What Are The Rules In Relation To

[Kimberley Scott]

To the fine ladies I and gentleman in blue on this forum. The following is a post on another forum I frequent, I have tried several different google searches but cannot find anything to my satisfaction maybe you could help educate us. I am not wanting to get into a sh*t fight, this is not me, but I would like to be enlightened please.

So on my way in to work this morning I was following a van that was doing 50ks on the right lane

no traffic infront of it. Left lane was clear so I indicated left and overtake, not sure what speed

I reached when I did it, but went back down to 60ish when I got past the slow van, only to have the

life scared out of me when a siren goes off right next to me... cops in an unmarked black

commondore SV6

The cop tells me I exeeded the speed when I over took and by his calculations I reached 80ks

I asked if he had me on radar ... answer "no" so how do you know how fast I was going?

answer from cop " I reached 80ks to catch up and matched your speed" WTF I say to my self????!!!!

I decided to play along and not argue.... I was fined $150

Can I contest this fine since the cop had no proof of the speed I did when I overtook the van?

Cheers

Scotty

[YPURV4]

I just lost my case in court for the same thing, "cop said I was speeding. I said show me the rader he said I was following you and clocked you off my digital speedo" so I was like sweet ill see you in court thinking this is a shoe in...... the lawyer of mine pulled out at the last minute and said plead guilty your gone I was like WTF.

Went to court and low and behold the judge said that's a legit way to clock a speeder and I lost my liecne for 3 months

Its a bull sht law as all the cop has to do is say" he clocked you with his speedo" when you could have done nothing and you would lose.

[seventytwo]

Traffic law, guilty until proven innocent and the judge will always take the word of a copper over a punter.

[Grudgee]

I can't see why a copper would pull someone over for no reason. No bias, I just can't see why they'd go out of their way to nab someone who'd done no wrong.

Tell your other forum mate to slow the f*ck down.

[jsmith]

I unfortunately got done for the exact same thing about a year ago. I knew I was speeding and admitted this to the cop who then told me I was going 10k's faster than I was (oh and accused me of almost causing an accident with a car that merged 3 lanes without indication and obviously not checking for other cars because I had to NAIL the brakes). Anyway, my cousin was a highway cop, rang him and asked his advise, he said the only things I can try and do are go into the cop station and ask to see any incar footage from it. The cameras are automatically turned on when lights/sirens are activated but can also be turned on by the cop. Anyway, got the screw around by the cop shop, decided it wasn't worth my time and effort and time away from the family business to pursue it and so paid the fine.

As has been said above, cops words are higher and more "respected" than us low life speeders and no judge will take your word over the cops. Tell him to pay the fine and be done with it, ESPECIALLY if he has had prior convictions.

This was all the advise I received from my cousin. Hope it helps.

[Iconic Bionic]

Traffic law, guilty until proven innocent and the judge will always take the word of a copper over a punter.

Completely untrue but it is easy to understand why the general community believe this. Im not going to touch the original post, other then to dispel some of the myths and ravings that is bound to follow.

A police officers word at court is most likely to be supported by other factors. There experiece at court and giving evidence, there expertise in a specific field, a clear understanding of the law they have enforced and the supportive technolgies they have used to charge or ticket the offender. Most defendants will not have any of these skills or knowledge base unless they are in a similar occupation or a legal practitioner of some kind. So it is not that police officers are believed more then the defendant, just that they are able to present to a court a far superior version.

Even with traffic matters, those that assert must still prove there case against you and they become very good at it.

PM sent.

I.B.

Edited 30/10/08 10:22 AM by Iconic Bionic

[Kimberley Scott]

IB, I am not after legal advice here, just some information, this forum I speak of, has every member and his dog dispelling out legal advice and telling members to contest, I understand exactely what you have said above and I would hate to see a guy losose time and money, following numpty advice of a forum. Is there anything you can offer in respect to this?

Scotty

[jetute]

just pay the fine... you wont win.

as for the estimating the speed... its all well and good for the police to say they are experienced at doing this.... but this is just bullshiat... estimating is just that "estimating" especially when speedos dont all read correct anyways

as for police promising to uphold and enforce the law... well most do... but there are always some who like to show how much 'authority' they have........ and these guys will always win in court too.

moral of the story... just pay the fine!!!!!!

[Iconic Bionic]

So says the first winger to offer nothing.

I.B.

[jetute]

WTF... hit a nerve did we

Edited 30/10/08 10:31 AM by jetute