Carl 3 Report post Posted February 17, 2005 Quoting STUFF website Motorists who are pinged for speeding by police radar might have a complete defence if the officer taking the reading cannot produce it in court. Interesting, but it appears that in recent years the courts have waived alot of tickets where the ticketing officer has either not produced any evidence of the offence, or, has incorrectly recorded details of the driver or the offence. This happened to me in Dannevirke of all places, was taking the secret back road bypass at a modest speed not too much over the limit when a cop pulled up at a side street...I saw him immediately and checked my speed before backing off but he pulled me over to say that I was "driving over the limit" but when I asked "what did you clock me at" in my innocent voice he said that he didn't clock me so he couldn't give me a ticket. So without a radar clocking he couldn't do anything. We shared a moment when I said "so this is more of a stop and go penalty then" after he walked all around the car to find something wrong but didn't Obviously if you are in the wrong then you should face your demons but be a little studious and ask to see the proof before accepting your wrong-doings. Share this post Link to post Share on other sites
Deftones 0 Report post Posted February 17, 2005 I got busted out of Danniverke as well... of all places... What sort of proof do they have to have?? the guy just gave me a speeding ticket with the details on it.. Share this post Link to post Share on other sites
*sic 1 Report post Posted February 17, 2005 haha ive been in a few cars where they havent clocked us.. then they all seem to say "i dont need to clock you".. thats when you bust the "no evidence to convict me of this, so ill see you in court" speech and they back down and say "ill let you off with a warning"... pfft "ill let you off with one mr officer." Share this post Link to post Share on other sites
bravo 35 Report post Posted February 17, 2005 haha nice one sic. It's always the case. If you talk to criminal defence lawyers (lawyers who defend criminals, although I'm sure the ARE criminals themselves half the time) you find that a lot of cases can be got off on technicalities where the police haven't followed proceedure 100% or paperwork isn't properly filled out. I know of people (been told by a lawyer, don't know them personally) who have gotten off DIC convictions because they were not given ten full uninterrupted minutes to decide whether or not they wanted an evidential blood test (which is what the law requires they be given). And there are plenty more escape wholes too. The problem is the cost to hire the lawyer = very expensive. Lawyers are cheap if you get off and you were guilty (i.e. worth the money) but very expensive if you are innocent. and then you might not get off anyway. Know from personal experience that the justice system can be unfair in alot of situations. The moral of the story - if you have the cash, you can quite often get off convictions if you have a good lawyer, and are lucky enough to get a busy cop who rushes the paperwork. Share this post Link to post Share on other sites
Guest Spargo Report post Posted February 17, 2005 Um, this is basic knowledge? Don't you think you should go out into the world armed with a little bit of knowledge, before mindlessly accepting the word of Mr Plod, like 99% of the rest of the population does? You also realise that they have to be able to produce a manual and a calibration certificate for the radar they're using? Share this post Link to post Share on other sites
E30stz 0 Report post Posted February 17, 2005 Guys you can get out of a speeding ticket on the basis that the police officer cannot prove that the gun he chose to ping you with has not been calibrated in the last 12 hours. They are required to calibrate the guns every 12 hours to make sure of an accurate reading and to do this they must fill out records, if asked by a speeder to produce these records they are suppose to. I've been told that often the police offers havent calibrated there speedradars. Share this post Link to post Share on other sites
cage 0 Report post Posted February 17, 2005 And also dont forget for his ticket to be offical he has to be waireing his HAT. unles he is a plain cloths officer.. No hat no TICKET.. Share this post Link to post Share on other sites
Point 0 Report post Posted February 17, 2005 also if they pull that "routine check" bullshit on ya, they can only take up a maximum of 2 minutes of your time without ticketing you for something Share this post Link to post Share on other sites
*sic 1 Report post Posted February 17, 2005 hmm ok, alot of you are just going by hear-say, before you attempt to question an officer regarding "no hat no ticket" or the routine check 2 minutes to ticket me shite, talk to a police officer you know or a lawyer specialising in policing because alot of this is crap people have said and have no legal backing too. end of the line, if you speed expect it. if the charge is false (or inaccurate) be polite about what you say, and ensure you know what you are talking about. seriously, what lawyer tells most of you this sh*t? your mate john from down the road who watched magnum PI? Share this post Link to post Share on other sites
Grant 4 Report post Posted February 18, 2005 hmm ok, alot of you are just going by hear-say, before you attempt to question an officer regarding "no hat no ticket" or the routine check 2 minutes to ticket me shite, talk to a police officer you know or a lawyer specialising in policing because alot of this is crap people have said and have no legal backing too. end of the line, if you speed expect it. if the charge is false (or inaccurate) be polite about what you say, and ensure you know what you are talking about. seriously, what lawyer tells most of you this sh*t? your mate john from down the road who watched magnum PI? Whadayamean.....I learned every traffic rule and way out possible from watching re-runs of the Dukes of Hazard.... Failing that, I just run to the General, slide across the bonnet, in through the window and head for the nearest dirt road where Rossco and Boss Hog chase me until I make an amazing jump, and they end up with their patrol car in the middle of a lake. Oh, and I watched ER once, so if anyone is in need of some urgent medical attention, just let me know, I keep my scalpel rinsed off and reasonably sharp. Cheers Share this post Link to post Share on other sites
Carl 3 Report post Posted February 18, 2005 Hahaha, Grants at the doctors and nurses again...stand back everybody....clear...zzzzping.......no pulse, clear....zzzzzping....beep beep....beep beep...he's gonna make it Share this post Link to post Share on other sites
cage 0 Report post Posted February 18, 2005 Nice work grant Share this post Link to post Share on other sites
Erizo 0 Report post Posted February 18, 2005 Any time you can just drive away is a good day. The Police can provide anyone with a very bad day if they feel inclined. All they need to provide is an opinion to charge you with careless use and take your licence away. The judge will believe them, not you. We don't really have a justice system after all, we have a legal system where principles are for those who can afford them, and the pursuit of truth becomes irrelevant. :thumb: Share this post Link to post Share on other sites
martyyn 2 Report post Posted February 18, 2005 hmm ok, alot of you are just going by hear-say, before you attempt to question an officer regarding "no hat no ticket" or the routine check 2 minutes to ticket me shite, talk to a police officer you know or a lawyer specialising in policing because alot of this is crap people have said and have no legal backing too. end of the line, if you speed expect it. if the charge is false (or inaccurate) be polite about what you say, and ensure you know what you are talking about. seriously, what lawyer tells most of you this sh*t? your mate john from down the road who watched magnum PI? Damn Sic, Im getting to like you more and more every day Seriously though, the mans right. There will always be people spouting off all kinds of things, but if your pulled over, just knowing your basic rights and being polite will work wonders. I know a couple of police officers who are all good people (slightly twisted maybe - but good people) and my wife is a lawyer. So Ive heard so many stories that people have made up trying to get off of things its not funny. Dont make yourself look any more stupid than you need to. Cheers Martyn Share this post Link to post Share on other sites
martyyn 2 Report post Posted February 18, 2005 Any time you can just drive away is a good day. The Police can provide anyone with a very bad day if they feel inclined. All they need to provide is an opinion to charge you with careless use and take your licence away. The judge will believe them, not you. We don't really have a justice system after all, we have a legal system where principles are for those who can afford them, and the pursuit of truth becomes irrelevant. :thumb: What series of NYPD Blue did you steal all this from ? Its so laughable I nearly fell off my chair.where principles are for those who can afford them, and the pursuit of truth becomes irrelevant Share this post Link to post Share on other sites
*sic 1 Report post Posted February 18, 2005 Any time you can just drive away is a good day. The Police can provide anyone with a very bad day if they feel inclined. All they need to provide is an opinion to charge you with careless use and take your licence away. The judge will believe them, not you. We don't really have a justice system after all, we have a legal system where principles are for those who can afford them, and the pursuit of truth becomes irrelevant. :thumb: What series of NYPD Blue did you steal all this from ? Its so laughable I nearly fell off my chair. burned.welcome to bimmersport Share this post Link to post Share on other sites
bravo 35 Report post Posted February 19, 2005 my remarks were not "side of the road" stuff - they were, "once the ticket is written and what to do" stuff. Which lawyer tells me this sh*t?? My one. He's right. Personal experience. Share this post Link to post Share on other sites
BMW POWER 2 Report post Posted February 19, 2005 end of the line, if you speed expect it. Thats damn right *sicAlthough speeding is cool It doesn't mean its right So don't speed And then you wil be right. Share this post Link to post Share on other sites
1N STYL 0 Report post Posted February 19, 2005 i got a ticket last year and the cop, didn't fill in vechicle yeat make or model or the rego...and it was expired WOF so of course it waived Share this post Link to post Share on other sites
shadowninja 0 Report post Posted February 19, 2005 Do the crime... Do the time. Its simple boys. Why encourage a system where lawyers determine whether you have the freedom to drive... how about you just work within the rules to begin with. Share this post Link to post Share on other sites
1N STYL 0 Report post Posted February 19, 2005 if you can beat the system then good on ya. by the way the quote on my car, is alredy at an estimate of $3K plus (there computers are down still...thats like over 2weeks, i don't know how they run the place...so i still don't have exact numbers), and then $1500 excess so that blows yours "no more than $2K" theroy out the window, and thats not including the exhaust and suspension anyways stay on topic....soz Share this post Link to post Share on other sites
shadowninja 0 Report post Posted February 20, 2005 I disagree entirely about beating the system. For example how about the guy that ran into the back of you ... what if he denied he was ever there & paid a fancy lawyer to wriggle out of it? You'd be stuck with a mounting repair bill on your own. [bTW on the repair front I'll admit I was wrong on that, the damage was clearly more significant than I thought, perhaps the pictures didn't do it justice?] Or how about more serious criminals 'beating the system' because the 111 system didn't get an officer to the scene of their crime? Is it ok that people will smash up someone's ride just because they don't get caught? There's a reason lawyers get a bad reputation, its partly because they twist the system leaving the guilty unpunished, and the victims re-victimised. [stepping down from soap box] Share this post Link to post Share on other sites
1N STYL 0 Report post Posted February 20, 2005 (edited) you should run a casino...everything sweet as long as the house wins, then when u find a away to beat the house they ban you.. And i have a letter from that guy admitting liabilty and all that crap...and if he did do that, i would get merc to fix it...which they should be doing anyway. and sorry for giving u a hard time about the damage to my car and cost or repairs Edited February 20, 2005 by 1N STYL Share this post Link to post Share on other sites
bravo 35 Report post Posted February 20, 2005 I agree regarding beating the system ain't so bad as the system isn't always right. I have been burned by the system due to my age. I have seen how a bit of money could have got a slightly fairer result. I have seen how even though "the system" is supposedly innocent till proven guilty, because the judges usually side with the cops, and because some guy defending himself in front of the judge will almost always lose, it is up to YOU to prove your innocence by way of paying huge money for a lawyer. Now obviously, this does not apply to a simple speeding offence, but it does mean the conservative and narrow minded view of "don't break the law and you won't be in trouble" is a load of sh*t. In my case it was due to an accident where fault was not clear. There were no witnesses, so it was my word vs. the other party. I lost - it's the way the cookie crumbles, but as for justice? bah - total BS. Share this post Link to post Share on other sites
bravo 35 Report post Posted February 20, 2005 Just re-read that and realised what a whingeing bastard I sound like, so let me finish with this: If you can afford it, and you have conviction (of the mind, not the criminal kind) then go for it and try to beat the system. The justice system is a game - the better you play, the better the result. If the cost of a lawyer getting you off is less than the penalty if you plead guilty - you win. Share this post Link to post Share on other sites