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

[br3ndan]

Good luck for tomorrow mate.

Let us know how it goes...

[Cowboy1600]

I agree. The benefits of going public with this far outweigh the nearly impossible chance of minor negatives. They will not present this in court, even if it were found. Also, I haven't said anything on here that I wouldn't say in court. I don't want to lie in court, even though others have recommended this.

I don't think it was ever a case of needing to lie (altho I did suggest such a thing).

Had you have stood up, held up the photo and asked them to prove it was you who was speeding, they wouldn't have been able to and the case would likely be turfed out.

Simply requiring them to do their constitutional duty, and prove without doubt it was you who was speeding, would probably have seen you get off. And get off you should have because the law makes an ass of it's self every day that someone like you is pinged for such a harmless thing and every day it hands out such an unreasonable penalty. People get less for near murdering someone. It's wrong which is why I'm such an advocate for fighting it.

Oh yeah, good luck with it!

[wht510]

You are perfectly within your right to question the photo as there are two cars in the photo. You can argue that you don't remember when the incident happened and would like clarification. It's only a question. You already know that if they can prove it 100% that it's you, then you'll cop it like a man. You can even say that, but they need to PROVE it. This particular style of defence has cropped up many times. You are lucky as you happened to be overtaking and someone else got in the picture.

[ras1983]

... was a very serious young man, not much of a sense of humour

...

Would you have a sense of humour if you had a shitty job and got payed shitty money? I wouldn't, lol.

[macdog]

Hope this guy gets a lower fine and less points taken...

poor bastard... typical government having the right cameras in the right places...

they need to start catching real criminals.

[Beer Baron]

yeah I do wish they'd spend some money on 'rape cameras' or 'assault cameras' in strategically placed spots in parks, back streets etc that are known hot spots for various assaults and attacks. it would be nice to see a bloke in court accused of being caught on rape cam claiming "no officer, it's not me, there's two people in that photo and she was raping me!". I somehow think it might not work as well as it does for motorists and in any case maybe the bright flash would scare a few off and save some people. (BTW this rant is 50% joke and not to be taken seriously).

[R31Nismoid]

You can even say that, but they need to PROVE it. This particular style of defence has cropped up many times.

Indeed, it has seen me defeat a lot of rubbish charges.

1. Because they were made up in the first place (the claims)

2. Given they were made up, there was a tough time falsifying any "proof", and believe you me, Police do flatly lie in court. See it against my person twice now.

Hence I do agree pleading guilty is probably not the best course of action. But people are entitled to plead and make their own decisions so i stand by that.

An interesting issue would be similar to the one where Police as recognised estimators of speed.

The Speed camera operator would be a trained professional so any claims he makes (and yes, at times that’s all the are), would be held in good stead within the court.

It would require intricate knowledge of the system to argue the point, and most likely a good lawyer.

You could perceive that there is certainly some doubt within that photo, but it all comes down to the finer details – you’d basically need a cheesed off ex-employee of the operator or similar to give you the information you needed.

Such information about restrictions, past experience/examples of flaws and so on are not easy to come by when one needs a good defence. The camera companies and Govt’s make sure of that. Not to say it isn’t there or cant be found… Which is time/cost/effort

[Duncan]

cowboy1600, I heard you got a hand job from the queen?

yeah I do wish they'd spend some money on 'rape cameras' or 'assault cameras' in strategically placed spots in parks, back streets etc that are known hot spots for various assaults and attacks.

wow....website idea! profit!

[GTR_26]

Does anyone know how this turned out??

[eastes]

Does anyone know how this turned out??

I faxed a guilty plea the day before and included the following information in view of mitigation of penalty:

• This was a once off, regrettable mistake whilst following a friend, overtaking another car. I am embarrassed to have done this and do not wish to ever do it again.
• Although I have had minor traffic infringements approximately 3 years ago, my history shows a clean record, especially for anything as serious as this.
• I am a director of car rental firm, VroomVroomVroom PTY LTD and I employ and am responsible for 12 staff in Brisbane, London and Las Vegas. My license is required to carry out my job properly locally and internationally.
• I volunteer for Bravehearts foundation on occasion by renting and driving a 12 seater van for their "Park and Ride" service during special events. See attached, a thank you letter.
• I would appreciate an increased fine, a period of community service or a reduced suspension so I can continue to volunteer and keep my company profitable.

I won't hear the result until they send it in the mail. I'm 99% certain I'll get a fine and the 6 months suspension. From there, I will be apply to appear in court for a hardship license and will probably use a solicitor for $1000 for this service.

[Cowboy1600]

cowboy1600, I heard you got a hand job from the queen?

wow....website idea! profit!

Good news travels fast, it seems.

I give her 4/10. Her oral skills were much more finely honed.

[Cowboy1600]

I faxed a guilty plea the day before and included the following information in view of mitigation of penalty:

• This was a once off, regrettable mistake whilst following a friend, overtaking another car. I am embarrassed to have done this and do not wish to ever do it again.
• Although I have had minor traffic infringements approximately 3 years ago, my history shows a clean record, especially for anything as serious as this.
• I am a director of car rental firm, VroomVroomVroom PTY LTD and I employ and am responsible for 12 staff in Brisbane, London and Las Vegas. My license is required to carry out my job properly locally and internationally.
• I volunteer for Bravehearts foundation on occasion by renting and driving a 12 seater van for their "Park and Ride" service during special events. See attached, a thank you letter.
• I would appreciate an increased fine, a period of community service or a reduced suspension so I can continue to volunteer and keep my company profitable.

I won't hear the result until they send it in the mail. I'm 99% certain I'll get a fine and the 6 months suspension. From there, I will be apply to appear in court for a hardship license and will probably use a solicitor for $1000 for this service.

I can appreciate you wanting to do the right thing and arguably the "moral" thing, but the government is f**king drivers blind so really you should have fought this.

I'll be surprised if you get anywhere. I hope for your sake you do but I think you made an error trying to fight a bushfire with a super soaker.

[eastes]

I can appreciate you wanting to do the right thing and arguably the "moral" thing, but the government is f**king drivers blind so really you should have fought this.

I'll be surprised if you get anywhere. I hope for your sake you do but I think you made an error trying to fight a bushfire with a super soaker.

Yeh, after more consideration, I think you're right.

I think if I fabricated a technicality like, agree with my brother for me to say "it was brother" and then for him to go "no, it was him" back and forth, causing them to prove which one of us it was and then maybe open it up and say "it was someone at my company and I don't know who. The guy I thought who had it swears it wasn't him so now I don't know who it was. I don't remember driving the car that day" etc.... I just didn't have the balls to do it. Also, the solicitors thinks there's a good chance of hardship license and pleading guilty increases the chances of getting a hardship license.

[ras1983]

Yeh, after more consideration, I think you're right.

I think if I fabricated a technicality like, agree with my brother for me to say "it was brother" and then for him to go "no, it was him" back and forth, causing them to prove which one of us it was and then maybe open it up and say "it was someone at my company and I don't know who. The guy I thought who had it swears it wasn't him so now I don't know who it was. I don't remember driving the car that day" etc.... I just didn't have the balls to do it. Also, the solicitors thinks there's a good chance of hardship license and pleading guilty increases the chances of getting a hardship license.

Mate, you paid for legal advice and you followed it. There's nothing wrong with that. As far as I know, no one on here is a lawyer with experience in these matters, so it's all based on our own experiences in court. So, what worked for us may have not necessarily worked for you. Good luck with the hardship licence.

[R31Nismoid]

Yeh, after more consideration, I think you're right.

I think if I fabricated a technicality like, agree with my brother for me to say "it was brother" and then for him to go "no, it was him" back and forth, causing them to prove which one of us it was and then maybe open it up and say "it was someone at my company and I don't know who. The guy I thought who had it swears it wasn't him so now I don't know who it was. I don't remember driving the car that day" etc.... I just didn't have the balls to do it. Also, the solicitors thinks there's a good chance of hardship license and pleading guilty increases the chances of getting a hardship license.

That doesn't work - In Victoria you can only keep nominating someone else back/forth for a certain period and then you'll get a letter stating basically that enough is enough, and as owner of the car it's your responsibility.

[fungoolie]

If they take 2 photos (they usually take many, only one with flash), then I will be shamed and possibly fined even more for lying and a far reduced chance of work license.

They don't take more than one photo. You're confusing this with red light cameras.

[fungoolie]

That doesn't work - In Victoria you can only keep nominating someone else back/forth for a certain period and then you'll get a letter stating basically that enough is enough, and as owner of the car it's your responsibility.

In South Aust it's even simpler than that. If you can't establish or remember who was driving the car, the owner cops the fine and points full stop. It's in the legislation.

And as far as your plead goes, basically you are happy to cop the full punishment, (even greater fine than the max penalty based on what you've written). Honestly, it really couldn't have hurt defending yourself at least a little. Like you said earlier, when the magistrate has seen wife beaters and druggies all day, surely someone who can't remember an incident with a covert camera photographing him when he's just driving along a couple weeks before he gets a notice in the mail and HONESTLY stands up before a court asking them to prove he was actually doing the wrong thing is not going to get you hanged.... Sorry to say I think you rolled over way to easily....

[Harey]

And as far as your plead goes, basically you are happy to cop the full punishment, (even greater fine than the max penalty based on what you've written). Honestly, it really couldn't have hurt defending yourself at least a little. Like you said earlier, when the magistrate has seen wife beaters and druggies all day, surely someone who can't remember an incident with a covert camera photographing him when he's just driving along a couple weeks before he gets a notice in the mail and HONESTLY stands up before a court asking them to prove he was actually doing the wrong thing is not going to get you hanged.... Sorry to say I think you rolled over way to easily....

A lot easier to say when its not you in the situation.

[vspecIInur]

I've been to court in the past (twice regarding this bullshit) and denied stupid alegations and won it. If they can't prove it then it's dismissed. I hate the fking justice system here aimed at drivers with good clean records, yet they want to bend you over hard ensuring you get massive ring sting

[Cowboy1600]

A lot easier to say when its not you in the situation.

I've been in a number of situations in court and have always come out better than I went in.

Keep your cool, refuse to answer possibly incriminating questions (your right) and state the facts in respect to the hole in the prosecutions case and let the Magistrate do the rest.

Believe it or not, most magistrates are reasonable people and unless you have a history of being a tard or are disrespectful they will apply the law accordingly. And they know the law inside out (it is their job...duuur). In this case I don't think it would have been hard to demonstrate too much doubt to see the police's case stick.

And as I said, the government has been sticking it to drivers for too long.

When the law no longer reflects the will of the people, it is the obligation of every good standing citizen to break the law. This extends to defending one's self against obscene penalties for a victimless crime.