query re: speeding fine penmanship issue

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Rea
Rea
2 posts
Rea Rea
2 posts
17 Aug 2012 6:33pm
Hiya, got done for doing more than 50 in a 50 zone. it was just a few km, but enough for the copper to do me. Got the notice today and have noted that the actual speed I was doing is not stated on the form, so how do I know what or why I was doing and also how do I know how many demerits?? Shouldnt the alleged speed I was doing be written on it? Is it worth contesting on this basis?
GypsyDrifter
GypsyDrifter
WA
2371 posts
WA, 2371 posts
17 Aug 2012 6:59pm
In WA....you can feel you are right because the speed or time or date was not written on the infringement...or it was wrong or they have written the wrong address on the infringement...but in WA it's not worth the dollars to contest anything like this..
Subsonic
Subsonic
WA
3415 posts
WA, 3415 posts
17 Aug 2012 8:02pm
Rea said...

Hiya, got done for doing more than 50 in a 50 zone. it was just a few km, but enough for the copper to do me. Got the notice today and have noted that the actual speed I was doing is not stated on the form, so how do I know what or why I was doing and also how do I know how many demerits?? Shouldnt the alleged speed I was doing be written on it? Is it worth contesting on this basis?


I'd do some research, I'd be inclined to think they'd be required to state the speed you were supposedly doing and the demerits youre going to lose.

Like the drifting gypsy said though, unless you feel it's your civic duty to set the copper straight on how to write a ticket, or you're down to your last few demerits, its probably gonna be a slap on the wrist sized fine and demerits to match if you were only just over the limit. Not worth the lengthy court process.
Pitbull
Pitbull
WA
1267 posts
WA, 1267 posts
17 Aug 2012 8:09pm
If one done doesn't dot the I's and cross the T's, then the paper work is inaccurate. Should you contest it in court, you may have a chance that it would be thrown out as the officer is not going to remember the actual speed (how many infringements would be done in a day/week/month?). If there is an element of doubt then the outcome maybe favourable.
byf
byf
WA
518 posts
byf byf
WA, 518 posts
17 Aug 2012 8:20pm
Guilty until proven innocent when it comes to this stuff unfortunately. If nine kms over the limit or under should be just a fine. Over that then points kick in. I think. I stand to be corrected if any of our boys in blue wanna chip in. I got done 119kmh in a 110zone which was just a $75 fine after overtaking a grey nomad with a 30ft van in tow doing 80km in a 110km zone on Albany hwy in between Williams and Kojonup. I asked why they do not stop these guys as i thought doing 20kms under the limit or more was also a bookable offence and caused half the dramas on the road. I need an MC license which is tough to get to tow a trailer or two in a truck but a huge van behind that brand new gold cruiser ...... nothing. Rant over
Gizmo
Gizmo
SA
2865 posts
SA, 2865 posts
17 Aug 2012 9:51pm
I would contest it before even thinking of going to court, contact the issuing Gov Dept and demand an explanation of what speed you were doing and how many points would be lost etc. They may? cancel the whole thing rather than making the issuing officer / Gov Dept look like fools.

If you get no where with them give 'Today Tonight' a call they LOVE stories like this... BUT you need to be proactive before the due fine payment date, if you wait your options will reduce greatly.
Buster fin
Buster fin
WA
2599 posts
WA, 2599 posts
17 Aug 2012 8:29pm
^^^+1
I think the issued fine must state the speed, fine and demerits, along with time, date and location.
GypsyDrifter
GypsyDrifter
WA
2371 posts
WA, 2371 posts
17 Aug 2012 9:32pm
^^^^^ yep...good luck with that^^^^

This issue has been bought up before many many times on the radio with Karl O'Callaghan, he has stated that you have 2 good choices with turning over an infringement that has been wrongly written...manly because the person that will be there with you in court is the officer that gave you the ticket......your 2 choices off course are non and buckleys...but hey....as I said that's in WA
Victor B
Victor B
WA
130 posts
WA, 130 posts
17 Aug 2012 10:25pm
Its an infringement, so if you want to go to court to contest it that's your choice - just fill in the back of the notice that you want to do that and send it off to have your day in court. However, I think you might be missing the point.

The idea of an infringement is to allow people to fess up and avoid a traffic conviction, and avoid wasting their time and the courts time with dealing with a matter that is usually relatively straight forward.

But hey, if you want to try and get out of it go for it...its your time and money.

My guess is that you know you were in the wrong and are searching for ways to get out of paying the fine, as you have said: 'Hiya, got done for doing more than 50 in a 50 zone. it was just a few km, but enough for the copper to do me.'

You don't need to go to Today Tonight. Just telephone the officer or his station and ask what the penalty will be. Alternatively go to:

www.police.wa.gov.au/Police-Direct/Infringement-Payments-and-Enquiries

Most of the time Police officers only write tickets if you are above the limit by 10 or so k's. You don't mention the amount you were over...perhaps you should read the ticket again.

Either way, you need to do something before the 28 day expiry.
Subsonic
Subsonic
WA
3415 posts
WA, 3415 posts
17 Aug 2012 10:49pm
It maybe that because you were just over and you were in the zone where they only slug you with a fine (no demerits), they're not required to state the speed they clocked you at.

They may only need to describe the nature of the offence and state the "speeding zone" you were in?
Chris6791
Chris6791
WA
3271 posts
WA, 3271 posts
18 Aug 2012 2:40am
GypsyDrifter said...

^^^^^ yep...good luck with that^^^^

This issue has been bought up before many many times on the radio with Karl O'Callaghan, he has stated that you have 2 good choices with turning over an infringement that has been wrongly written...manly because the person that will be there with you in court is the officer that gave you the ticket......your 2 choices off course are non and buckleys...but hey....as I said that's in WA


Two ways the ticket will go away, one is if you lodge a complaint with the Police and have a win, second is if you take it to court and have a win. Neither are likely simply because there might be a missing bit of info.

GypsyDrifter is right, this has been done to death. If you complain direct to the Police the guy who wrote it might only get told to do his paperwork better (if its been filled in in-correctly and you haven't misread it) but the ticket will still stand or be reissued correctly.

Second option is to take it to court but I don't think an error on the ticket is going to get it thrown out as the ticket itself will have little direct relevence in the court room.
BulldogPup
BulldogPup
6657 posts
6657 posts
18 Aug 2012 3:06am
Pay up , get it over with and cop it sweet - shiz happens
SP
SP
10982 posts
SP SP
10982 posts
18 Aug 2012 7:07am
^+1.
Pay it...
You admitted your guilt, now you have to pay the penalty. Don't try and get off on a technicality that is just weak IMO, why can't people be responsible for their action instead of trying to find a sly way out of it.
bobajob
bobajob
QLD
1535 posts
QLD, 1535 posts
18 Aug 2012 9:48am
If details are incorrect take it to the cop shop. A ticket dated incorrectly is "thrown away", so incorrect details such as your ticket are invalid. The cops know this and that it is pointless going to court.
stuk
stuk
NSW
894 posts
NSW, 894 posts
18 Aug 2012 11:18am
There is only a requirement for the issuing officer to indicate which "bracket"your speed fell into, IE: below 10kmh, 10-20kmh over etc. There is no provision or requirement to indicate the actual speed your vehicles speed was checked at.

I am sure if you were paying attention at the time you would have been told in no uncertain terms the speed you were travelling at when detected.
bobajob
bobajob
QLD
1535 posts
QLD, 1535 posts
18 Aug 2012 11:30am
stuk said...

There is only a requirement for the issuing officer to indicate which "bracket"your speed fell into, IE: below 10kmh, 10-20kmh over etc. There is no provision or requirement to indicate the actual speed your vehicles speed was checked at.

I am sure if you were paying attention at the time you would have been told in no uncertain terms the speed you were travelling at when detected.


But go down the cop shop and check any way, can't hurt and is free
Mark _australia
Mark _australia
WA
23682 posts
WA, 23682 posts
18 Aug 2012 2:03pm
bobajob said...

If details are incorrect take it to the cop shop. A ticket dated incorrectly is "thrown away", so incorrect details such as your ticket are invalid. The cops know this and that it is pointless going to court.


And they have 12mths to commence a prosecution so are well within their rights to cancel the ticket if it is written out incorrectly and then summons him to court for speeding instead.

I agree with the others, Rea stop trying to get off it just because of a technicality, you were speeding so deal with it.
sn
sn
WA
2775 posts
sn sn
WA, 2775 posts
18 Aug 2012 4:49pm
Many years ago I was pinged by a multinova,as in the above case- just barely over the limit. The car I was driving was brand new, but the speedo had failed (which the dealership admitted to and gave me a Stat. Dec. accepting all liability for)
I went to the camera section and got told - rather impolitely, "tough $**t sunshine- the fine stands, so p**s off and stop wasting my time"
Not being too impressed with the attitude, I elected to go to court.

Magistrate would not accept the Stat. Dec. and reckoned that without a speedo the vehicle should have been towed to the dealership the fine was declared legit, and I had to pay court costs.
My total cost of fine and court fees was $130
However, the Police had to bring in:
-the bloke who operated the multinova,
-the Police car driver and passenger that were used to calibrate the multinova,
-the boss of the camera section,
-the bloke that prepared and serviced the multinova,
-the Police officer that issued me the summons,
-2 police/public servants (I cant remember what or why they were involved)

My case had been the last of the day, I spent 6 hours sitting happily across the waiting room from all these rather unimpressed fellas who were not very happy about being in court.
I found that there was AT LEAST a full days worth of paperwork and preparation for each bloke involved in the case- and that 1 had been flown down from the northwest and put up in a Perth hotel for 4 days!

OK- I lost the case- fair enough, I accept the umpires cal.
but who really lost?

my cost= $130
Police legal system= $??????????????????

stephen
Chris6791
Chris6791
WA
3271 posts
WA, 3271 posts
18 Aug 2012 5:21pm
^^^ oh you mean the system that you pay for with your taxes?

One copper got an all expenses paid trip back to Perth for four days and the rest got a lazy day bumming around doing nothing and you still lost it at trial, I'd say lose/lose all round for you Stephen.
paddymac
paddymac
WA
943 posts
WA, 943 posts
18 Aug 2012 6:38pm
sn said...

OK- I lost the case- fair enough, I accept the umpires cal.
but who really lost?

my cost= $130
Police legal system= $??????????????????

stephen


Awesome, you wasted the time of several police who could have been doing productive work and you cost Large flat white with an extra shot please. Patrick taxpayers a bucket. But it's not your fault?
sn
sn
WA
2775 posts
sn sn
WA, 2775 posts
18 Aug 2012 7:05pm
I had no idea the system was going to work out like it did- the whole thing would have been sorted at the camera section counter if the bloke had been a bit more civil and politely explained that for xxxxx reason the fine could not be withdrawn.
I would have been happy with something like that.
But!!
A public servant telling me to p**s off is not a good idea.
If anyone in public office speaks to me in that manner- I have no problem going over thier head.

At the end of the day-they are the servant, I am one of the public who pays thier wages.
A little respect goes a long way.
Chris6791
Chris6791
WA
3271 posts
WA, 3271 posts
18 Aug 2012 7:14pm
But you didn't go over his head. You took it to court, they are totally different.
Simondo
Simondo
VIC
8025 posts
VIC, 8025 posts
18 Aug 2012 9:35pm
BulldogPup said...

Pay up , get it over with and cop it sweet - shiz happens


+1
Shiz happens. Move on and do something more productive... Get out on the water, or give your girl a massage and you might even get reproductive!

PS - Yes a few clicks over limit and fine is total BS... I got caught out a few months back by a wicked looking HSV Holden Wagon Cop Car, but it was unmarked, all black, black tinted windows... I didn't pick him out... Saw him in my rear view and thought absolutely nothing of it... Then the lights and siren went... discretely mounted lights within the dashboard, and within the headlights... Flashing lights everywhere... I was dumbfounded on how they could conceal the light so well!
Simondo
Simondo
VIC
8025 posts
VIC, 8025 posts
18 Aug 2012 9:41pm
An old mate used to say he always factors in 1 speeding fine per year;
- Rego
- Insurance
- 1 fine
Besides, petrol, food, rent/home loan, wife/girlfriend, kid(s), and car depreciation are infinitely more expensive that 1 measly fine!
Simondo
Simondo
VIC
8025 posts
VIC, 8025 posts
18 Aug 2012 9:45pm
I was busted by something similar to this Green Machine. (On the left).

www.flickr.com/photos/nswhwpp/6041753540/in/photostream/

PS - I paid up and copped it sweet!
BulldogPup
BulldogPup
6657 posts
6657 posts
18 Aug 2012 8:06pm
Simondo said...

BulldogPup said...

Pay up , get it over with and cop it sweet - shiz happens


+1
Shiz happens. Move on and do something more productive... Get out on the water, or give your girl a massage and you might even get reproductive!

PS - Yes a few clicks over limit and fine is total BS... I got caught out a few months back by a wicked looking HSV Holden Wagon Cop Car, but it was unmarked, all black, black tinted windows... I didn't pick him out... Saw him in my rear view and thought absolutely nothing of it... Then the lights and siren went... discretely mounted lights within the dashboard, and within the headlights... Flashing lights everywhere... I was dumbfounded on how they could conceal the light so well!


Over here the fuzzlads have hot sixes at best , unless someone can tell us otherwise that is - usually tell em a mile away although I see some decent alloys on some cars these days .... the (good) WA wallopers getting a bit jazzed up
WA would never get HSV paddy wagons - all the bad buggers would steal 'em or deliberately get busted to get taken for a spin hahaha
sn
sn
WA
2775 posts
sn sn
WA, 2775 posts
18 Aug 2012 8:41pm
Chris6791 said...

But you didn't go over his head. You took it to court, they are totally different.


Fair call these days- but at the time I didnt know of other options like the ombudsman and similar alternatives.
The desk jockey at the time wasnt too interested in advising me of procedures, only that if I wanted to challenge the fine I had to take it to court.
So I took his advice.
According to the Magistrate- the Stat. Dec. was invalid as the prosecution need to be able to cross examine, If the dealership had been there in person to accept responsibility for the speedo needle being stuck at 15kph, I would have been OK!

stephen
Chris6791
Chris6791
WA
3271 posts
WA, 3271 posts
18 Aug 2012 10:56pm
^^ Fair bump, bad form by the dude behind the counter though. Shame it turned into something bigger than it needed to be because he was a dick.

My mum had a similar problem dealing with that office last year, she got snapped doing 87 in a 70 zone down Mandurah way, but she swears the camera was in the 90 zone. She was nice as pie and played the game and sought verification that the camera was in the correct location. She tried hard to have it resolved prior to getting to court but ended up taking it to trial. The prosecutor approached her right before the trial and saw on the file she tried to resolve it before hand, he was given the info she had been requesting and was able to show it to her before trial. She realized the mistake was hers and pled guilty and copped her fine. The prosecutor and magistrate were apparently great, but it never needed to get that far.

That Infringement Office must get so many tossers walking up those stairs and in the front door that they have to wear a thick suit of armour to deal with all the BS. Unfortunately the genuine/honest mistakes have to battle the same armour and often walk away frustrated.
bobajob
bobajob
QLD
1535 posts
QLD, 1535 posts
19 Aug 2012 11:18am
sn said...

I had no idea the system was going to work out like it did- the whole thing would have been sorted at the camera section counter if the bloke had been a bit more civil and politely explained that for xxxxx reason the fine could not be withdrawn.
I would have been happy with something like that.
But!!
A public servant telling me to p**s off is not a good idea.
If anyone in public office speaks to me in that manner- I have no problem going over thier head.

At the end of the day-they are the servant, I am one of the public who pays thier wages.
A little respect goes a long way.

+1
But typical of most public servants, the attitude is "there is and endless bucket of money and it's not mine."
Rea
Rea
2 posts
Rea Rea
2 posts
19 Aug 2012 5:57pm
thanks all for your opinions. Just out of interest, there was a line of traffic doing the same speed as me, and the policeman decided I was the one he was going to point the gun at, everyone else got away with it. I had just had root canal surgery and was in lots of pain so wasnt watching my speedo, just travelling behind a car in front. but once again, thanks for all your opinions.
Im going to phone and ask.
Dawn Patrol
Dawn Patrol
WA
1991 posts
WA, 1991 posts
19 Aug 2012 6:44pm
BulldogPup said...

Simondo said...

BulldogPup said...

Pay up , get it over with and cop it sweet - shiz happens


+1
Shiz happens. Move on and do something more productive... Get out on the water, or give your girl a massage and you might even get reproductive!

PS - Yes a few clicks over limit and fine is total BS... I got caught out a few months back by a wicked looking HSV Holden Wagon Cop Car, but it was unmarked, all black, black tinted windows... I didn't pick him out... Saw him in my rear view and thought absolutely nothing of it... Then the lights and siren went... discretely mounted lights within the dashboard, and within the headlights... Flashing lights everywhere... I was dumbfounded on how they could conceal the light so well!


Over here the fuzzlads have hot sixes at best , unless someone can tell us otherwise that is - usually tell em a mile away although I see some decent alloys on some cars these days .... the (good) WA wallopers getting a bit jazzed up
WA would never get HSV paddy wagons - all the bad buggers would steal 'em or deliberately get busted to get taken for a spin hahaha



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