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who has challenged a speeding fine or red light fine


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#1 _kaz from adelaide_

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Posted 31 August 2009 - 05:50 PM

I am about to challenge a red light camera fine ($360) and was wondering who here has ever challenged a fine (of any sort) and what was the outcome.

I saw yesterday on the ninemsn home page that NSW ppl lead the 'challenge and win' ratio.

Whats your experiences

XXKAZXX

#2 yel327

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Posted 31 August 2009 - 06:19 PM

I did it the late 80's / early 90's. Got booked for doing 79 in a 60 zone in my LX hatch, going up Lake Road, Wallsend. Copper was sitting up towards the nursery for those who know the area.

Police were supposed to estimate your speed and use handheld radar to check their estimate. This copper was sitting in the car facing the same direction as me with the K band radar facing backwards (on a VK Commodore from memory). Probably reading the paper.

What happened was I was in the RH line closest to the median strip. His line of vision from the front seat of the LH lane was obscured by power poles. Car sped up the inside of me, set off his radar and he got out, saw me in the RH lane and pulled me over.

In court he testified that he was standing on the kerb side of the road in front of the car pointing the radar, doing what he was supposed to do.

I testified how it really happened, which the Prosecutor and copper denied. Then I showed photos of how it was from where the car was reported to be and how the inside lane was obscured.

He also testified that it was Lake Street (not road), 11:15am (it was 8:15am) and that I was in the LH lane. Also that there was no other cars on the road at the same time.

I argued that he THOUGHT I was in the LH lane because he couldn't see it from inside the car via the rear vision mirror or if he'd been standing where he was supposed to be, although the gutter mounted radar could "see" both lanes.

I also asked them to pull up the booking records for the brown VC Commodore with licence plate xxx-xxx that shows it was pulled over at the same time as me (about 5 seconds after me) to refute the statement that there were no other cars on the road at the time.

Magistrate said that there was no need to pull up the records as given the amount of discrepency in the Police record the case was dismissed.

When I left the court the copper came up to me. I expected him to say "see you on the road", but he shook my hand, said well done. Good to see someone with the guts to defend themselves (I had no Barrister). I told him sorry for making him look bad, and he said no worries.

#3 _rorym_

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Posted 31 August 2009 - 06:41 PM

Good luck.
R

#4 bullitA9X

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Posted 31 August 2009 - 06:57 PM

i was followed along a side street i knew they were following me 4 kms up the road they pull me over and say we estimate you were doing 80 in a 60 zone!! i said no way why would i be speeding when i know you have been following me for 4-5kmhs the cop says to me well take it to court who do you think the judge is going to believe you or me!! i payed the fine but if i had my time again i would have fought it!! good luck kaz if your going to fight it your going to need it!!

#5 FastEHHolden

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Posted 31 August 2009 - 07:21 PM

I would have laughed when he said estimate. I had a couple of young cops follow me in a Rodeo...the stop me and say "why so fast?"...I said its a 60 and thats what I was doing...its a Rodeo..no radar..they are fishing for an admission.

#6 _L32M20_

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Posted 31 August 2009 - 07:24 PM

i was followed along a side street i knew they were following me 4 kms up the road they pull me over and say we estimate you were doing 80 in a 60 zone!! i said no way why would i be speeding when i know you have been following me for 4-5kmhs the cop says to me well take it to court who do you think the judge is going to believe you or me!! i payed the fine but if i had my time again i would have fought it!! good luck kaz if your going to fight it your going to need it!!



me too ,very similar circumstances,in mt gravatt brisvegas. the judge knew the cops and their boss ,the cops lied through their teeth and and gave two different accounts, even though i had a witness in the car with me who also gave evidence,they fabricated theirs to suit ,a doctored recording,i kid you not,they recorded everything i said on the road side and cleverly twisted it and used it against me.to cut a long story long,i copped the ruff end o the pineapple that day,and it was a long day,cost me double,and my faith in the law.my arse is still sore. so go ahead youve got a 50/50 chance.but if your car is a bit special or you ve ever had a couple of speeding fines id be thinking about the cost of a good solicitor vs the time off work ,and the extra costs incured to you if you loose, and your particular circumstances.do you have an impeccable driving record?

#7 Tiny

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Posted 31 August 2009 - 07:30 PM

I've got a long story, but i wont bore you with the details...

Suffice it to say My brother got stopped for doing 147 in a 60 zone, Copper lied his ass off on the side of the road.
they took it to court, got a good lawyer.. and the cop eventually had to eat his hat because he DID lie and as above - too many discrepancies in the story.

The moral of the story is.. get a good lawyer. theyre trained liers and will be able to bullshit the bullshitters on the other team!

Good luck with it Kaz!

#8 _L32M20_

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Posted 31 August 2009 - 07:36 PM

oh by the way,kaz i now take precautions against the scumbags (of any sort)taking any type of unauthorised photos of me.if your plates are covered in shit ,it makes them immpossible to read.now theres a money saving idea for ya girl! you wont find that one in the womans weekly!

#9 _Woodsy_

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Posted 31 August 2009 - 07:46 PM

Would be abit harder to challenge a red light fine wouldn't it?...

#10 wot179

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Posted 31 August 2009 - 08:22 PM

A good tip on parking fines in Sydney is to challenge them all in court.

While most councils have permanent parking cops,many regular coppers work a second job as a casual parking cop.

If your fine is issued by a regular cop,and they are rostered on duty(as a real cop) when the court date rolls around,then they have to stay at work.

If they dont front court,the case is dismissed.

It wont work eveytime,but it might just get you off.

#11 FastEHHolden

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Posted 31 August 2009 - 09:13 PM

Suffice it to say


Well done on the English skills Tiny :spoton: I'm a fan.



I assume you have shelled out the $13? for the picture? I agree with Woodsy....red light camera would be hard to disprove.

#12 _mdswat_

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Posted 31 August 2009 - 09:15 PM

i had the same story as one police officer, the other officer had a totally different story, had a good solicoter, still lost, all depends on the judge mood that day, if he got lucky the night before you'll do okay.

#13 eyepeeler

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Posted 31 August 2009 - 09:28 PM

Going down Sth Rd and got done at the Cormack Rd Lights, Red light fine only. Got the picture and there is a huge truck up my bum going along for the ride as well. I remember thinking at the time in the small car that I was driving at the time, "He wins, keep driving, he ain't gonna stop!!!" Anyway took the photo into the cop shop and they said to write into a disputes section I think from memory, I did, explaining that I valued my life and I helped the police by not giving them a mess to clean up and heaps of paper work. They let me off...............
Good luck

#14 originalglenn

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Posted 31 August 2009 - 09:33 PM

if your plates are covered in shit ,it makes them immpossible to read.now theres a money saving idea for ya girl! you wont find that one in the womans weekly!


untill you get pulled over for obscured number plates as i did
then they did a rbt
then a car search

then a road side roadworthy check

#15 _Baronvonrort_

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Posted 01 September 2009 - 08:01 AM

A few years ago i got a speed camera fine in Warners Bay and i have never been to Warners bay.

I rang the IPB and asked them if i paid $10 for the photo and if it wasnt my car in the photo would my 10 bucks be refunded?

The lady checked the photo and discovered it was a hilux was speeding and they mis read the number plate which is why i got the ticket.

If i ever get another camera ticket i will check photo before paying up.

#16 TempesT

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Posted 01 September 2009 - 08:17 AM

*In victoria you can get off a speeding fine issued if:*
- The speed you were doing was less than 10km over the posted limit
- you have had a clean record for 3years

All you have to do is write a letter to them saying, I was in the wrong and wont do it again..yad yad yad. Yes I have used this method, old man did too. Might be a little loop hole worth checking for other states.

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#17 Ruts

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Posted 01 September 2009 - 09:02 AM

Obscured number plate by memory $400 and three points so yeah you cover your number plate with crap. We can give out an obscured plate blister if your tow ball covers your plate, just drive around and see how many plates are non readable due to tow balls. In regards to speeding fines its a bit more difficult to contest since the introduction of In Car Video (ICV). The magistrate we deal with has increased the fine in court if an ICV is produced clearly showing the offence. I've only been to court twice this year and never been in the box as when accused viewed the ICV they changed their plea. Saying that don't get me wrong the copper still has to use the equipment as per the guidelines.

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#18 _cruiza_

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Posted 01 September 2009 - 08:33 PM

I got pinged doing 74 in a 50 officer followed me for a km then pulled over, I asked where was the speed advisory sign as I hadnt seen it he got a bit well you are a )*(& then arent you! so on the way home I stopped and looked for the sign he had assured me it was there, it wasn't. I rang up the station to ask about it smart month cop "yeah we know been missing for over a year someone stole it, it was replaced but stolen again within a week." So I asked about the ticket bit harse giveing tickets when there is no advisory sign he said "tough pay the fine" I took it to the police complains authirty and they quashed before going to court.

#19 _Trentm_

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Posted 03 September 2009 - 10:41 PM

In SA as the driver if you contest the expiation notice and elect to be prosecuted the onus is on you to prove that you weren't travelling at the speed alleged. You will have to prove that there is some mechanical defect with the speed/redlight cameras calibration or its actual operation. If you allege that the camera's functioning is wrong i.e. "I wasn't going that fast" etc etc you have to prove it, its a reverse onus in SA and very, very difficult to do. The prosecution of these matters is very technical in nature.

Goodluck to those who try.

#20 _tyre fryer_

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Posted 03 September 2009 - 11:10 PM

In SA, if you can prove that your car's speedo isn't reading properly (this can be done through the RAA I believe). Will the fine be wavered?

#21 _Trentm_

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Posted 03 September 2009 - 11:13 PM

In SA, if you can prove that your car's speedo isn't reading properly (this can be done through the RAA I believe). Will the fine be wavered?


No sorry it won't fryer.

#22 FastEHHolden

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Posted 04 September 2009 - 10:24 AM

I assume you wou8ld have to pay the fine and if you were real lucky get a defect...since you went to all that trouble to prove it.

#23 Potta

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Posted 04 September 2009 - 12:35 PM

I know that in WA it is your responsibility to make sure your speedo reads the correct speed. There was a guy on Today Tonight of Current Affair about 10 years ago who tried to get off a speeding fine cause he didn't know it was reading wrong. The judge said stiff bikkies, its your responsibility.

For a while the cops set up radars here and there with an LED output to tell you your speed so you could check which was quite handy. I haven't seen one for a LOOOOOONG time now...you usually find out when you see the flash followed by the ticket in the mail....

#24 enderwigginau

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Posted 04 September 2009 - 01:36 PM

They have a number of these types of things set out in the roadworks between Brisvegas and Toowoomba (bloody lot of roadworks!!).

The police announced that some 800 vehicles had tripped the advisory signs in excess of the limit - they only light up with a Slow Down - XX Zone when you are over the limit.

I went up and back in a government car, cruise-control locked on the limit ( I know this speedo reads correct) and every second sign lit up!!!
Good to see the plod up here know how to cook the books :P
I can almost guarantee most radar vans do the same......

Not to mention the Lidar jockey (in training) who got me at 78 in a 60 zone a yr or two ago -
Just took off from the lights, hit a crest after twenty metres (where they reckon they got me),
at 600+ range......................the accuracy of these things decreases significantly after 200m.....
If an 02 Rodeo can get up to 78 in twenty metres, i should have taken it to Willowbank!!

Grant..

#25 _The Baron_

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Posted 04 September 2009 - 01:44 PM

We have a guy here at work going through it (Red light camera)

His reported speed was just over the limit.

He has found some significant holes regarding equipment calibration requirements.

All of this equipment MUST be calibrated routinely and operated under the established guidelines.

As it is up to the vehicle owner to ensure the speedo is reading correctly.It is also up to the operator of this red light/speed camera/radar equipment to prove that their equipment conforms(read- is calibrated and maintained in accordance with manufacturers guidlines).

So in court, it appears you can challenge the operators to prove this.

But don't was your time if you have a bad record already as the judge probably won't be entertained by this request.


Good luck.




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