12:37 AM

This whole on the spot fines topic... does this apply only for speeding offences? I got pulled over for an rbt, but realised i didnt have my license on me, they checked my details to make sure i have a valid drivers license and all checked out ok, but the guy still said his giving me a ticket as a warning not to forget it again, but not to worry as i wont lose any demerits, its just a fine i gotta pay, but instead of giving me it there, he said ill get it in the mail... its been about 2 weeks now, should i stilll expect it or do ya think it was just a warning? NSW btw.

azaxr8 · 24-04-2009, 12:42 AM

bloggs24 probably just a warning.

5tumpy · 24-04-2009, 01:01 AM

If you get pulled over, and the cop doesn't issue anything on the spot, 9/10 you're in the clear...

Had a few mates get picked on as p platers in hotted up ricers in the same way the OP describes, only one of them ever got anything in the mail as a result, and that was an EPA notice...

Personally, I've been pulled over for doing a u-turn at where there was a no u-turn sign (was lost and didn't see the sign) got the same thing, jerk cop told me I was getting the fine in the mail... But I never did...

I say don't stress about it until you actually get the fine in the mail... Then object to it, write to the commissioner, take it to court etc...

purple78te · 24-04-2009, 01:59 AM

sounds like he just had a bad day and decided to take it out on you. did you take note of his name or badge number?

wingTS · 24-04-2009, 03:37 AM

Try this link

http://www.legalaid.vic.gov.au/756.htm

z80 · 24-04-2009, 03:51 AM

You need to send the form to indicate that you will be contesting it.

When you do that it will be reviewed by the police prosecutor and i bet will be withdrawn.

They always assess the prospect of a conviction...versus time wasting.

Do nothing, just send back the form.

They have no case...it will not go ahead.

of course that's if you're telling it like it was, without sanitizing the facts...

jaimex2 · 24-04-2009, 04:10 AM

Sounds like something out of a TV prank show, you're fine though. Appeal the infringement if a letter comes, it'll have the address to appeal on it and say what you wrote to us.

You wont have to take it to court, it'll get cleared right away. What street and time were you at?

OLDFORDNUT · 24-04-2009, 08:09 AM

Police do not need a radar reading to book you ,ive had a conviction in court when a Policeman said to the judge (I estimated he was going at least 20kmh over) i argued i was not and Judge told me that as a police officer i would think he would have a good idea as to how fast you were going and then found me guilty and fined me $300 back in 1994,
Also to the guys here who say they have to issue on the spot,your dead wrong(or at least in QLD) Young hot head around the corner from me had a fight with his wife last month and took off in his car fast,just as the cop two doors from me was out the front seeing what all the yelling was and watched the young guy spin the wheels around the corner, he went and issued a ticket to him for undue noise,and dangerouse driving two days later

xxxxaxxxx · 24-04-2009, 08:52 AM

Quote:

Originally Posted by OLDFORDNUT

Police do not need a radar reading to book you ,ive had a conviction in court when a Policeman said to the judge (I estimated he was going at least 20kmh over) i argued i was not and Judge told me that as a police officer i would think he would have a good idea as to how fast you were going and then found me guilty and fined me $300 back in 1994,
Also to the guys here who say they have to issue on the spot,your dead wrong(or at least in QLD) Young hot head around the corner from me had a fight with his wife last month and took off in his car fast,just as the cop two doors from me was out the front seeing what all the yelling was and watched the young guy spin the wheels around the corner, he went and issued a ticket to him for undue noise,and dangerouse driving two days later

Yep this guy is right happened to me ...no radar said i was doing 89 in a 60 and would mail out a fine ..said i was lucky to keep my lisence i told him it was bs as he had no proof...he just goes"take it to court then hahaha" any way i was speeding so paid up and got over it but the point is yes they can do it....

:

efgiar · 24-04-2009, 08:56 AM

i was pulled over and not givin an on the spot fine, 2 months later i recieved the fine and 3 points

edit: but then again... ive been pulled over and said i would get a fine and i never recieved it...

Macca23 · 24-04-2009, 09:09 AM

I had the same happen to me, almost.

I was moving faster than the 2 lanes everyone was in. The 3rd lane with almsot no traffic. I was traeling at 70ks in a 80zone the rest of the traffic was doing 50 or so. All of a sudden police fly up behind me so I pulled over. I got simlar speech (they wernt angry though). Said that I would recive a fine in the mail and they caught me speeding. They had to speed to catch me

: (which to me is obvious That they would have to) asked to see the speed I was doing, they couldnt show me as they didnt have a camera!

Nothing ever arrived I. I wouldnt worry either. Good luck!

Loosecannon · 24-04-2009, 09:22 AM

I have had a cop "guesstamate " speed , no radar etc back in the 80's, I didn't realize they so skilled!! a human speed detector!! just another way to raise revenue, noise I think has a big influence on how fast somebody could be going ( when the filth is guessatamating speeds)

I told the cop, what I thought, and that I hope the money goes toward fighting police corruption

SE Ute · 24-04-2009, 09:56 AM

I'm in Vic, and have received an infringement notice in the mail after being pulled over. Arrived a few days later, think the cop must have been in a hurry or on his way somewhere when he got me. He did take my licence to the car though, presumably to record the details and check my record etc before he let me go. If he didn't take the details from your licence though, i think it'd be pretty unlikely he could remember your particulars to fill in the form back at the station.

xtreme · 24-04-2009, 10:02 AM

thanks guys. I am hoping for nothing to come in the mail, as i am not looking forward to having to waste time going to court etc.

I havnt changed my story at all, im telling it exactly how it happened. What makes it worse is the cop was like 400m away from me when he put his lights on to pull me over, coming up a big hill.

he said to me "you were speeding for sure, which is why you put your brakes on as soon as you saw my flashing lights"....I argued back that the reason i put my brakes on is because he made me pull over on the spot.

This happened at 10:00 pm last night on Hull Rd in Mooroolbark. I am thinking he saw me come through the set of roundabouts and saw my mag wheels as i passed the cop shop.

I got no name or badge number. im sure i will get those if i get sent a fine though.

Fev · 24-04-2009, 10:12 AM

i wouldn't say its necessarily a bad thing. Without actually costing people money it lets you know and the traffic around you know to not break any rules instead of actually issuing tickets for every little thing. Have most of these stories been on main roads? i wouldnt be surprised. Knowing the cops ARE there is a much better deterrant then knowing IF you get caught you'll get a ticket.

The same thing has happened to me - cept about 3 cop cars showed up as it was change of shift right next to maccas 24hr lol

DoreSlamR · 24-04-2009, 10:14 AM

If you take it to court, make sure you cover your bases.

Slightly on topic these two vids are worth a watch:

http://www.youtube.com/watch?v=i8z7NC5sgik
http://www.youtube.com/watch?v=08fZQWjDVKE
http://www.youtube.com/watch?v=44-GSZofXIE

There's a lot of unrelated stuff in there but it is good watch though.

Shame we can't just plead the fifth

:

TZENU · 24-04-2009, 10:48 AM

Had a similar incident happen to me 6 years ago when travelling home from Uni, was heading along Sawnsea road and approached the York Rd roundabout, crossed the rounabout at about 50k (its a damn big roundabout) and about a 1km up the road a cop pulls me up and told me i was doing 100k through that roundabout (in my xf.... I wished my car would handle that well) and said i would be getting a fine in the mail.. (didn't get one though!).... It must be something about that area!

FPV8U · 24-04-2009, 11:16 AM

I won't go into details but i know for a fact they can estimate and get conviction without a Radar, and that estimate was from as far back as 700m+ at night...

4Vman · 24-04-2009, 11:28 AM

So much mis-information here, Police have been able to convict quite successfully off "estimated" speed since day dot, why do you think they have special calibrated speedo's...

futura97 · 24-04-2009, 11:39 AM

And I would bet that if a lot of people who got caught speeding by "human radar" took it to courth, 90% at least would be able to get off, if they had a good defense lawyer or if they had done some good research.

I've taken a dangerous driving case to court and won - this should be a walk in the park if it comes to having to go to court.

Cheers

4Vman · 24-04-2009, 12:41 PM

Quote:

Originally Posted by futura97

And I would bet that if a lot of people who got caught speeding by "human radar" took it to courth, 90% at least would be able to get off, if they had a good defense lawyer or if they had done some good research.

I've taken a dangerous driving case to court and won - this should be a walk in the park if it comes to having to go to court.

Cheers

Yeah good luck with that, not everyone will spend a couple of $grand defending a $150 speeding ticket.....

z80 · 24-04-2009, 01:08 PM

If you take it to court you have to do better than

"no I wasn't speeding...nah...nah...nah"

you need to use the right language.

"Your Honour,as I approached intersection xyzabc, I noticed on my periodic check of my speedometer that i was travelling at xxx km/h"

"The day after the infringement was issued i had ocassion to pass the overhead advisory speed check device on xxx road, I noticed that my speedometer was displaying the correct speed."

A magistrate told me that in the Geelong magistrates' court, he said in open court that if i had that in affidavit or stat dec form that it would have added considerable weight to my argument.

In the end i still lost cause i admitted to being at least 1 kilometre over the speed limit...not the 25km/h as alleged.

i still got a fine, however reduced, and no demerit points as a consolation.