Speeding Fine Court Hearing

Hi, I have been pulled over in Queensland for doing a speed of 116 k/h in a 100 k/h zone. At the time my car's cruise control was set on 100 k/h and I wasn't over as i checked my speed before the police officer pulled me over because i saw him coming. So I elected for a court hearing as I think the fine was given to me unjustly. What do you guys think will happen? do you think i have grounds to stand on or will the judge laugh in my face? Also when I go to court I thought i can represent myself. Is this a good idea?

Thank you for the quick response citizen181, I'm really getting stressed over this. When the police officer pulled me over I told him I could not have been going at a 116 km/h because my vehicle cruise control was set on 100 km/h. He told me he can show me on his radar in the car (it was mounted on the dash of his car). The reading did say 116 but i still denied it because i have a brand new car and there is no way the cruise control can be out by 16 km/h. When I go to court what would I have to prove? Because I cant prove to the police officer that I was traveling at a 100km/h because it's my word against his. How can someone possibly prove how fast he was going? At one stage I did think that he would have clocked someone else because there was a couple of cars that over took me that was definitely speeding. But because I am i P plater he would have just picked on me and maybe used the speed recorded from another vehicle.

And yes I am a bit behind the eight ball, this is the first time that someone has pulled me over. Although I did receive a speeding ticket last year for going 96 km/h in an 80 km/h zone. I was caught with a stationary vehicle next to the road. That time I was guilty though. I just hope that won't interfere with this fine as I know I'm not guilty this time.

I see, That's a little unfair. I mean every corrupt cop would have it really easy because his word is always considered higher. Before I mention about a fine I got last year, I am getting that one point back in September and my court case are in October. If I plead guilty and just try and have the fine reduced or something. Would I have all 4 my points back again? That way if I lose these 3 I would still have one left? Or will I lose my license no matter what I do here?

It does look tough for you, but if you are to go forward then, given the information on other cars possibly triggering the detection, the first thing you can do is to ask to see the on board camera footage of the offence. If it is as clear cut as the Police are alleging then it will almost certainly be available for them to use in court as camera evidence is "prima facie", simply said it is all but impossible to challenge. If they say it is not available it gives you the opportunity to raise some doubt as to the accuracy of the detection. As I mentioned earlier the location of the detection is important, there are many areas that are unsuitable and not approved for speed detection, you need to determine if this was an approved location, although with vehicle mounted radar they do have more latitude. You need also to ascertain the service history of the radar and whether all checks where completed on the day of the detection, there are rules and paperwork the police must complete to certify the accuracy of their devices. As to the honesty of the police officer, this is a dangerous route and unless you are experienced in court room procedure and questioning, not one to consider pursuing. The only real evidence that you might admit here is a list of the any other infringements the officer issued immediately prior to yours, it is revealing if the one,two three or five tickets before yours where all 116kph. Finally, get your local dealership to check and provide a statement as to the accuracy of your cruise control and speedo, you can do it yourself using a GPS, but it will carry a little weight if done by a authorised agent. My speedo is 9kph out when checked this way, but to the safe side, i.e, indicated 110kph, actual 101kph. The ADR's allow for up to 10% error, and the police know this and set their detectors accordingly to avoid error.

Final point, if you want to stand up and attend court, then even though you may loose, I'd say its 60/40 against you at the moment, you may minimise the penalty and if not you will learn a lot. You will have to keep in mind the court process as well. You have stated that your first appearance is October, this will for you to enter a plea, if you plead guilty, but choose to offer mitigating evidence and character references then it will be dealt with then and there. If you choose to plead not guilty, it should be put over and the police will provide you with a brief of the evidence they have against you.

As to the points, as soon as you admit the charge they will be deducted, if this is before you get the 1 point back, it will give you a loss of 4 and an automatic suspension. Waiting until after it is returned provides the opportunity to avoid this situation, that is you will have a positive 4 points, although the court can still suspend though it would be unlikely.

Edited by citizen181 - 29/July/2012 at 13:11

Originally posted by StandTall I think you will lose on this one. It's your word against his and his is regarded as #1. The only way i can see you winning this is if the court believes your sincerity or/and the officer has had few simmilar cases on or around that date, ie. the equipment was malfunctioning or aimed incorrectly. I would bring this up in court and ask the officer if this was the case. Good luck.

Originally posted by shoeverine I find it interesting that it has been suggested that you look into the officer’s history, so that his credibility can be called into question.....yet at the same time, your history now reveals that you are certainly no stranger to traffic tickets yourself.....don’t read too much into it…….just some food for thought :)

Originally posted by citizen181 As to the honesty of the police officer, this is a dangerous route and unless you are experienced in court room procedure and questioning, not one to consider pursuing. The only real evidence that you might admit here is a list of the any other infringements the officer issued immediately prior to yours, it is revealing if the one,two three or five tickets before yours where all 116kph.

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No one here including myself (above top in quote) is questioning the honesty of the officer, far from it.

It is just acknowledging the fact that the equipment may be mafunctioning and if there may have been a few bad readings around that date.

Since you have lost demerit points previous and possibly near the max permissible amount, this is a negative for you.

Edited by StandTall - 29/July/2012 at 21:28

I see you are in Queensland, you might like to read this story about faulty speed detectors.

You will not get a reduced penalty, the minimum fine will be the ticket penalty, they may add something to that if it goes to court. Get that dynamometer check and present the certificate to the court with your statement that you were using your cruise control.

And defiantly do not say you saw the reading on the speed camera. I'm sure you don't remember seeing it, if they ask.

Thats the thing though, i have a 2012 subaru impreza. Thats a 30 thousand dollar car. The speed controll is pretty good.i tested it with my gps after i got pulled over and it never exceeds the speed i set it at. Thats why i just cant understand why i've been booked doing a 116 km/h. It just doesnt make sense. But i'll let you guys know how the court case go when i get to it.

Thanks for all the help

No, the car is stock, and i already checked it agains the gps. When the gps reads 100 the car reads 97. And it doesnt matter whether or not i go down hill, the cruis controll stays there. Some it might vary with about 3 km/m if i go uphill but it doesnt go over at all.

Checking on a GPS is useless and will not be accepted by a court, again at the risk of having this thread closed, have you taken the car to an authorised checking station and had the speedo checked yet?

If not we are all wasting our time here.