Contesting My First Speeding Ticket (WA)

Hi, Just got my first speeding ticket and wondering if anyone has had luck disputing their own. I am sure I wasn't speeding and a second car is clearly in the image. I am alleged to be doing 70KMh in a 60KMh zone but clearly remember the other car behind me shooting past me at least 15KMh faster then me.

Just want to know if anyone has had a similar ticket and won, court costs etc.

Picture Here

Thanks

EDIT: Updated the image to the online version (Thanks didn't know I could find higher res images)

PS: Turns out, Western Australia doesn't allow leniency. So now I have openly admitted on the phone that I was speeding and have no choice but to pay the fine. On another note, They also don't allow payment plans and apparently if I don't pay in full by the due date (3 Weeks) they chuck another $130 on to the fine.

Kinda feels like extortion if you ask me.

Comments

  • +2

    first offence is usually excusable, you should be able to get off if you write them a nice letter

    • +1

      Suppose it wouldn't hurt to ask

    • +1

      Apparently Western Australia says no to being lenient.

  • +1

    just write a generic letter saying you admit you were at fault but ask for an offical warning

    • -1

      Hmm, but I wasn't at fault.

      • Then write another letter admitting you were at fault for writing you were at fault and request the payment of $100 and you'll consider the matter closed.

  • +1

    Is that the actual picture you got from them?
    First thing I'd be doing is asking them to prove that your car is even in that picture!

    • I feel like they must alter the contrast and brightness of the picture to hide the other car, the picture was apparently taken at 17:17 which wasn't quite that dark.

      • +1

        How does anyone even make out your number plate in that picture? Regardless of how they adjust the brightness and contrast.

        I can barely even make out there being any cars in there at all.

        I've only seen pictures from the Victorian and NSW cameras and they're quite clear in showing the number plates. Is this what the Perth photos look like? The picture looks so pixelated.

        • Best my $100 scanner can do, that picture isnt much different on the page. The number plate panel is blurred but you can make out my number plate.

        • +2

          @JustASmoothSkin:

          Don't they give you a link to download a higher resolution of the picture in the fine notification?

        • @JustASmoothSkin:
          The picture you have attached now is very very different to the first picture you had!

          With the picture you've got now, does that car with the yellow box at the front of the car yours? If it is, you're screwed.

  • So then you have two options, Option 1) as Jason & CD93 have suggested, a letter humbly admitting fault and asking for leniency, or 2) Continue along the "It wasn't me/clearly remember other car shooting past me doing at least 15km/h faster/I'm sure I wasn't speeding" path.

    • -1

      I have never been in a situation like this before, I have been told my entire life to never admit fault for legal things so generally the first thing that comes to mind is that. I have also got no idea how to compose a letter nor do I know whom I should address it or where I should send it.

      So sorry if that all seems like a me problem but I am the one kinda asking how I should go about this.

      • +1

        nor do I know whom I should address it or where I should send it.

        Details should be on the fine they posted you.

      • +1

        Speeding tickets are not quite like most legal stuff. It's something to do with being a penalty notice, not a criminal case. In order to make the legal system a bit more efficient, for speeding, and other penalty notices it isn't about being at fault or not at fault.

        Options:

        1) Just write a letter and state you didn't believe you were speeding, that you believed you were driving to the conditions or whatever was actually the case, but you are sorry your speed exceeded the posted limit and you won't do it again. Don't argue that it should have been the other car, the camera will have been designed to work out which car of two triggered the photo (in your case, it is probably both). State you have a clean record of XX years. You don't need to write anything extra special, or really long and cumbersome.

        2) Take the option to contest it in court. Only do this if you truly believe you were not speeding, and have some evidence (like a GPS log). You are unlikely to win the case against a camera, but may be able to ask for leniency, just like you can in a much cheaper and easier letter.

        • Thank you, Guess I will try the first option.

        • Apparently option 1 was a no go, Differently going to fight it next time.

  • A speed camera is 2 items (1) the camera for taking nice photographs of the car, license plate and driver; and (2) the speed measurement device

    it is my understanding of speed cameras that they use targeted movement (rather than a "photograph") hence whilst there is a second car in the photograph then that is irrelevant.

    the actual "speeder catching" device uses lasers (pew pew) link to the WA police site. and as the info says , some cameras can monitor 4 lanes of traffic at once.

    • +1

      If it's a fixed speed camera, I thought there is a sensor in the ground for each lane and they have to send the ticket to the correct car that set it off. This is where there could have been an error. Much like this example where the OP got their fine reversed: https://www.ozbargain.com.au/node/289480

      Dunno how those mobile ones parked on the side of the road (in the back of utes/vans) work?

      • In Perth the fixed speed cameras on the side of the road use laser to measure speed. They are the exact same mobile cameras just stuck in the box.

        We do have combined red light / speed cameras which use the sensor in the ground but they are only at traffic lights. I can't tell for sure but it looks like OP isn't at a red light.

    • whilst there is a second car in the photograph then that is irrelevant.

      There is still the possibility that the picture has been misinterpreted by a computer or person.

      Similar to this situation:
      https://www.ozbargain.com.au/node/289480

      • +1

        Haha, beat you by 7 minutes!

        • hahaha.. good job! it took me a while to find that link! :)

  • From what I can see in your photo, your out of luck.

    But go here: https://viewinfringement.police.wa.gov.au/ and upload better pictures.

    • Thanks, Didn't know I could do that.

      • These are the rules for a speed camera photo:

        Reject the photo as an evidence, if

        • neither a front wheel (in case of front measurement) nor the license plate are at
          least in part visible within the template,
          respectively

        • neither a rear wheel (in case of rear measurement) nor the license plate are at
          least in part visible within the template,

        or

        • other road users travelling on the same lane or an adjacent lane are visible
          within the template,

        or

        • the lower edge of the template frame is not beneath the wheels.

        The wording is a bit funny, does it mean the box needs to around the number plate & a wheel or just one? Because if it needs both then you might have grounds to call up and ask.

      • For comparison here is my last speeding fine.

        http://imgur.com/a/CgB3Z

        The yellow box covers both one wheel and the plate.

        • -3

          So I should dispute due to neither of my front wheels being visible within the template?

Login or Join to leave a comment