Less than 200 m from speed limit change

Prolaser III, Prolaser IV, Prolite+
Cloe
Posts: 4
Joined: Sun Oct 20, 2013 6:53 pm

Less than 200 m from speed limit change

Postby Cloe » Sun Oct 20, 2013 7:12 pm

Dear Sean,
First I'd like to thank you again for representing my husband, in court, on a traffic matter about 4 years ago. I was very appreciative of your professional, friendly, and respectful nature.
I recently got a speeding fine for allegedly doing 89 in a 70 zone. it was approaching the treble clef restaurant on payne's rd in chirnside park. I genuinely believed at the time that I was doing 80 in an 80 zone and informed the police of this when I was pulled over. He informed me that I had just left the 80 zone and that even though he had observed me slowing down, that I had not '.....slowed down enough'. He then proceeded to issue the infringement notice for the maximum initial speed he alleged. In the past I have paid my fines and taken the demerit points because I believed I was guilty. In this case, however I feel odd saying I'm guilty, by paying the fine, when I genuinely believed I was 'behaving'. My licence is not at risk as I only have 2 demerit points against my name.

My questions are this:
Can the police book you less than 200 m from a change in speed limit?
Can the police book you without monitoring your speed for 3seconds?
Since he acknowledged that I was slowing down is there are chance I may get the fine reduced to a lower speed and hence less demerit points if I go to court?
Should I just 'take the path of least resistance and pay the fine'?

Thanks in anticipation

oscar
Posts: 695
Joined: Thu Nov 10, 2011 7:00 am

Re: Less than 200 m from speed limit change

Postby oscar » Sun Oct 20, 2013 7:26 pm

yes
yes
to be of any benefit to you you'd have to have the speed dropped by 10kph to 79 in 70
up to you

Hardy
Site Admin
Posts: 8239
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Less than 200 m from speed limit change

Postby Hardy » Sun Oct 20, 2013 8:10 pm

The only viable options for you are to pay the fine or spend a day in court fighting it (plus two hours dealing with a case conference).
I take it you are going to claim it was an 80 zone and that your speed was 80kmh?
So it will be up to the judicial registrar to determine whether or not the police have sufficient evidence to prove the case beyond reasonable doubt.

rustyone
Posts: 517
Joined: Thu Nov 10, 2011 10:04 pm

Re: Less than 200 m from speed limit change

Postby rustyone » Mon Oct 21, 2013 9:11 am

take it to court, i drive on that road a lot, and a lot of drivers don't see the sign as there busy concentrating on the road. have a look next time your passing that way, it needs better signage.

Cloe
Posts: 4
Joined: Sun Oct 20, 2013 6:53 pm

Re: Less than 200 m from speed limit change

Postby Cloe » Mon Oct 21, 2013 2:11 pm

Thank you everyone.

Smiling Assassin
Posts: 77
Joined: Fri May 11, 2012 8:11 am

Re: Less than 200 m from speed limit change

Postby Smiling Assassin » Sat Nov 02, 2013 1:39 pm

A lot if drivers don't see the sign because they are concentrating on the road? Sounds like a great defence!
If we are talking about the change of speed zone just before Heritage Golf Course then you're dreaming. Those 70 signs are clear as day (and at night too!) sounds like you were speeding in both speed zones. Guess you've got to weigh up how much the fine is worth to you, if you win the case - happy days, if not, then cost of Hardy for the day ($1500-$2000) and you're loss of wages.

Hardy
Site Admin
Posts: 8239
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Less than 200 m from speed limit change

Postby Hardy » Sat Nov 02, 2013 8:13 pm

I'm up in NSW at the moment and a lot of the speed limit signs are accompanied by white painted numerals on the road surface telling you the speed limit. If you are concentrating on the road and not the signs it is impossible to miss the painted numbers on the road.

Slattery
Posts: 352
Joined: Tue Nov 06, 2007 10:24 pm

Re: Less than 200 m from speed limit change

Postby Slattery » Wed Nov 13, 2013 12:34 pm

"So it will be up to the judicial registrar."

I wonder how much $$$ the dept of Justice is saving by wheeling out judicial registrars to handle traffic matters instead of Magistrates.

Hardy
Site Admin
Posts: 8239
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Less than 200 m from speed limit change

Postby Hardy » Wed Nov 13, 2013 2:04 pm

None at all. Cos they all end up in the County Court on appeal.

Slattery
Posts: 352
Joined: Tue Nov 06, 2007 10:24 pm

Re: Less than 200 m from speed limit change

Postby Slattery » Wed Nov 13, 2013 2:12 pm

:wink:

Cloe
Posts: 4
Joined: Sun Oct 20, 2013 6:53 pm

Re: Less than 200 m from speed limit change

Postby Cloe » Sun Jan 12, 2014 2:25 am

I stupidly elected to go to court. I haven't even got my summons yet and I can't sleep. Stress and anxiety caused worrying about going to court. I then find out today that if I go to court and loose ( or plead guilty) then I get a conviction which doesn't happen if I just had of paid the fine. I'm so naive. I didn't realise there was a difference. Wish I had of known that. It would of helped me make my decision to just pay the fine.

Wish I could request for the infringement notice to be reissued.
So stressed.

I'm not a dumb person but I obviously know nothing about law.

Hardy
Site Admin
Posts: 8239
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Less than 200 m from speed limit change

Postby Hardy » Sun Jan 12, 2014 9:21 am

You are mistaken on most counts. The only practical disadvantage in going to court is the time it takes you to attend court.
The risk of a conviction in your case is firstly totally irrelevant to anything, secondly infinitesimally small even if you think it is relevant in your life.
The stress and anxiety you are feeling is not a legal problem so it is not something that a lawyer can advise you about. Many people look forward to their day in court - after all they are the ones who requested it so they can seek justice and vindication. However, some people get anxious - particularly those who are worried about how their bullshit will stand up in court….
It is almost impossible now to get the fine re-issued. You could try asking the police member to reissue it and see what happens.
There is no practical difference in outcome between having the fine reissued and pleading guilty at court.

Cloe
Posts: 4
Joined: Sun Oct 20, 2013 6:53 pm

Re: Less than 200 m from speed limit change

Postby Cloe » Sun Jan 12, 2014 10:12 am

Cementing the fact that I know nothing about law and understand very very little.

Thank you Sean. I feel a bit better after reading this.

Thank you for you time.


Return to “Lasers”

Who is online

Users browsing this forum: No registered users and 1 guest