Alleged 68 in a 40 Hwy Roadworks Defence

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Day
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Re: Alleged 68 in a 40 Hwy Roadworks Defence

Postby Day » Mon Jul 01, 2013 9:09 pm

a11djr wrote:That was unclear, going off the photos of the area I tendered and also taking into account the informants agreed position it's to hard to guesstimate. If you take the distance claimed by the officer he locked onto the vehicle, and work out it equates to 59 car lengths then I would be safely still be in the 80 zone.
I don't think that could be put forward as an argument though.


It would have been on the original ticket. They would have written down the detected speed and the distance you were from then when they detected you. So you measure back from the location you saw them sitting at, back to where you were detected.

a11djr
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Re: Alleged 68 in a 40 Hwy Roadworks Defence

Postby a11djr » Mon Jul 01, 2013 9:19 pm

Day wrote:
a11djr wrote:That was unclear, going off the photos of the area I tendered and also taking into account the informants agreed position it's to hard to guesstimate. If you take the distance claimed by the officer he locked onto the vehicle, and work out it equates to 59 car lengths then I would be safely still be in the 80 zone.
I don't think that could be put forward as an argument though.


It would have been on the original ticket. They would have written down the detected speed and the distance you were from then when they detected you. So you measure back from the location you saw them sitting at, back to where you were detected.


But this was 6 months ago now, and all I have now are the photos. But surely there is a requirement that at the geographical point where I was alleged to have exceeded the limit, the requisite signs are expected to have conveyed the limit to me or any approaching motorist in sufficient time for them to reduce from a previous lawful speed to a speed within the new limit.

Day
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Joined: Wed Mar 19, 2008 4:51 pm

Re: Alleged 68 in a 40 Hwy Roadworks Defence

Postby Day » Mon Jul 01, 2013 9:52 pm

If you were planning to contest. Then at the time of receiving the fine or near to it would have been the time to go look. Saying now six months later, you don't recall the position of the police or the sign doesn't help. You are relying on their word, and if you are not happy with what they say, you now can't say otherwise.


Just out of interest, on what grounds are you appealing, given you have seen the footage?

Hardy
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Re: Alleged 68 in a 40 Hwy Roadworks Defence

Postby Hardy » Mon Jul 01, 2013 10:01 pm

The only ground you need to lodge an appeal is that you have been sentenced in a criminal matter and you are dissatisfied with the result. That's why no one will inquire what your ground of appeal is. They will ask if you are going to plead guilty or not guilty at the appeal so they can allocate appropriate time and ensure the prosecution witnesses turn up if it is a not guilty plea.

Obviously the reason for an appeal is so you can have a second chance at winning the case. The magistrates court is often used as a dress-rehearsal for the main event in the county court.

a11djr
Posts: 10
Joined: Tue Jun 25, 2013 10:52 pm

Re: Alleged 68 in a 40 Hwy Roadworks Defence

Postby a11djr » Mon Jul 01, 2013 10:15 pm

Hardy wrote:The only ground you need to lodge an appeal is that you have been sentenced in a criminal matter and you are dissatisfied with the result. That's why no one will inquire what your ground of appeal is. They will ask if you are going to plead guilty or not guilty at the appeal so they can allocate appropriate time and ensure the prosecution witnesses turn up if it is a not guilty plea.

Obviously the reason for an appeal is so you can have a second chance at winning the case. The magistrates court is often used as a dress-rehearsal for the main event in the county court.

Thanks Hardy
I will await the date and then see what comes of it. :(


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