Gt-r 40km/h Over. Need Your Help!

[[200]]

1st mistake was being naughty.

2nd mistake was admitting to it...

It wouldn't take much to subpoena the records from this forum if it ever went that far with option 3.

[eastes]

1st mistake was being naughty.

2nd mistake was admitting to it...

It wouldn't take much to subpoena the records from this forum if it ever went that far with option 3.

Being naughty was definitely a mistake. It's shameful. Happened so quickly and can't believe it happened to me. Regarding the 2nd mistake... I have stated that I have been caught speeding. That doesn't mean I admit I was travelling at that speed.

Additionally, I'm not prepared to blatantly lie and say that "it wasn't me sir, it was him". So I don't feel there is much on here that I wouldn't share with a judge.

I still think the risk has been worth the benefit of all the advice from fellow members so far.

[alex182]

also frame the photo and hang it on ya wall

[WHITER33GTS-T]

you can clearly see that the ute sped up to 122kmh so you could not pass.

what a prick

I would be going along the lines of the above. You pulled out to pass, the other car sped up and you were dropping behind as he pulled ahead... lol

[gdogzgtr]

My advice like others before is to contact a traffic solicitor and find out if you can get off due to 2 cars in photo. All depends on type of camera and whether it's using radar or laser to judge speed.

If you can't get off on that then i would suggest contesting the fine and pleading guilty to the 39km/h over and not losing your license.

As a police member I get almost every speeding fine contested when it's within few km/h over license suspension speed and we always accept guilty plea at slightly reduced speed which either keeps their license or they only get suspended for 1 month instead of 6.

Hope this helps

[666DAN]

you can clearly see that the ute sped up to 122kmh so you could not pass.

what a prick

I hate those c$#ts

[666DAN]

I bet they sent the photo to both of you, waiting for someone to admit guilt, or super-happy-bonus both of you say you did and cop the fine

[waxracing]

I wouldn't say the ute sped up to 122 but I would say he sped up to stop you passing and due to the fact you were already 75% of the way through the maneuver and you believed that breaking hard din the rain would be unsafe you sped up your self to pass the car. The ute driver was being an idiot by driving slow on the corners on purpose then speeding up to stop you passing

[Adriano]

I would ask for further evidence, by the time that comes, then you may choose to contest it at court, you should have some points back at least.

[FineLine]

I bet they sent the photo to both of you, waiting for someone to admit guilt, or super-happy-bonus both of you say you did and cop the fine

Bingo!

[Lazy-Bastard]

I would ask for further evidence, by the time that comes, then you may choose to contest it at court, you should have some points back at least.

40+km/hr over is an immediate suspension regardless...

[GTR-N1]

I bet they sent the photo to both of you, waiting for someone to admit guilt, or super-happy-bonus both of you say you did and cop the fines

fixed

"you" is plural

[eastes]

My advice like others before is to contact a traffic solicitor and find out if you can get off due to 2 cars in photo. All depends on type of camera and whether it's using radar or laser to judge speed.

If you can't get off on that then i would suggest contesting the fine and pleading guilty to the 39km/h over and not losing your license.

I just spoke to a traffic solicitor and he seemed to be most interested in selling his "hardship application" service for $1200 or something. Will try one more tomorrow.

As a police member I get almost every speeding fine contested when it's within few km/h over license suspension speed and we always accept guilty plea at slightly reduced speed which either keeps their license or they only get suspended for 1 month instead of 6.

This is positive news. Does this also apply to speed cameras? And are you talking about your personal offences or your roll at work?

[hungry6]

Ok, I rarely makes comments or post, but my advice to you is FIGHT IT, it will cost you upto and may be more then $10000.00 it does sounds lots, but it is cheap! The long term ripple effect of suspended license can cost alot re-insurance. Since ou already driving an R35

And for all of those that say take it on the chin. I will give everyone 2 very real scenarios, One of them is myself.

2 drivers with the same high $$ value cars went for insurance

both drivers have similar driving habits.

Driver 1 fight every fine at great cost and inconevience.

Driver 2 pays fine because it convenient and cheaper at the time

Driver 1 policy cost is $5500 per annum

Driver 2 policy is around $27500 per annum

and this is getting repeated every year on each and every car that requires insurance.

Do the maths and come to your own conclusion, but you may say I will never drive car of those values, Never say never.

No court or magistrate in Australia will take any info from site like this to the bench.

All info in regards to speed "alledged" is in reference to what is printed on the ticket and not actual speed at the time

The speed sensing device used in that image is not "LIDAR" Its all there infront of you.

Good luck!

[FrangaR33]

My advice like others before is to contact a traffic solicitor and find out if you can get off due to 2 cars in photo. All depends on type of camera and whether it's using radar or laser to judge speed.

If you can't get off on that then i would suggest contesting the fine and pleading guilty to the 39km/h over and not losing your license.

As a police member I get almost every speeding fine contested when it's within few km/h over license suspension speed and we always accept guilty plea at slightly reduced speed which either keeps their license or they only get suspended for 1 month instead of 6.

Hope this helps

Top advice from the horses mouth, good to know if any of my "friends" ever get into any speeding fine difficulty.

Edited September 22, 2010 by FrangaR33

[Kinks]

I was going to suggest pleading guilty and asking for a Section 10..

http://www.armstronglegal.com.au/web/page/section_10

unfortunately:

2. If you have committed a traffic offence which attracts demerit points, and you are worried about the loss of license, a section 10 will not help. The RTA will still impose the demerit points even if you get a section 10.

so it wouldn't help you in terms of licence suspension to do this.

Definitely seek legal advice from a few people. My personal opinion is that you plead not guilty, go in front of a judge and say I'm sorry, I wasn't looking at my speedo I was concentrating on getting the overtaking maneuver completed in the safest possible way. When I received the fine I was blown away by the alleged speed, I know I have a performance car but I had no idea my car was capable of so much acceleration in such a brief period and it was not my intention to exceed the speed limit.

Unfortunately if you do this, you either plead not guilty (which means you have an uphill battle) or guilty (in which case kiss your licence goodbye even if they give you a section 10).

It's f**ked, is what it is. I'd hate to see the road toll if people overtook at 5km/h because that was the speed limit.

[Bronx]

do what 90% of all my mates do, eventhough we are younger, say you were not the driver of the vehicle, get someone with a international licence to fall for you ( for me its easy because i have alot of international friends), they dont get demerits, just pay the fine for them and your all sweet.

its always worked. but you didnt see me write this

[gdogzgtr]

Eastes, In relation to the speeding fines I was talking about my role at work. I have no idea about camera fines but would expect that it would be similar that you would contest fine and go to court to and have contest mention day and negotiate with camera/police informant and prosecutor and say that you will plea to the 119 and they would except in almost every case because it saves them putting full case together to prove 100% accuracy of camera, expert witnesses etc etc etc

They win case so they are happy with less work and you get lesser speed equaling win for you!

I have personally been police informant in about 10 similar cases in last 2 years and all ended up going that way.

[eastes]

Eastes, In relation to the speeding fines I was talking about my role at work. I have no idea about camera fines but would expect that it would be similar that you would contest fine and go to court to and have contest mention day and negotiate with camera/police informant and prosecutor and say that you will plea to the 119 and they would except in almost every case because it saves them putting full case together to prove 100% accuracy of camera, expert witnesses etc etc etc

They win case so they are happy with less work and you get lesser speed equaling win for you!

I have personally been police informant in about 10 similar cases in last 2 years and all ended up going that way.

Very interesting! Thanks for your input. This is why my solicitor was hoping it wasn't a speed camera. He said it was far more difficult to plead guilty to a lessor offence when there is proof in the speed camera. He agreed with what you said when given a ticket by an Officer, but not so much when it's a speed camera. It still feels like the right approach though.

[eastes]

do what 90% of all my mates do, eventhough we are younger, say you were not the driver of the vehicle, get someone with a international licence to fall for you ( for me its easy because i have alot of international friends), they dont get demerits, just pay the fine for them and your all sweet.

its always worked. but you didnt see me write this

I have a lot of international friends too. But the ones who live here, need to drive here. I'm not prepared to do this really. I've read that some people go to the local back packers and get a broke tourist to take a fall. Would probably work, but I'm not prepared to do this. Even though I've done wrong, my conscious is clean. I don't want to dirty it up now.