Caught For Speeding And I Wasn't Speeding

[fullypaully]

This is my story, tell me what you think and what l can do, any help is appreciated.

3 charges -

Driving on suspended license - l had not received the letter in my mail but surposally my license is suspended now this might just b my bad luck

Drviing without P plates - Fair enough l can take this charge l wont fight against that

"Doing 105.5 kmh's in a 80 zone!!!"

l am a red P-plater, l am driving a 1993 Ford telstar TX-5, it is stock as a bone.

Driving home 3am in the mourning with my "CRUISE CONTROL" button on set at "80 KM/H" going down a hill on cruise control the speed may pick up to about 85 km/h cause the car is rolling.

l look in my review mirror and a car l can see far away is going very fast " looked like to me around 105.5 km/h" coming up behind me then slows down fast and drives right up my ass, l double check my speed to make sure l am going only 80 cause i thought he might of been a cop car, 10 seconds later a cop car comes out of no where behind the car that was speeding behind me, puts his sirens on, overtakes the car behind me, gets behind me and pulls me over.

Police officer comes out the car and claims l was doing 105.5 km/hs in a 80 zone, l told him how can i be going 105 km/hs when l have cruise control on set at 80 km/hs , l pointed out the cruise conrol light that was on.

Officer claimed l "overtook" the car behind me where l was in the left hand lane the whole way and the car behind me came speeing up "my" ass

l hope the police has a video of the whole thing, and l hope they have audio of the entire conversation.

Another question is are the police meant to wait till someone picks you up ?, l had run out of credit on my phone and went up to the police car and told them l have no credit to ring anyone, they ummmmed and hmmmd and said there is no emergency phone boxes around here and said "we dont have time", l then said, oo l think i can recharge using my direct debit card, they said ok, l went to my car to get my wallet and they drove off leaving me there and turns out u can not recharge using the direct debit card over the phone so i was left there with no contact with anyone, thanks for keeping us safe.

So my question to everyone is, can l do anything about this ? they told me l will have to go to court, l need to wait for the letter to come to my mail, lm going to go get legal advice, is it worth it ?

Thanks

[pieisnice]

Right a letter explaining yourself if that fails then you will see yourself in court... Not alot you can do but make it a damn good letter.

[fullypaully]

Right a letter explaining yourself if that fails then you will see yourself in court... Not alot you can do but make it a damn good letter.

who would i write the letter to???, l was told l will get a letter to go to court in 6-7 weeks ?

[bnr#@]

Letter must be addressed to: "officer in charge of (enter fine issuing officers name here)"

[NIS.26L]

Dont bother fighting it jus pay the fines if they gave them to you and try to keep it out of court there is no way a judge will see it your way, they more than likely done a rego check on your car and seen u dont have a licence pulled you over to see who was driving and jus booked you for speeding aswell(going downhill with cruise controll on doesnt mean u were doin 80 sorry mate ), long weekend worst time to drive with double demerits and all

good luck

[schnorky]

hmm hard to fight bloody cops

even im becoming one lol

they think they are the law

you might hav a chance in court

if you know how to talk to cops, know how to beat them in a argument without getting arrested u do hav a chance

you gotta know a cop to find all this shit out

if you jnow how to talk to a cop you can get away with anything

and an answer to your credit problems

1800 mum dad

lol lifesaver!! like 1800 reverse but for mobiles

gud luk bro

[SECURITY]

court will think you're lying about the suspension notice - that excuse has been used around a billion times before.

your only hope is that they have it all on tape and its clear enough to clear you from the speeding fine.

either way you might be stuck with an extended suspension and a fine for driving while suspended (if they dont believe your story) but you might cop a fine and extended suspension anyway because you didnt have any p-plates on.

[reaper]

speak to a lawyer, I know alot of people that get off driving while suspended because it cant be proved they have been notified

as with the speeding fine if they have video itll show you in the right, if you dont you'll more than likely get off it

court is your only option and definately speak to a lawyer

[Sheng]

take it to court, explain your version.

[MaTBoY]

You guess the car behind you was doing 105.5km/h? You must be a good guess! Are you calibrated?

If you had a licence there'd be a good chance you could fight it, that is if the cop remembers there being another car that was speeding and wasn't you *good luck.

But the fact that your driving unlicenced, and that you've recently lost your licence for traffic offences I'd assume means you'd have 0% of getting out of this one.

Good luck if you try though.

[bt23]

if you are caught driving with a suspended license i dont think you can get away with any of the above. in all honesty i wouldn't bother taking it to court - it will most likely waste your time and money!

[Dose Pipe Sutututu]

hmm hard to fight bloody cops

even im becoming one lol

they think they are the law

you might hav a chance in court

if you know how to talk to cops, know how to beat them in a argument without getting arrested u do hav a chance

you gotta know a cop to find all this shit out

if you jnow how to talk to a cop you can get away with anything

and an answer to your credit problems

1800 mum dad

lol lifesaver!! like 1800 reverse but for mobiles

gud luk bro

lol, better hope your car isn't defective and it's engineered... don't want to be a hypocrite do we? haha

[bt23]

lots of cops are hypocrites! lol

one of my best mates is in goulbourn now and his previous exhaust used to set off alarms in underground carparks. not to mention when i was looking around for an r33 one of the ones i test driven was from an officer too (heavily modded at that)

[fullypaully]

well to answer to all your questions -

l'm having to have to go to court anyways l think the police man said that i will get a letter in 6-7 weeks to tell me my court date and he took my licence.

l'm guessing the car behind was doing 105 or very close to it cause l was doing 80 - 85 and he was catching me extrmely quickly.

The officer said he is recording the convo and video so does the video and auido record 24/7??? if so if their car was facing the street they might have a good view of me driving with the car speeding behind me ?

Someone said if i have cruise control on it goes over its limit - yes it does if i set it at 80 and im goign down hill it will go to 85 it is impossible for it to reach 105.5 km/hs

the car is stock as can be its a 1993 ford telstar tx-5, it is registered under my dads name so they could not of done a rego check on the car and see the driver is unlicenced.

A question for everyone, the speed guns they hold to take your speed, how far of a distance are you or can you be when they read ur speed?

l ask this because at the time they were taking my speed l dont even know if my car is fast enough to get to 105.5 km/h from around the bend l was turning from at 80 km/h which was a 1 lane road which u obviously cant drive fast around in my sort of car as the handling is a piece of shit at higher speeds

[Vik]

I got done doing the same shit.

Its sorta useless in my case because of my stupidity but i feel for you man.

Take it to court. Get yourself a lawyer. Have a chat to him. They will come up with something.. trust me.

The whole not recieving suspension doesnt mean a thing. You were expecting to get suspended right? If you arent 100% sure that you have a valid license then you shouldnt even touch your keys.

Secondly, if they had audio / video.. then your saved...

If they didnt, then you have a good chance. Because if a copper from my experience is finding out how fast your going. Will need it on video to be proven in court. As long as in the video you explained the circumstances, and didnt admit to speeding then you have an alright case i guess.

Dont expect to be let off for all your charges, because the courts gonna' call you an idiot for driving with no plates during double demerits, and will probably try to prove that you were driving as your dad because its rego'd under his name. And that you knew you were suspended, but took your dads ride out thinking if a rego check was done then it would just come up as an old person with a full license and they wont even both with a stock looking TX5 ..

Take a pic of your car aswell with specs.. character report from people real close to you. Have a reason to why you depend on your transport PRIVILEGES! Remember that word privilege.. Im serving a long Disqualification with a Good Behaviour bond because of a similar incident. And trust me.. if you go unrepresented your gonna' get the minimum 2 years on top, no chance of the Drivers Coarse thats offered at your local community centre, and you will also have to do community service and serve a 12 month good behaviour bond.

I did alot of research into this, they will throw your case in the bin if you go unprepared. They will throw you out of the court laughing if your main arguement is the fact that you didnt recieve that peice of paper that tells you that your suspended.

MRXTCZ

[fullypaully]

I got done doing the same shit.

Its sorta useless in my case because of my stupidity but i feel for you man.

Take it to court. Get yourself a lawyer. Have a chat to him. They will come up with something.. trust me.

The whole not recieving suspension doesnt mean a thing. You were expecting to get suspended right? If you arent 100% sure that you have a valid license then you shouldnt even touch your keys.

Secondly, if they had audio / video.. then your saved...

If they didnt, then you have a good chance. Because if a copper from my experience is finding out how fast your going. Will need it on video to be proven in court. As long as in the video you explained the circumstances, and didnt admit to speeding then you have an alright case i guess.

Dont expect to be let off for all your charges, because the courts gonna' call you an idiot for driving with no plates during double demerits, and will probably try to prove that you were driving as your dad because its rego'd under his name. And that you knew you were suspended, but took your dads ride out thinking if a rego check was done then it would just come up as an old person with a full license and they wont even both with a stock looking TX5 ..

Take a pic of your car aswell with specs.. character report from people real close to you. Have a reason to why you depend on your transport PRIVILEGES! Remember that word privilege.. Im serving a long Disqualification with a Good Behaviour bond because of a similar incident. And trust me.. if you go unrepresented your gonna' get the minimum 2 years on top, no chance of the Drivers Coarse thats offered at your local community centre, and you will also have to do community service and serve a 12 month good behaviour bond.

I did alot of research into this, they will throw your case in the bin if you go unprepared. They will throw you out of the court laughing if your main arguement is the fact that you didnt recieve that peice of paper that tells you that your suspended.

MRXTCZ

thanks for the detailed reply, l have an appointment in about 2 weeks to go get legal advice, l'll see what happens there, but yeah he said to me when he got to the car that this is video and audio recorded etc and l pointed out that the cruise control light was on and he said yes that he can see the light is on, l'll see what happens

[eeiko321]

firstly, i advise you to learn from your mistakes....

the things you did were were wrong..

secondly, i dont think its worth taking anything to court....

ive had mates whom thought theyd stand a chance......

sometimes you win......

but most cases you lose...... your a P-plater whom ..lets say lost your liscnece....

and NOT WEARING P -plates........ a RED p-plater......

and with all the P-plater rant raving on....... who do you think the judge and jury are going to take sides with?

if i were the Jury id immediately refuse any sympathy towards the P-plater...

anyhow . the mates ive mentioned....lost ALOT of money through court...and you will have to study study study study & STUDY the court rules and the law so you gotta constantly know what your talking about in there..eventually your just gonna exhaust yourself..... otherwise your gonna sound like a thick headed p-plater...

theres some guys here whom have taken things to court....put all thier effort, time and money in.. and lost the case and come out as a broke man feeling like an idiot with the coppers laughing at them after the court hearing....

[fullypaully]

well either way i have to go to court ??

[eeiko321]

well either way i have to go to court ??

well if you have been issued a court hearing....then yes you have to attend....

e.g drink driving....is an instant courtcase...

i guess just you gotta study the law a bit before hand so you know what your talking about and your rights etc.

dont always rely on the solicitor or lawyer......coz at the end of the line its your balls not thiers.....

[s13_Skyline_inside]

will be interesting to see the outcome and to know what a lawyer says to you, please continue your post with further info

Edited January 27, 2009 by s13_Skyline_inside