Speeding Tickets

[bear]

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.

I think any matter like this should be contested , if its not right why should they get away with it !

the more they get away with it the more it will happen

[DAFEY]

Thanx gu4800 (Victoria by the way mate) and EVERYONE else who has provided their advice and support. I am writing the letter right now. I apologize for calling the police officers that word only because it offends you ZapF6, as I would like to try and respect all my fellow forum members, however that's what I believe a large majority of police officers are, although there is no doubt some of them do a great and valued job under trying and dangerous conditions there are many who are unreasonable and power-hungry. Anway thanx again everyone, I shall let you know the outcome of this matter in due course.

[Iconic Bionic]

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

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.

Mythbusters on this whole topic needed desperately.

Anyway the RTA issue. ZAP, you are somehwhat correct but there is a good reason for it and although I'm never a fan of the RTA, they are correct in this form of application of the law and deducting demerit points form drivers who goto court and have there matters dismissed.

Now the problem arises, when drivers claim they win and recieve no penalty from the court. Just because they recieve no penalty they accept this as a win, when it is infact a 'conviction proved and dismissed'. This is an area of law, called Section 10 under the criminal sentencing and procedure Act, whereby the courts have the power to dismiss minor matters under Section 10, but they technicaly find you guilty of the offence.

Now although you have had you matter dismissed under this section, you have infact been found guilty of the said offence and therefore the RTA in line with this guilty verdict, will deduct your demerit points.

The confusion can be seen clearly, but drivers are not being told by the courts that the RTA at a later date will still take your points and the fact drivers think they have won by having there matter dismissed in this manner.

Often drivers issued infringements for minor traffic offences, such as low speeds from speed cameras, the courts are issusing Section 10 (proved offence but dismissed) as alot of drivers have good traffic records and it is reasonable to apply this section, however the RTA sees it as a guilty verdict and therefore somewhat harshly taking points as well.

The newspaper article I havnt read but im sure they have sensationised and grossly under expalined the true situation.

I.B.

[Iconic Bionic]

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.

Often this is said, but why would the old fat sarge even care???? Theyve probably known each other for years, and you walkin like some nobody and expect him to bow to your every request? Have a think about it and good luck.

If you ever cop one you dont deserve, or in most people's cases, low on points and desperate to keep licence, then take the matter to court and contest it. Everyone has the same equal right, just not the same budget to contest these matters.

[dule]

Power hungry female cops, surely such things don't exist haha.

Mate I say finish up that letter and go to the police station where she is from and speak to the Sargent (or who ever is in charge). POLITELY explain everything.

If that doesn't work go to court, surely anyone sane will see what's going on.

And make sure you mention that apparently you were driving too fast for the radar to capture you speed. So how do they catch people on the freeways??? With bunch of new female officers estimating speed??? What a load of crap.

[ZAP]

Thanx gu4800 (Victoria by the way mate) and EVERYONE else who has provided their advice and support. I am writing the letter right now. I apologize for calling the police officers that word only because it offends you ZapF6, as I would like to try and respect all my fellow forum members, however that's what I believe a large majority of police officers are, although there is no doubt some of them do a great and valued job under trying and dangerous conditions there are many who are unreasonable and power-hungry. Anway thanx again everyone, I shall let you know the outcome of this matter in due course.

Dafey,

Calling a cop, P.g is not a good start to negotiating your way out of a fine.

All police should be respected, no matter what.

While there are power hungry cops out there, they still need respect. If you get pulled over, be polite and do the yes officer/no officer answers. Do not be a smartass as they cops hold the infringment book and can cost you a lot of money. Yes you can take it to court an maybe win, but it is better to not be booked in the first place.

Cops hate logical and accurate answers, as it makes incriminating you a lot harder. Apply logic to their accusations and use intelligent answers in your defence.

Sometimes the cops will just give you a warning and let you go, other times they will book you. If you feel hard done by, take it to court. It is not worth arguing with a cop on the side of the road as it will only cost you a lot more in $ and time.

[Beaker]

Dafey,

Calling a cop, P.g is not a good start to negotiating your way out of a fine.

All police should be respected, no matter what.

While there are power hungry cops out there, they still need respect. If you get pulled over, be polite and do the yes officer/no officer answers. Do not be a smartass as they cops hold the infringment book and can cost you a lot of money. Yes you can take it to court an maybe win, but it is better to not be booked in the first place.

Cops hate logical and accurate answers, as it makes incriminating you a lot harder. Apply logic to their accusations and use intelligent answers in your defence.

Sometimes the cops will just give you a warning and let you go, other times they will book you. If you feel hard done by, take it to court. It is not worth arguing with a cop on the side of the road as it will only cost you a lot more in $ and time.

If you honestly feel hard done by take it to court - at worst you'll cop the fine and some court fees - (which aren't excessive most of the time). At best you walk out with a clear record and money in your wallet.

There are ahole cops out there no argument, but the vast majority are just doing a really crappy thankless job for stuff all money (and yes they are activley taught to be authorative - so young cops are the worst).

I've said it on here before (and got flammed mind you) that while they'll give you a hard time on the street - they won't risk their career over a speeding ticket in court.

Take it to court - going by what you've said chances are it'll be thrown out.

Zap are you sure about the points thing? If you plead Not Guilty and win - there can be NO punishment and points are a punishment, If you plead Guilty and argue diminished charges then its feasable for them to remain and the fine be reduced/removed. I don't know, but I have to say I'm surprsied if it were so.

Edited 10/07/07 03:02 AM by Beaker

[ZAP]

IB is right about the section 10 issue causing confusion, he also know more about this stuff than most of us.

I expect that if you honestly win, then you "should" get your points back.

I have only had cases thrown out before I went to court, so I got the point back each time.

[tmac450]

IB is right about the section 10 issue causing confusion, he also know more about this stuff than most of us.

I expect that if you honestly win, then you "should" get your points back.

I have only had cases thrown out before I went to court, so I got the point back each time.

Lawyers and judges have been asking for an amendment to the law for years. I heard a traffic law expert on the radio saying that it only required the removal of two words in the act to fix it. It will allow the RTA to uphold points deductions if the person is found to have commited the offence, but let go in court, at the same time, it will allow the courts to overule the RTA should the person be found to have been wrongly accused. As it stands, you can currently be dismissed for murder if there isn't enough evidence, but the RTA and police can convict you of a traffic offence without proof, and make the punishment (points) stick, even if the courts rule against it.

We in NSW have been living under a false pretence, beleiving that the Supreme Court is the highest power in the land, instead it is the RTA.

On the issue of this particular fine (regardless of what was said by one sceptic) the letter and confronting the station/area commander regarding the issue has worked for people in the past, and certainly the first step to take in order to possibly avoid court (its no guaranteed, but if you don't know if you don't try).

[Buf-Phoon]

We in NSW have been living under a false pretence, beleiving that the Supreme Court is the highest power in the land, instead it is the RTA.