[WA] Can I Challenge a (Possibly) Non-Speed Camera Fine?

Lgreedyjoe on 05/11/2015 - 13:41
Last edited 05/11/2015 - 13:54

Last month I've been stopped by the WA police, they were behind me (possibly, or may they chased me after seeing me from an intersecting road), 2 cops in the car.
Well, they said I was speeding and fined me for driving between 20 and 29km/h over the limits. I don't reckon I was going that fast at all. I didn't say anything on the spot (so pissed off) and today I just got the fine remind by mail.

I'm wondering how they could check/misure my real speed and if I can challenge this imho unfair fine somehow.
They fine paperwork doesn't mention any equipment name for detecting the speed nor a picture.

Many thanks

Automotive

Comments

  • cypher67 on 05/11/2015 - 13:47
    +3

    It gets tricky, if there were 2 cops in the car and they simply drove behind you at the same speed as you and both agreed on the speed, that is sufficient evidence to fine you. You really should contest on the spot if you think the speed is unfair, ask what evidence of your speed etc. I don't know what your chances are of contesting this kinda thing if there is no evidence apart from your opinion vs 2 cops.

  • [Deactivated] on 05/11/2015 - 13:48

    It'll be your word against that of a sworn member of the police force.

    These sorts of cases are fairly open and shut, and generally go in favour of the infringement issuing agency.

    • inherentchoice on 05/11/2015 - 15:04

      Probably two sworn officers of the police force. And perhaps some GPS data or speed camera data downloaded from devices in the official police vehicle… no?

  • nocure on 05/11/2015 - 13:53

    I don't reckon I was going that fast at all.

    "That's what they all say" …….. If you have an exceptional driving record you may be able to negotiate..if not then pay it and wait for the next one.

  • greedyjoe on 05/11/2015 - 13:57

    yes.. they were 2 cops :(
    thanks for your help

  • oscargamer on 05/11/2015 - 14:23
    +4

    100% you can challenge the fine

    whether you win or lose is another question

    • youbeokay on 05/11/2015 - 15:53

      naughty

      • [Deactivated] on 05/11/2015 - 21:30
        +2

        Naughty naughty you'll get caughty

  • [Deactivated] on 05/11/2015 - 15:11
    +1

    "Yes. Every speeding charge has some chance of being dismissed. Every case needs to be judged on its own circumstances, and some cases have better odds than others. Sometimes it is possible to win by challenging the method of detection. This is done by casting doubt on the allegation your vehicle exceeded the speed limit. For example, radar is less reliable and easier to challenge than laser. You can challenge any type of detection method especially if expert evidence (and money) is applied to the problem. Radar devices are also known produce unreliable readings from vehicles which are out of view (over a hill or behind foliage) or from radar beams that are reflected from signs, fences, parked vehicles, from trains and planes travelling nearby, and from interferences from power lines. Maintaining even distance detection (known as TUPMED - took up position and maintained even distance) is the least reliable. This is when the police follow your vehicle for a few hundred metres and estimate your speed from their speedo.

    http://www.trafficlaw.com.au/speeding.fines.html

    • eatwell365 on 05/11/2015 - 22:50

      Good link. Thanks.

  • Nutrino on 05/11/2015 - 19:47
    +1

    Get yourself a good lawyer who knows the chewbacca defence.

  • safina on 06/11/2015 - 09:04

    Have a read on www.carr.org.au - they got some good materials and templates on speeding fines.

  • [Deactivated] on 06/11/2015 - 15:58

    Police cars are often fitted with speed detection devices. Most of them calculate the speed of your car by measuring how long it takes you to pass two points and then comparing it with the time it takes the police car to pass the same points. It is linked to the police car speedo, so the calculation of your speed is very accurate. Some states also use vehicle mounted laser/radar speed detection, some even measuring the speed of cars going in either direction.
    Finally and most basically they are legally empowered to make "subjective measurements", which usually means travelling behind you for a minimum distance at the same speed as you and seeing what speed they are travelling on their speedo.
    They should have told you which they used and if it was a device most will give you the option of checking what the readout was.
    There are a few barristers who have a good reputation for challenging speeding fines, but if you coulld afford them then I guess you would already know that.

  • kmwa on 07/11/2015 - 01:36
    -2

    Challenge a Non-Speed Camera Fine?
    The only thing to challenge here is yourself, for:
    * Disregarding the posted speed limit
    * Not knowing what speed you were doing
    * Even thinking that your $400 dollar fine and your 3 penalty points is somehow unfair
    * For doubting that the police officers were right
    You didn't see them in your rear view mirror and slow down, so you obviously weren't very alert which makes your speeding even more worrying.
    Why not treat this as a wake-up call, pay your fine, and keep to the speed limit in future?
    Or is that too much of a challenge for you?

Login or Join to leave a comment
Login Join