Speeding Tickets

[DAFEY]

Last night I was cruizing up a main road (60) zone. Saw a cop car with its lights out waiting up a sidestreet and gently got on the breaks. I didn't have my eye on the speedo but I would have been doing about 65 maybe 70 if was speeding at all when I passed them. I was pulled over, a power hungry young female cop gave me a dressing down, alleged that I had been travelling so fast that the radar had not been able to detect my speed, she informed me that she thought it would have been 100 but was going to give me a break and say it was only 80 (3 points, 220 dollars). Um correct me if im wrong people but aren't these radars used to detect people at speeds of well over 100? now I would like to contest the charge, she told me if I contested it she would say I was going much faster than what she was giving me the ticket for and that there were 2 cops and I was by myself with no witness so I was up the creek. Can one of my informed colleagues from this forum tell me whether cops can actaually give out tickets because they thought someone was speeding but had NO evidence? can they give you a ticket for doing a speed that they estimated you to be doing by EYE???? I would have thought I have a case but this bitch seems intent on me paying and keeping my mouth shut or losing my license if I stand up for my rights. Does anyone know the law in situations like these? I will cop a fine for doing the 5 clicks or so over that I may have been doing but do I have to cop one for 20 that I was definitely not doing? I think I was targeted because I was driving my lowered XR6T with 20's to by the by, once they saw I was a young male (24) it was just an added bonus for them.

[gu4800]

alleged

she thought

Those two things alone will get you off.

"I estimate"

"I think"

"you looked like"

All BS. The only way they are allowed to book you without a radar is if they follow you from behind for a set distance and they averaged your speed (as far as I know).

Estimating the speed of an ONCOMING car is near on impossible, even more so at NIGHT. I wouldn't even bother going to court - write a letter today and send it off the traffic branch or whoever they tell you to write to.

Furthermore, if they wish to persist with this matter further then inform that you will be putting this "human radar" to the test.

They tried it on my brother a few years ago - copper used such as "I estimate your speed" and my brother wrote letter advising that since when is an "estimate" acceptable practice. The ticket was canceled following that letter alone. No other action required.

Dan.

EDIT: Your location?

Edited 09/07/07 09:38 AM by gu4800

[MiKa]

I was told that they actually have to be driving near you to be ALLOWED to estimate your speed... but as you said they were at a standstill. So yeah they have no evidence/proof even to estimate your speed, I dunno about the radar and its capabilities/limitations though...

Chick cops are the worst for being power hungry I reckon.....

Good luck...I would contest it

[seventytwo]

I dont think its worth contesting it in court as it will probably cost you more than the ticket. But I would give the letter thing a dam good try.

[XF Falcon]

Ummmm I thought if they had a radar that they need to show you the speed on there, otherwise they cant even write you out a ticket..

either way it sounds very dodgy man, im sure you'll get off with no worries if you contest somehow.

keep us updated.

[ZAP]

Firstly, please do not refer to cops as P.gs, I find it offensive as I am sure the cops do.

Secondly, you would have NO PROBLEM contesting a charge like that. I would go to the station that the cop belongs to and make an official complaint. Make sure you take the ticket. Ask to see the desk seargent and tell them nicely the situation and that you believe that the officer was incorrect. If they refuse to remove the infringment, then fillout the court election.

It will cost you time, not money to go to court. Make sure you write everything down that transpired between you and the cops. The road, direction of travel and the conditions.

Go to court and pleade your case. Take a pencil and do the drop test to see if the cop can estimate the speed of a falling pencil (apparently it has worked many times before)

I have had the same type of cops give me grief over an estimated speed and the charges were dropped before I went into the court room.

P.S if you are in NSW and you win, the points are not removed from your offence. This is a major issue with the RTA, I think they need to be sued many times before it is changed.

[tab]

Are you for real Zapper about the points not being removed? That's a friggin joke.

Good luck with it Daffey...post your state up and you may get some more specific advice :biglaugh:

[ZAP]

It is true.

There was a story in the paper on the weekend about a truckie who drove a mate home in the mates car (mate was drunk). The cops pulled them over because he had a novelty number plate (and a propper one) and was booked for this offence.

This offence carried points and was enought for the guy to loose his license for 6 months. He took it to court and won, but still looses his license because the points stand.

He has kept his job as the company found other jobs for him to do. If it was me, I would drag it through the media and sue the RTA. I am also sure it would be against the constitution as well as plain wrong.

The RTA in NSW are 1000x worse than the other states road authorities put together. They are a law until themselves and need to be accountable for their actions.

[tab]

Certainly sounds like it, up here the points aren't applied until the offence is paid or the court has whacked the guilty stamp on your forehead. That farkin stinks.

[gilfxr6t]

Just go into the station and drill her boss in a nice manner. Take a signed written statement addressed to the station Sargent (or what ever they call them selfs). Hurting an officers chance at promotion is always the best form of attack.