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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22148
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I was travelling on the motorway Wednesday morning 9.05am a

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I was travelling on the motorway Wednesday morning 9.05am a busy morning so there was a lot of traffic but not bumper to bumper busy. As I drove down the motorway I noticed a police car on the opposite side of the motorway flashing his headlights not his red & blue just his headlights at me. It caused me to look down and check my speed. I was travelling at 118kmh. I then slowed down to 100kmh and pulled into the slow lane and continued driving. The policeman couldn't have pulled me over because on this stretch of highway their is a cable dividing the 4 lanes (2 heading south and 2 heading north). I thought nothing of this and continued onto work. Then 2 days later a police form arrived at my work requesting my employer give the police officer the name of the person driving the vehicle. Legally they have to do this. Can the officer from this document now issue me a ticket and give me demerit points? He never pulled me over, no that he could have for a least 10 minutes so I wasn't issued a ticket. The form he sent said I was traveling at 122kmh also. Can I contest this? If I lose the fight against this ticket I will be on 105 demerit points and will face a lose of licence. I cannot afford for this to happen as I am a sales rep who all I do is drive around every day. Also on the 23/09/2013 35 demerit points will drop off so I would have been ok. Can I somehow delay the payment and then incur the fine after the 22/09/2013. I have been told the demerit points register once you make payment so if I delay until the 23/09/2013 is that an option? Or will he be able to issue me a ticket without pulling me over?
Submitted: 3 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 3 years ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : You can defend the notice, but the demerit points are incurred as at the date of the speeding infringement, not when you pay. So this may affect your licence, although you can apply for a limited licence right away.
christhelawyer : You may be better off trying to defend this, although there are not many successful defences, as the police generally get the prosecution correct. But it may be worth the effort in light of the demerit points.
christhelawyer : Section 88 of the Land Transport Act says
christhelawyer : (4)Demerit points recorded under subsection (1) have effect on and from the date of the commission of the offence for which the points are recorded.

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