tig Donating Members 735 Member For: 17y 3m 8d Gender: Male Location: kenthurst, Sydney Posted 26/03/10 10:24 AM Share Posted 26/03/10 10:24 AM Off to court on 15th April to fight a speeding ticket.Travelling at 60kph in a 60 zone and saw the police in the distance (approx 300mtrs) was watching my speed and as I had it set on digital readout it is pretty easy to keep speed in check. As I approached police I was pulled over. Unfortunately they say I was doing 80kph. At this point I got out of my car to discuss and flat out deny it with them as I knew I was not travelling over the speed limit,but to be expected I was told to go to court if I thought I was not speeding. Their vantage point was obstructed by trees over the road and power lines so I went back and took photos of this looking from where they say they were holding the lidar. I also used my measuring wheel and put some stakes at various (20mtr)intervals with yellow tape and took some shots of that so when I go to court I will be able to show what line of sight they had at the distance they claimed they registered my speed. I have kept all 12 points for 7 years which is not too bad a record so hopefully it will help and it will cost more than the ticket is worth to appear in court but it is a bit hard to swallow when you know they are wrong, I accept that the Lidar units are accurate if calibrated, however who knows how shaky or unsteady the highway patrol guys hand was at the time. Anyway its not a major issue but just bloody annoying. Link to comment Share on other sites More sharing options...
NB4C Member 328 Member For: 15y 9m 29d Gender: Male Location: Sydney Posted 26/03/10 10:48 AM Share Posted 26/03/10 10:48 AM I wish you luck, sometimes it's the principle, you have to stick up for what you believe is right. Link to comment Share on other sites More sharing options...
Craig. Member 563 Member For: 17y 7m 24d Gender: Male Location: Sunshine Coast QLD Posted 26/03/10 11:27 AM Share Posted 26/03/10 11:27 AM Good luck with it mate. Take it to them! Link to comment Share on other sites More sharing options...
pharkit Donating Members 251 Member For: 17y 4m 7d Gender: Male Posted 26/03/10 11:59 AM Share Posted 26/03/10 11:59 AM I did a heap of research online into this a while back and usually it doesn't conclude favourably for the motorist. There's a lot of traffic lawyers who take advantage and drum up hope for the motorist for no other reason than money. There's several guidelines highway patrol are meant to follow when doing speed checks (not using them when it rains; while their vehicle is moving; on a steep hill; when their field of vision is obscured), but it doesn't matter. Pointing out all the things the officer was doing wrong doesn't mean you weren't speeding. And like it or not, magistrates typically aren't impartial with these matters. They've usually made up their mind before you've opened your mouth. At the end of the day, the cop and the magistrate are both paid by the same employer. Road Traffic Law "Q&A" - Motorcycle Council of NSWAlso, I tried to see if there's anyway you can subpoena an officer into providing a read out of the lidar since that shows the speed, time, date and distance of officer to your vehicle; but I think there's no way you can?? If this is the case then it's criminal. There are now some cases in victoria where police have been fining motorists falsely by showing them 'retained readings' (readings from someone caught previously) and booking them accordingly. Drivers disputing speeding fines - Today Tonight The readings from the lidars should be uploaded to an independent server at the end of each shift in case the motorists chooses to dispute the fine.Either way good luck. Link to comment Share on other sites More sharing options...
azasturbo Member 206 Member For: 15y 9m 29d Posted 26/03/10 12:17 PM Share Posted 26/03/10 12:17 PM IB will be along shortly to tell you that you have no hope of fighting it, you were wrong they are always right etc. Link to comment Share on other sites More sharing options...
trevs Member 781 Member For: 17y 6m 22d Gender: Male Location: balmain Posted 26/03/10 08:33 PM Share Posted 26/03/10 08:33 PM IB will be along shortly to tell you that you have no hope of fighting it, you were wrong they are always right etc. Link to comment Share on other sites More sharing options...
ZAP No boost, no bottle, just my foot on the throttle! Lifetime Members 7,935 Member For: 20y 8m 29d Gender: Male Location: Sydney Posted 26/03/10 10:17 PM Share Posted 26/03/10 10:17 PM Tig all I can say in prepearing your defence is do not question the accuracy of the LIDAR.a few things you need to find out are:Was the LIDAR on a tri/mono pod when being used?What distance was your reading obtained ?Was the cop trained and licensed in the use of the LIDAR and for how long has he been using it?Find out the date the LIDAR unit was last certified.In NSW the LIDARS are Kustom Pro Laser III only.These are a few places that can help:Kustom PL3 Link to comment Share on other sites More sharing options...
cobramad Member 824 Member For: 19y 3m 25d Gender: Male Location: Perth Posted 27/03/10 06:26 AM Share Posted 27/03/10 06:26 AM Hey Tig,Go to www.radars.com.au, there is some information that may prove useful for you in fighting this crappy charge. Ive been done speeding before and I know when Ive been done and cop it sweet, but am always ready to stand up for myself when I KNOW I wasnt speeding. The system makes many unrealistic assumptions, such as the equipment being infallible, the operator following all procedures to the letter etc etc. You've been right to gather as much evidence to present in court, every bit stands to help your position. Fc#k it, drag the C*n$table to court for a day and make him present his facts before the magistrate... Ive known of friends who have turned up with their evidence only for the cop to be a no-show or turn up with SFA, and have the charge thrown out, with costs awarded against the Police Dept... Go for it and I wish you all the luck in the world mate!Mal K Link to comment Share on other sites More sharing options...
Mat Donating Members 2,930 Member For: 17y 6m 30d Gender: Male Location: Caracciola Karussell Posted 27/03/10 04:02 PM Share Posted 27/03/10 04:02 PM Sounds like you are genuinely in the right and IMO many people claim they werent speeding but none of them actually do anything to prove their beliefs..I strongly believe if you do the crime, you do the time (as my 30+ speeding fines suggest..) but if I didnt do the crime, I'll do everything in my power to bring those people down. Link to comment Share on other sites More sharing options...
hypnodoc It's All In Your Mind Gold Donating Members 2,198 Member For: 21y 14d Gender: Male Location: Melbourne Posted 28/03/10 01:17 AM Share Posted 28/03/10 01:17 AM What Tig? Surely you must be mistaken. The NSW Police, or any state Police for that matter would never ever do this. They never make mistakes, are not interested in revenue raising, and always listen to your side of the story The Policeman is always your friend until you turn 16, that's what I tell my kids.Join the other countless 1000s who have copped this same nonsense. Just pay and let it go, or a lawyer will cost you twice as much. Link to comment Share on other sites More sharing options...
Recommended Posts