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Getting off speeding fine.


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Disclaimer: I\'m not a lawyer. I\'m just a dork who likes to throw the letter of the law around.

If the equipment had a current certificate of calibration, you\'re screwed there. It is assumed to still be accurate.

Some internet "guides" say you should challenge the accuracy of the tuning fork or calibration equipment, these are defined in law here in NZ as being assumed to be accurate.

Your best bet if you want to be a gigantic turkey is to check whether the cop actually bothered to do a tuning fork test before going out on patrol. I\'d say a large number of them don\'t. They\'re supposed to fill in a log book saying that they did do it.

If you\'re serious about fighting it then you can find the police operating manual for the Stalker DSR (which they were presumably using if it was a mobile patrol) on the interweb and there\'s a pretty specific list of things they have to do to ensure their reading is accurate. If you could introduce doubt as to whether they performed these acts then you might have a chance, particularly under certain circumstances.

There is also a Police General Instruction regarding where and when they can operate speed detection equipment, although I don\'t know if it\'s actually worth a damn in court.

Finally, if it does actually go to court, it will most likely be heard by some grotty JP instead of a proper judge and they will take one look at you and find in favour of the Police, because that\'s what grotty JPs do.

p.s. If you were driving long-distance and are now at home a long way away and you want to be an enormous anus then you can take it to court and summons the cop to appear, which causes them a bit of a problem if you\'re in Auckland and the cop is in Dunedin.

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Yes! got off one because the cop car did not have a current WOF. ;D ;D I always check them over just like they check you. ;) Further Yes! you will get off if the radar thingy or laser unit is not under current 12 month calibration. This also applies to their speedo if they followed you and tracked your speed. :o :o

But you must ask at the time. ??? They will not send info to you later. >:(

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Colleague got done at 58km in company vehicle then cop said would send ticket out or something. Ticket turned up for 61km. Disputed as company gps showed 54km which is relative with wheel size to 50km on speedo. Got off it.

In reality how do you know they dont still have the radar reading up from the last guy and they just saw you had shiny wheels and a flat cap? Or they actually read the guy in front of you? Basically yeah suck it up but sometimes I wonder. Havent had a fine in a couple of years though = doing it right for a flat peak.

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Were you actually under the limit or are you just contesting it for the sake of it

bear in mind just being speed matched (as in, being followed) can be enough, if it was a radar reading and youve either got a) a radar out of calibration, or b) a gps log to prove you never exceeded the limit, then sweet you have grounds to say this isnt right

if not, good luck

the whole system is genuinely just down to the cop writing the ticket being genuine. as said it could be a reading from someone else, but to be fair its not really worth the sh1t storm itd create for the cop to just make something up, they rely on the equipment to tell the story and just take it as given that it\'s calibrated properly

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I got done few years ago just picked up new car taking for a thrash went past a cop at a gas station doing touch over 100 in 70km rural area so he leapt in his car and chased me down. No proof at all of speed so tried to get me to admit it like fuck I was going to. He hauled me off to the station to get breath tested and Id been otp but somehow passed. He said he would send me a ticket in the mail when he dropped me back. Few weeks later got one for 20km over I think. I paid it and of course stopped driving like an idiot.

If you get caught redhanded just pay it.

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I\'ve had a shit load of fines. If you legitimately weren\'t speeding then sure, fight it.

But if you sped and got caught, stopping being a bitch. Be a man and pay up. You knew the consequences if you got caught.

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Cops do try their luck . One came round a corn!r as my mate was going the other way ,on his tl 1000. pulled a u turn and chased him down .. tried giving him a ticket for 145 and the asst 40+ complications . Mate went and looked at his radar and it had 117 as last reading .

Until the traffic police stop blatantly lieing about when chases are abandoned I really don\'t see why we should respect them

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 lachlan said:

Cops do try their luck . One came round a corn!r as my mate was going the other way ,on his tl 1000. pulled a u turn and chased him down .. tried giving him a ticket for 145 and the asst 40+ complications . Mate went and looked at his radar and it had 117 as last reading .

Until the traffic police stop blatantly lieing about when chases are abandoned I really don\'t see why we should respect them

Why the fuck should they abandon a chase? Why is the onus on the Police to stop? Why the hell cant the rest of us put more pressure on these munter cunts to stop and not endanger others when they have done something dumb.

WTF happened to personal responsibility

FFS!

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Had traffic written in front of cop .

You ever seen a cop admit they were wrong ? They are human after all . They will get respected for doing their job properly . Not because they think they are god

As in they say they abandon every single police chase in the media 1 minute before the crash . Like fuck they\'d o

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The obvious solution to me is harsher sentencing and a decrease in living quality in jails. Not a focus on police actions. You run, you go to jail for 2 years. Do it again, 10 years. Not this home detention or periodic s***.

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 lachlan said:

Had traffic written in front of cop .

You ever seen a cop admit they were wrong ? They are human after all . They will get respected for doing their job properly . Not because they think they are god

As in they say they abandon every single police chase in the media 1 minute before the crash . Like bother they\'d o

Traffic cops are cops like any other.

If they do lie I can fully understand why. Seeing as they get chastised for doing nothing less than I would expect - trying to catch bloody criminals. If pursuits rules get any more lax, more and more dickheads will give getting away a go. In fact, that\'s already happening.

I\'m yet to meet a cop who thinks they are god. Maybe your opinion is generated from spending too much time on the wrong side of the law..?

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 lachlan said:

As in they say they abandon every single police chase in the media 1 minute before the crash . Like bother they\'d o

If there lying I think its sad they feel a need to... Chase those bastards and go Judge Dred on there arse!!!! (tongue very slightly in cheek)

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you know theres no seperate traffic cops right?

+1 to sultans comment

these guys get raked over the coals if they dont pull out of a chase when directed. dispatch says stop, they have to acknowledge it and stop, lights off the works. if they got caught carrying on theyd be out of a job cause the amount of heat they get after every one of these crashes where some botherwit hits a pole/whatever cause he didnt have the stones to just stop is massive

i was in one pursuit which got called off, literally minutes later restarted in another suburb cause someone called 111 on the legacy doing 100+ in a 50, the guy kept running loooooong after he was out of sight, as you imagine 99% of peeps doing the bolt would do - think about it, youre going to run as long and as hard as your adrenaline keeps going cause you know that area is getting flooded with police looking for you

ive got a few mates in the popo already and im doing regular ride alongs as well (after some better work stories) and the overwhelming consensus is that given the choice theyd just rather PIT every munter off the road the instant they try to bolt, however it aint an option here so they end up having to more instead chase till the person gives up or more often get told to stop, flick the lights off, wait a little while, then have to go extricate the half dead driver and unfortunate passengers from the smashed car and hope that noone else was involved

sorry for the rant but its something i get fired up about, if people didnt run in the first place thered be a lot less wasted lives

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well to be honest it a bitch of a job and I would not like it, after my recent run in with the Henderson Police I have the ut most respect for them and the job they try to do for us, speeding ticket aint a murder charge guys save the racing till night wars or track days, how many boy racers have taken lives on our roads and its those 5% that make it harder for the rest to have the respect of the police, yep i said there respect you dont respect them they will f**k you up, if they respect you and your vehical is all legal they will leave you alone, how about all the good they do, I dont care about media hype and 2nd hand bs when it comes to called off police chases, if they say its been called off its recorded as is, all there conversations over the 2 way are logged and stored

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 Dave88 said:

Anyone here e ER challenge a speeding fine by checking if equip was calibrated etc?

Any success?

Unless you are going to lose your license from the demerit points, just pay the fucken ticket and shut the fuck up.

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I\'m on the fence here. Most cops are genuinely all good, and if you\'re going to cruise on the highway over the limit then you have to play the game and roll with the punches. On the other hand, I\'ve personally experienced a cop (who was otherwise totally reasonable) try to bump me up into a higher ticket bracket. I asked to see the radar and it was 2kmh lower than he said, aka 15 less demerit points. Not really sure what was going on there.

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