Incorrect street name on infringement.

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Jon132
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Joined: Wed Apr 29, 2015 10:00 pm

Incorrect street name on infringement.

Postby Jon132 » Wed Apr 29, 2015 10:16 pm

Hi Shaun,

I received an infringement from the hwp 2 weeks ago for 74 in a 60 zone. I have a few issues with the infringement. Firstly the officer has stated on the infringement that he detected me at 128.3m away. That firstly puts me within about 200-250m of a change of speed limit from 100-60. Secondly the road and point that the officer detected me is not a straight section of road, no where where the officer could have been sitting did he have me traveling directly toward him. The road curves to the left away from where he was positioned. Is this grounds for an inaccurate laser reading? Is the distance from the change of speed too close given the drop of 40km/h? Last thing I noticed when mulling over the infringement was that the road he has put down as Yarra glen road, when in the melways and gps it's healesville-yarra glen road. There is no road by the name Yarra glen road in the town of Yarra glen. Is this something I could use in my defence if I choose to take it to court? And why does it state that I have 28days from the date the infringement was issued to opt to have the matter heard in court but then the due date is 42 days / 6 weeks after the infringement date.

Advice will be greatly appreciated!

Jonathan.

Hardy
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Re: Incorrect street name on infringement.

Postby Hardy » Wed Apr 29, 2015 11:11 pm

Read http://trafficlaw.com.au/fines.html and then let me know if you still have any questions.

nofines
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Re: Incorrect street name on infringement.

Postby nofines » Thu Apr 30, 2015 12:51 am

If the street is wrong, how do they know what speed zone you are in?

Hardy
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Re: Incorrect street name on infringement.

Postby Hardy » Thu Apr 30, 2015 8:12 am

It's only wrong if the Magistrate does not accept the evidence the police give about that when they are in the witness box in court. Until then it is just another thing that you don't agree with.

Gravy
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Re: Incorrect street name on infringement.

Postby Gravy » Thu Apr 30, 2015 9:51 am

Jon132 wrote:That firstly puts me within about 200-250m of a change of speed limit from 100-60.
The speed limit applies at the sign, not 300m after the sign. For a 40km/h step-down there will be '60 AHEAD' signs, not it that would necessarily make a difference to your defence if they weren't there.

Jon132 wrote:The road curves to the left away from where he was positioned. Is this grounds for an inaccurate laser reading?
The physics says yes, that would be less accurate than if the reading were taken on a straight. However, I wouldn't bother with that argument as a defence if I were you: the device will under-read your speed in that scenario. I could do the vector resolutions for you to take the bend out of the equation if you give me accurate measurements for the angles, but I guarantee the reading will be higher, not lower.

Jon132 wrote: Last thing I noticed when mulling over the infringement was that the road he has put down as Yarra glen road, when in the melways and gps it's healesville-yarra glen road. There is no road by the name Yarra glen road in the town of Yarra glen.
Firstly, neither Melway nor Garmin is the authority on road names. Secondly, a minor difference in the naming convention for a road is highly unlikely to convince a magistrate that you were either not speeding or not the person the cop pulled over. There's a road near my mother-in-law's house called Mornington-Tyabb Road; many businesses refer to their address as Tyabb Road. I bought a motorbike from a dealer on Frankston-Dandenong Road, commonly referred to in Frankston simply as Dandenong Road. It's a very common convention for township linking roads and I reckon does nothing to support your defence.

nofines wrote:If the street is wrong, how do they know what speed zone you are in?
I'd suggest it's very clear that the location of the alleged offence is correct, the police just haven't used the full name for the street.


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