Contesting a ticket

[_ethrty-Andy_ 2122]

So long story short, i was driving home and was clocked at 83km/h in a 50km/h area coming around a cornet. my car was laden with computer gear and had i been going that speed i would have been off the road

I am 100% honest in saying i would have been doing 50, maybe 55 at a pinch, but definately not 83. the shear physics would not allow me to do so. i have been clocked at that speed range before and paid the ticket and thanked my stars i didnt get my licence taken off me. but this time its 100% bullshit.

anyway, so i contested the ticket explaining the physics behind it etc etc and they wrote back saying that 83 is too high for a warning to be given and im still liable for the fine

What can i do now? I refuse to pay the ticket because im not guilty, but what can i do? the legal fees in disputing it wouldnt make it worth while. i would pay 300 to a lawyer to get me off than pay these guys. I have great respect for the police for reasons i cant say on a public forum, but this is crap. if it was $80 id probably just pay up, but $300 isnt fair for something i didnt do. its not that i dont have the money, but thats not the point

Anyone been in this stuation before? advice etc?

cheers,

andy

[Greg111 13]

As you pointed out getting a lawyer and desputing the matter isn't worth it and not paying it is just gonna land you in bigger sh*t, you see where i'm going with this?

[5amchris 45]

Just do what half the kids out there do and set up a $5 auto payment a week, Bad luck.

[rjac001 0]

take it to court and ask when the laser was last calibrated also the officer needs to be properly trained and certified to use it otherwise this kind of sh*t happens... If it turns out he wasn't properly trained to use it, or the device has not been checked and calibrated on its annual date. You win and dont need to pay anything... On the other hand if everything checks out you need to pay the court costs plus the fine

[_ethrty-Andy_ 2122]

take it to court and ask when the laser was last calibrated also the officer needs to be properly trained and certified to use it otherwise this kind of sh*t happens... If it turns out he wasn't properly trained to use it, or the device has not been checked and calibrated on its annual date. You win and dont need to pay anything... On the other hand if everything checks out you need to pay the court costs plus the fine

yeah i have asked for the certificate of accuracy but i havent got it back yet. What qualification do the cops need to use the equipment or is it just part of thier standard training?

[_ethrty-Andy_ 2122]

As you pointed out getting a lawyer and desputing the matter isn't worth it and not paying it is just gonna land you in bigger sh*t, you see where i'm going with this?

true, but because i have had the same fine before (though that time i was guilty) it will mean that i might loose my licence. im not sure when the demerits scrub off

[Braeden320 0]

Well really you answered your own question did you not?

You could represent your self in court if you wanted to but other than that if you don't want to pay for a lawyer you don't have much choice I wouldn't have thought.

[_ethrty-Andy_ 2122]

yeah i guess. its just that its not fair them taking my licence for something that i didnt do. id rather delay paying the fine etc because the demerit points arent credited to your account untill you pay up. I cant loose it because it would severly limit me in my job. i learnt my lesson maybe 18 months ago and havent had a ticket since, probably done easily 30-40,000kms since then too

[Braeden320 0]

If your license is on the line, and you believe you weren't in the wrong, stump up for a lawyer if you can.

It's a no brainer if your license is on the line.

[rjac001 0]

yeah i have asked for the certificate of accuracy but i havent got it back yet. What qualification do the cops need to use the equipment or is it just part of thier standard training?

According to the police Website"Police members must be competent to use the general type of speed measuring equipment being used at the time."

So you need to ask the question at court, how often has the officer used the said device? has he been trained to use the device? does he know how to correctly hold, aim, point the device...? and so on. Is it possible he was picking up a reading from a car going the other way, and then saw your car, you need to plant the seed of doubt about the situation and his abilities

[Greg111 13]

yeah i guess. its just that its not fair them taking my licence for something that i didnt do. id rather delay paying the fine etc because the demerit points arent credited to your account untill you pay up. I cant loose it because it would severly limit me in my job. i learnt my lesson maybe 18 months ago and havent had a ticket since, probably done easily 30-40,000kms since then too

You lost your licence 18 months ago? That would mean you have a clean slate for demerits thus meaning you won't lose your licence for this offence or am i missing something?

[antil33t 90]

if you really, really wern't doing 83 like the officer claims, get a lawyer IMO.

[_ethrty-Andy_ 2122]

You lost your licence 18 months ago? That would mean you have a clean slate for demerits thus meaning you won't lose your licence for this offence or am i missing something?

nah i had the same fine 18 months ago and i was actually guilty then and paid it straight away because i was.

if you really, really wern't doing 83 like the officer claims, get a lawyer IMO.

Promise i wasnt. i wouldnt waste my own time writing letters and posting here etc if i was guilty. it just really annoys me eh. so unfair. after all ive done to help the police through my old job and such too. gah

Edited August 24, 2011 by _Ethrty-Andy_