Unseen mobile or hand held detection speeding fine

yobt
Posts: 23
Joined: Mon Mar 23, 2015 3:17 pm

Unseen mobile or hand held detection speeding fine

Postby yobt » Thu Jun 25, 2020 2:32 pm

I have received a fine for 80km in a 60km and the image supports the alleged offence.
1) Is there any way that I can check whether the camera was certified and sealed prior to a hearing, for example, online as per fixed cameras?
2) Would the police be required to produce evidence that the camera was certified and sealed at a hearing?
3) What is a hearing likely to costs if I am unsuccessful?
3) There are 2 other cars in the image, travelling behind my vehicle in the same direction. A yellow upward triangle is on the image to identify my car as committing the offence. Is this yellow indicator accepted by the courts as accurate in determining the speed of an individual vehicle when others are in the image?
4) Does the yellow indictor on the image tell us that the camera was a laser or radar type?

Many thanks in advance

Hardy
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Re: Unseen mobile or hand held detection speeding fine

Postby Hardy » Thu Jun 25, 2020 9:47 pm

1. The police will give you a copy of the certificates prior to the hearing.
2. Yes.
3. Around $80
4. The yellow marker is irrelevant. It is added just to help you, not the court.
5. The yellow marker is there to tell you which car is yours, in case you can't comprehend the text. The photo used at court usually doesn't have a yellow marker.

yobt
Posts: 23
Joined: Mon Mar 23, 2015 3:17 pm

Re: Unseen mobile or hand held detection speeding fine

Postby yobt » Thu Jun 25, 2020 9:52 pm

I am surprised to find that I would only be at risk of losing $80 if I go to a court hearing. I had assumed I might be asked to pay the police’s legal costs.

Hardy
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Re: Unseen mobile or hand held detection speeding fine

Postby Hardy » Thu Jun 25, 2020 9:56 pm


yobt
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Joined: Mon Mar 23, 2015 3:17 pm

Re: Unseen mobile or hand held detection speeding fine

Postby yobt » Fri Jun 26, 2020 10:06 am

I see. I remember a parking fine letter I receive some time ago that threatened with the possibility of having to pay the council’s legal bills if unsuccessful. I gather that speeding fines are a different ball game.

Gravy
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Re: Unseen mobile or hand held detection speeding fine

Postby Gravy » Fri Jun 26, 2020 2:30 pm

I think the difference might be that police have their own uniformed prosecutors, whereas councils often engage solicitors through contracts to represent the council (i.e. they don't tend to have trained prosecutors or practicing solicitors on staff - corporate counsel play a very different role). In the latter case, there is an actual out-of-organisation (i.e. billed) cost.

yobt
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Joined: Mon Mar 23, 2015 3:17 pm

Re: Unseen mobile or hand held detection speeding fine

Postby yobt » Tue Aug 18, 2020 6:50 pm

I opted for a court hearing. Today the police wrote to me saying they were withdrawing the fine.

Hardy
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Re: Unseen mobile or hand held detection speeding fine

Postby Hardy » Tue Aug 18, 2020 8:24 pm

Best of luck with the court case. You'll receive the charge in a couple of months. From your description of the photo I'm wondering if your case involves the new T Series speed cameras, which are subject to a review due to reports that they might not be as accurate as they should be. There is a chance the review will be completed next month, before you get a charge and summons. If the review finds these cameras have problems you probably won't get a charge and summons.


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