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Not necessarily how they want, but you're right in that it would be more difficult to police if different drivers had different limits. The driver would need to display something indicating their experience (like P plates I guess), otherwise the police wouldn't know until after they'd pulled them over.don't see how its possible to give "experienced" drivers the discretion to drive how they want?
No, much more fun on winding downhill stretches of narrow mountain roads
The Y-man
From so many posts, I only found 1 or 2 person had the experience. It is simply suggesting that not many people have the courage to take on the cops. There are so many corrupted cops there.
I am curious to know what you were going to contest if you admit to going faster than 140 kmh?I was considering trying their services when i got a ticket similar to yours (doing 140 or so on a highway), but then decided to just pay the fine, cause i was doing more than i got booked for anyway, and it was in another state, so in the end it would cost me much more to contest it, than the actual fine.
- Inconsistencies in the location or time of the offence on the Police record
Request evidence of proof that the speed measuring device was calibrated, as law dictates, to the National Weights and Measurement Act 1960(?). Commonwealth legislation always overides state legislation.I really want to challenge it.
Do anyone have experience in challenging the police? what the consequence?
Many thanks.
The Analyst:
Lets look at the supposedly situation.
I'm driving an unmarked car at the speed limit. A vehicle then passes me exceeding the speed limit. Two options now follow. Option one is to hit lights and siren and issue a TIN for the minimal amount over the speed limits as I have only an estimate of your speed. 2nd option is too slowly accelerate until I'm travelling at the same speed and verify your speed by speedometer whilst also checking/using radar until I have the max speed registered.
When issued with your ticket and it also depends on the type of radar used there may be the speed of both cars registered including time frame.
There are a number of ways you can approach this through the courts but my best advise would be not to represent yourself if you have no understanding of court procedures or how to present evidence.
You can contact traffic operations or dept of prosecution and ask them for the information/details regarding your infringement.
On the day of proceedings you can ask to see the officers notes (not copies) taken at the time of infringement and detail of when radar and speedo were last calibrated. If any discrepancies then maybe you have a chance.
Personally the odds are stacked against you especially as you appear to have no clear indication of your speed or when the exact infringement occurred. There are too many possible variables for why you weren't pulled over immediately. They may have been waiting to see how much faster you would go, in shock from the total disbelief that someone just went passed them 30kmh over the limit, checking the details of vehicle to see if stolen or any out standing warrants against owner etc and the list goes on.
For those that love to go down the corrupt cop route, yes there are some but it is a low %.
Analyst you may be better off going and pleading guilty to lessen the fine and amount of demerit points, but have a good reason for why.
Request evidence of proof that the speed measuring device was calibrated, as law dictates, to the National Weights and Measurement Act 1960(?). Commonwealth legislation always overides state legislation.
As far as I am aware no speed measuring device is calibrated to this legislation, and many cases in Victoria have been put in abeyance by the courts on this point.
Perhaps a legal eagle could chime in on this point.
1. Request in writing that the police supply you with evidence of calibration of their speed measuring instruments to the Commonwealth Act. They cannot refuse.Thanks. This is one area I will be asking.
1. Request in writing that the police supply you with evidence of calibration of their speed measuring instruments to the Commonwealth Act. They cannot refuse.
2. Request that in court you are heard in Commonwealth jurisdiction. Generally the judge will refuse, which will give you grounds to appeal and use the Commonwelath Act.
3. Get in touch with your local community law resource group, that is constitution based, who generally know the real basic law and loopholes that most people do not know.
4. Remember, a judge is a judge. He/she is mediating, and making a judgement, between two (2) EQUAL persons - you and the police officer. Unfortunately, it generally does not work this way, and pointing it out to the judge can work either for or against you.
5. Generally, if the charge is up held against you, the fine will be no more than the original fine, and many times less. However, factor in court costs of circa $35-$100. Cheaper than a lawyer, and you have all the legal experience for the next time.
OK, so you're going to defend the charge. By yourself, without any legal help.1. Many thanks.
2. I have been reading the ACT and few areas i can explore.
3. I have requested police to provide information but was rejected.
4. I have deicided to take on myself even without a lawyer. I returned the infringement notice in a registered mail.
5. I no longer reply those who has provided naive advice.