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

[syfon]

I would say to contact the QLD Police and advise them that due to the other vehicle in the photograph, they are not able to accurately determine your speed. If need be contact a solicitor about this for some vehicle.

[eastes]

I would say to contact the QLD Police and advise them that due to the other vehicle in the photograph, they are not able to accurately determine your speed. If need be contact a solicitor about this for some vehicle.

Will take on the advise to speak to another solicitor. Unfortunately the QLD Police thing won't work. I know 5 cops. My best friend is a cop. It is nothing to do with them. It'd be like ringing up the transport department and saying "hi, I need to book my car in for a service".

Edited October 25, 2010 by eastes

[syfon]

Yeah i understand what you're saying, but in WA if you get flashed and there is another car in the photo or you are overtaking someone etc, you won't receive the fine as they can not accurately determine who is speeding (that's for a multi-nova).

I'm not sure if it's the same now as there are new speed cameras, but I have been flashed a few times while overtaking and never received the fine....and I even work for the Dept of Transport in WA, LOL.

[fungoolie]

Yeah i understand what you're saying, but in WA if you get flashed and there is another car in the photo or you are overtaking someone etc, you won't receive the fine as they can not accurately determine who is speeding (that's for a multi-nova).

I'm not sure if it's the same now as there are new speed cameras, but I have been flashed a few times while overtaking and never received the fine....and I even work for the Dept of Transport in WA, LOL.

I agree. The reason fines are not issued for two cars in the photo is not just because you cannot be certain who is speeding but also because the accuracy of the readings can be comprimised by the effects of two targets in close proximity to each other. I cannot stress enough not to overlook that the legislation itself may actually preclude fining you in this situation and it would be unwise not to explore this avenue. Again it may be a case of bluff and if you don't take them to task on it and just roll over you will be the poorer for it. Find a solicitor that understands the traffic laws!

[wht510]

I agree. The reason fines are not issued for two cars in the photo is not just because you cannot be certain who is speeding but also because the accuracy of the readings can be comprimised by the effects of two targets in close proximity to each other. I cannot stress enough not to overlook that the legislation itself may actually preclude fining you in this situation and it would be unwise not to explore this avenue. Again it may be a case of bluff and if you don't take them to task on it and just roll over you will be the poorer for it. Find a solicitor that understands the traffic laws!

I agree. In addition, agree with previously said about radar speed detectors in car, not LIDAR.

Keep us in the loop on how you go. Following with interest.

[GTR59]

Been in a similar situation.

I was on my motorbike accelerating from lights at the start of the SE freeway heading south over the bridge from the city. Unmarked police car behind me at the lights. He pulled me over and said I was doing 120 in 70 zone. I didn't even realise it started as a 70 zone. anyway went to laywer - he said that they wont care what you say , there is no bargining, no defence. Not worth trying to contest it.

Our plan:

Go to the compulsory court hearing with laywer, and apply for 'good behaviour licience' - 1 point for 1 year. To do this, you have to prove that you need your licience for your work and you will suffer extreme hardship (ie lose job , house etc) if you loose your licience. You will then have to pay the fine and your legal costs .

Cost me about $3000. And the Judge added that if i appear before him again then he will not be granting me a good behaviour licience again.

[fungoolie]

Been in a similar situation.

I was on my motorbike accelerating from lights at the start of the SE freeway heading south over the bridge from the city. Unmarked police car behind me at the lights. He pulled me over and said I was doing 120 in 70 zone. I didn't even realise it started as a 70 zone. anyway went to laywer - he said that they wont care what you say , there is no bargining, no defence. Not worth trying to contest it.

Our plan:

Go to the compulsory court hearing with laywer, and apply for 'good behaviour licience' - 1 point for 1 year. To do this, you have to prove that you need your licience for your work and you will suffer extreme hardship (ie lose job , house etc) if you loose your licience. You will then have to pay the fine and your legal costs .

Cost me about $3000. And the Judge added that if i appear before him again then he will not be granting me a good behaviour licience again.

Whats similar about that situation? The police officer tracked you using his eyeballs and speedo. There was no possibility of measurement error or not being able to ascertain who was actually speeding. Yours was an open and shut case.

Edited November 6, 2010 by fungoolie

[Mayuri Krab]

Yeah i understand what you're saying, but in WA if you get flashed and there is another car in the photo or you are overtaking someone etc, you won't receive the fine as they can not accurately determine who is speeding (that's for a multi-nova).

I'm not sure if it's the same now as there are new speed cameras, but I have been flashed a few times while overtaking and never received the fine....and I even work for the Dept of Transport in WA, LOL.

On our way back from Kalgoorlie my dad got flashed (for going 104km/h in a 90km/h zone) when he was almost done overtaking a truck & still received the fine about a month later (was during double dermerit points time too)...

He paid it & told me to keep my mouth shut in front of my cheapskate Aisan mother

[wori]

So, I have been caught by a speed camera doing 40km over. It was a once off stupid mistake and very regrettable.

I was following a friend up a quiet mountain drive when we came across a slower car for a while. At first opportunity we used a long overtaking lane. While watching the road ahead and focusing on the actual overtaking, I didn't watch my speedometer and the speed camera clocked me at 122km/h.

Some of the straights on this mountain are 100km/h I think. Unfortunately, this was an 80 zone. I was 42km/h over the limit. In Queensland, 40km over is 8 points, $933 fine and 6 months suspension.

I know this is inexcusable and I feel quite ashamed as I'm usually very careful on the roads. When I first bought the GT-R I intentionally drove 10km under the speed limit for 2 weeks so I could reset my idea of what speed I was doing.

I'm trying to decide what to do

1. decide I deserve to lose my license for 6 months
   
2. try to have the penalty reduced to 39km over so I can keep license
   
3. try to have penalty overturned with the help of a solictor. eg(2 cars in photo, front photo instead of back etc..)
   
4. pay the fines, take the suspension and then apply for special work license or something
   

What would you do?

1.) you admit you were speeding 40km/h over the posted limit.

2.) You try claiming you overtook safely as you were watching the road and not your speedo.

However what actually happened is obvious. You were driving on a "quiet mountain drive" and most probably were there to drive in a "spirited manner". You and your friend wanted to drive at the speed limit (which is understandable), you became irritated being slowed down by the white car. When it came time for you to overtake legally you vented your frustration and passed the slower car at speeds which were totally unneccesary.

You claim you used a "long over taking lane", so why would you need to accelerate 42km above the posted speed limit to overtake a car which was driving below the speed limit?

The argument that your car accelerates too fast and you werent aware of your speed is absolute rubbish.

The argument that your car is built to be driven fast and is safer to overtake at a higher speed and not be on the wrong side of the road for as long is absolute rubbish.

3.) I cannot fathom why you feel you deserve to keep your license.

Also, suggesting you are thinking of trying to get your speed reduced to 39km/h and or even trying to beat the whole charge with the help of a solicitor is outrageous!

You are guilty, you did the wrong thing.

Stop trying to worm your way out of it.

Pay the fine and get on with your suspension.

Edited November 6, 2010 by wori

[GTR59]

Whats similar about that situation? The police officer tracked you using his eyeballs and speedo. There was no possibility of measurement error or not being able to ascertain who was actually speeding. Yours was an open and shut case.

The similarity is we have both got the SAME fine with the SAME consequences in the SAME city!!! (rules vary between states)

I posted this here because i have had real experience with the legal system with regards to this matter in Brisbane, have you?

My case was not open and shut. I accelerated from the lights on my GSXR1000 at near full throttle and he was in an unmarked car. I only slowed down as i saw a speck in my mirrors flashing me. At no stage was he able to follow close behind me at the same speed. The advice from my laywer was the judge will believe the police office over any excuse i may have.

My advice to Eastes is to discuss a Good Behaviour licience with your laywer as this maybe the only you can keep your licience.

[fungoolie]

The similarity is we have both got the SAME fine with the SAME consequences in the SAME city!!! (rules vary between states)

I posted this here because i have had real experience with the legal system with regards to this matter in Brisbane, have you?

My case was not open and shut. I accelerated from the lights on my GSXR1000 at near full throttle and he was in an unmarked car. I only slowed down as i saw a speck in my mirrors flashing me. At no stage was he able to follow close behind me at the same speed. The advice from my laywer was the judge will believe the police office over any excuse i may have.

My advice to Eastes is to discuss a Good Behaviour licience with your laywer as this maybe the only you can keep your licience.

OK, the situations are similar if you are accepting the view that Eastes should just roll over and cop the consequences whatever they may be or however they may be mitigated by using hardship provisions etc.

However If you had followed my posts from the start you will see that I have always argued from the perspective that the circumstances and the method by which he was clocked hopefully will allow him to escape conviction on the basis that from a technical and legal standpoint the authorities cannot enforce a fine issued with two cars within the radar beam at the same time.

The opinion of the police officer is usually accepted over the person charged, (unless you are an ex prime minister ), however in this case there is no police officer to speak of. There are operating guidelines issued by the radar manufacturer which would explain quite clearly how the unit is to be operated and when the readings can be relied upon and when they have to be discarded.

Edited November 7, 2010 by fungoolie

[GTR30]

i got done 32km over and 29km by the same camera in a 30min space.

paid the fines and took the points. Haven't had a speeding fine or any other fine in over 5 years now

my advice, suck it up and cop it on the chin and demod to something like a dihatsu charade so you can't speed. Either that or cut you right leg off

[Jasonr31]

Havent read the rest of the thread, but i'm not sure how well the whole "two cars in the photo" thing would work in this situation... because obviously one of you would be speeding... and your the one in the overtaking lane... so unless you were just driving on the wrong side of the road and had someone come up beside you speeding then youd be at fault...

But i agree its shit for you, and maybe you can argue that since the cars are so close it caused the camera to mess up but thats the only way i can see it working...

[wht510]

Havent read the rest of the thread, but i'm not sure how well the whole "two cars in the photo" thing would work in this situation... because obviously one of you would be speeding... and your the one in the overtaking lane... so unless you were just driving on the wrong side of the road and had someone come up beside you speeding then youd be at fault...

But i agree its shit for you, and maybe you can argue that since the cars are so close it caused the camera to mess up but thats the only way i can see it working...

He wasn't overtaking. He was reversing

[Nee-san]

The similarity is we have both got the SAME fine with the SAME consequences in the SAME city!!! (rules vary between states)

I posted this here because i have had real experience with the legal system with regards to this matter in Brisbane, have you?

My case was not open and shut. I accelerated from the lights on my GSXR1000 at near full throttle and he was in an unmarked car. I only slowed down as i saw a speck in my mirrors flashing me. At no stage was he able to follow close behind me at the same speed. The advice from my laywer was the judge will believe the police office over any excuse i may have.

My advice to Eastes is to discuss a Good Behaviour licience with your laywer as this maybe the only you can keep your licience.

For the above, It is my understanding that a police officer has to pace your speed, maintain a gap and record the speed for atleast 400 metres.

The idea that a police officer in a moving reference point of variable speed can ascertain the speed of another vehicle also of variable speed at ranges exceeding 100 metres (more then the length of a football feild...) is laughable.

As for the OP

You could always argue that the car in the left lane was doing under the speed limit and when you attempted an overtake, the car sped up.... It happens alot, anyone who has used the Bruce highway will understand what I mean.

If we get away from the hype and popular mindset about speeding and hooning for just 1 second, you can realise that what happened in this situation was in no way dangerous, the people who are berating the OP for trying to retain his ability to drive clearly have no understanding of how abitrary the process for forming and passing traffic law is.

In almost all situations, decisions are made by people who wouldn't even be qualified to hold a traffic control sign, let alone form major policy on highly technical issues such as traffic laws, vehicle dynamics and design rules.

[alex182]

i got done 32km over and 29km by the same camera in a 30min space.

paid the fines and took the points. Haven't had a speeding fine or any other fine in over 5 years now

my advice, suck it up and cop it on the chin and demod to something like a dihatsu charade so you can't speed. Either that or cut you right leg off

can see where your coming from but i cant see anyone going from a 35 to a charade.

[saliya]

I spoke to 2 lawyers and they both weren't sure how to proceed. They gave some options, but neither were experts in this particular situation. I will definitely speak to another before court date. Will do defensive driving course and look at community service options.

Anyone had experience with insurance costs and and bad driving history?

No, but it should be fairly straightforward to find out.

Ring insurer for quote, answer 'yes' to the bad driving history question, voila.

You may or may not wish to use your real name/address.

Cheers,

Saliya

[Cowboy1600]

Okies, had a good read.

Have you checked out mandatory penalties in QLD? I'm not sure of the situation there but in Vic if you plead guilty to anything speed related the Magistrate MUST serve the penalty. There is no discretion. There is also no such thing as a "work" license or other such device. I would make sure this is not the case in QLD before pleading guilty.

TBH, you are mad for not fighting it. The Police make this shizen up all the time and the enforcement is designed to catch the majority, not the worst. Why were they where they are? Why weren't they outside a school where speeding drivers can actually be a danger? The answer: To raise cash.

I'd tell tehm to prove you were the speeding car. I know in Vic that any roadside camera is unable to determine the two and they won't even send the fine out if there are two vehicles in the frame. I'll bet my ass you'd get off on the same technicality. And why shouldn't you? You weren't going to kill anyone. The penalty is completely out of step with the severity of the crime, so why not go for broke?

In fact as a citizen of a country quickly having our rights and freedoms eroded all in the name of safety, it's your moral obligation to fight this. Make them work for it. They fight dirty so you should too. Make them PROVE that it was you who was speeding and not the ute.

There's some interesting info here - http://www.delonixradar.com.au/queensland/#summary

“When the people fear their government, there is tyranny; when the government fears the people, there is liberty.”

Thomas Jefferson

[wht510]

Well said Aaron.

Speak to a radar detector company and find out what sort of radar system they would have in QLD. This will help you at least answer any questions in court (when you represent yourself) about proving which car it was.

[fungoolie]

If you cant find a competent solicitor contact these guys. http://www.speedingfineconsultants.com/