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Proof Needed For Speeding?

godspd

By godspd,
in General Automotive Discussion

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dezz Grand Master

dezz

Posted
Posted
I'm not convinced with peoples answers about estimation of speed. An estimation of speed is a very inacurate way to be booked because there is such a thing called misjudgement, and if you do not have a radar or speed camera or speedo (basically anything that can calculate or compare your speed) then it would not be bookable as the police are subject to error!

I've had an experience where i just got my license and was in my car with 2 mates doing about 110km in a long straight suburban st, a cop pulls out of a st and heads the other way to me, i slowed down as soon as i saw the cop, but from their judgement they could tell i was speeding and u-turned and chased me but by the time they had i was at speed limit again, they pulled me over and just gave me a stern warning that if they hear any reports of my car, that i'd be in real trouble, but could not book me as they did not know my speed.

Yet on the other hand i believe they can use some descrepency, as another time i got caught street racing, but let me off on a speeding fine. They told me that they assumed i was doing over 100km as they had to do 130km to catch up to me. I can't remember if i got booked for 110 or just 100, but they were nice and let me off on less serious charges due to some circumstances.

So my belief is that they can use their judgement but only when they have something to go off (for example the cop went off what speed they had to do to catch me). But as for a police car going the opposite way, they would not beable to determine your speed at just watching you go past.

So all in all i think it comes down to the circumstance in how the cop catches you speeding whether they were able to go off something, coz if they can't then they can't do shit!

basically, a cop is trained to estimate the speed of another car. thats why they're allowed to do it. they might not do it regularly, but they are allowed too.

R31Nismoid Grand Master

R31Nismoid

Posted
Posted
I'm not convinced with peoples answers about estimation of speed. An estimation of speed is a very inacurate way to be booked because there is such a thing called misjudgement, and if you do not have a radar or speed camera or speedo (basically anything that can calculate or compare your speed) then it would not be bookable as the police are subject to error!

They are. Im telling you thats the LAW! Its not an answer. Its how it is.

The officers "judgement" after a number of years on the job is deemed by the court to be reasonable and accurate.

Too an extent. This is where i could waffle on for 15pages about it all.

Simply if the officer says you did 110... you can talk it back to around 100 or so, maybe a bit more with a good lawyer.

Its human estimation after all but its not invalid because of that reason.

They way the estimation is done both on foot and in cars, is they look at point A, and then point B.

If it takes you "X" amount of seconds to get from A-->B then all they need to know. Only a rough estimation of the distance id needed (at a later stage if need be more accurate, its irrelevant until a contest)

If by car they can also refer to thier own speedo.

Wether coming at you or going away or following. Point A and point B as a captain obvious statement, doesnt change

At lower speeds just thier own estimation is good enough. And in a 50 zone even i can tell if someone if doing 60/70 for gods sake. Its not half obvious and the courts know this. These cases go through there everyday.

Im not a law expert, but when it comes to speeding cases and "estimation" ive been there, done that...

and im going there again.

The police indeed can make very outlandish estimations. Then its upto you to prove that it wasnt possible.

The Defendant always get shafted. Its not really innocent until proven guitly.

Its more the mood and attitude of the judge on any given day, which stinks and makes the legal system quite innacruate in my eyes and i have little faith that a fair decision will ever be handed out unless you have a gauranteed way of getting out of it.

32brother Community Regular

32brother

Posted
Posted

people here have said that cops can tell a judge in court you were speeding just by the naked eye. Obviously if you are flogging it down the road your in the shit and so you should be. My argument is that if your doing 75 in a 60 and the cop wants to be a prick but has no factual evidence, I would say turn it up mate, since when have you ever heard a cop say i can judge speed by looking for a few seconds. I have a mate going through the acadamy at the moment and he said nothing about going to calder park and watching cars drive past at various speeds to become a human speed detector. BS! keep pissing in my left pocket...

If you ask a member of the police force to show you the radar reading he/she must, but what if like what happend to my mate, he/she said he/she cleared it???

They had a segment on this very topic on ACA (ch.9) a few months ago. Basically it was determined that yes obviously you can fight a discretion against you in court but if you take legal aid with you, you just wasted your time.

As with every suituation in courts all around the world, if you got the money you've got a bloody good chance of getting of with any crime/infringement.

Easy solution, every one here become a cop, once in the brother/sisterhood you can do what you like... :P

dezz Grand Master

dezz

Posted
Posted
people here have said that cops can tell a judge in court you were speeding just by the naked eye. Obviously if you are flogging it down the road your in the shit and so you should be. My argument is that if your doing 75 in a 60 and the cop wants to be a prick but has no factual evidence, I would say turn it up mate, since when have you ever heard a cop say i can judge speed by looking for a few seconds. I have a mate going through the acadamy at the moment and he said nothing about going to calder park and watching cars drive past at various speeds to become a human speed detector. BS! keep pissing in my left pocket...

If you ask a member of the police force to show you the radar reading he/she must, but what if like what happend to my mate, he/she said he/she cleared it???

They had a segment on this very topic on ACA (ch.9) a few months ago. Basically it was determined that yes obviously you can fight a discretion against you in court but if you take legal aid with you, you just wasted your time.

As with every suituation in courts all around the world, if you got the money you've got a bloody good chance of getting of with any crime/infringement.

Easy solution, every one here become a cop, once in the brother/sisterhood you can do what you like... :D

you're right about the showing the reading...if you ask, they must show you...its just that not many people choose to question them

if they said they cleared it, then you can contest it.

as for the judging speeds, you're mate is in the academy...so he isn't a cop just yet. as has been said so many times in this thread, by people that know the fact, a police officer is considered to be in a position that he or she CAN judge the speed of a vehicle. tell them its BS, and see how leanient they are with you :P

someonestolecc Grand Master

someonestolecc

Posted
Posted
In NSW:

They are allowed to use their speedo (which are calibrated) to estimate your speed but have to follow you for a minimum of 200 metres to do so.

Where did you pull 200m from?

Sorry to single you out - the majority of people who answered to this thread don't know what they're talkin bout. Sorry but yeah.. Nismoid on the money. 'cept.. in theory it should be innocent before guilty, but in practical terms you'd usually get f**ked.

JaFF Proficient

JaFF

Posted
Posted

its not that inaccurate. Most of these estiamtions occur in low km speed zones where it is quite obvious when someone is speeding.

Also cops won't accuse you for only speeding 10kms over as it's to close to judge. From what I've seen and from talking to a few cops who are friends they generally only use judgements if it's blatantly obvious you were speeding.

"Yet on the other hand i believe they can use some descrepency, as another time i got caught street racing, but let me off on a speeding fine. They told me that they assumed i was doing over 100km as they had to do 130km to catch up to me. I can't remember if i got booked for 110 or just 100, but they were nice and let me off on less serious charges due to some circumstances."

Uhmm yeah, cops have always had the power to issue warnings and use their own discretion on certain matters. If you were street racing though I'm surprised you didn't get the book thrown at you. keep it on the track.

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