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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My son was caught allegedly speeding at 105km/h in an 80km.h

Customer Question

My son was caught allegedly speeding at 105km/h in an 80km.h zone by a motorcycle police officer at 5.30am going to the Australian Rowing Championships. He was in my BMW on red P's (for safety reasons as it is a long freeway to get there). The Police called him "stupid" and never told him his speed and we have never been told his speed except the fine saying he was "P1 driver exceed 90km/h- over 20km/h" The Police have now said he tracked him for "3/10th of a kilometre" which was true but he was under 80km/h all this time trying to find somewhere safe to pull over. My son denies he was speeding as the car he was originally following was doing about 70km/h beside the Police motorcycle. The Officer's only words were "you must have been speeding because you went past me". He has never been issued a ticket either. Can you please assist. Many thanks
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.Has he been issued with anything? Court proceedings?
Customer: replied 1 year ago.
Hi LeonJust the speeding fine
Customer: replied 1 year ago.
Sorry just the Penalty Notice
Expert:  Leon replied 1 year ago.
Good AfternoonWhat evidence apart form his belief does he have to back up what he says. He can elect to take to it to court but he has to have evidence to back it up and fight them.
Customer: replied 1 year ago.
HI LeonHe doesn't have any evidence unfortunately as he was driving. He had a passenger with him and we can ask him what he thinks, otherwise it is my son's word against the Officer's. What I don't like was my son was driving my new BMW with red P's. The Officer pulled him over and then said "I promised I wasn't going to pull anyone stupid over today". He then said "You must have been speeding 'cause you overtook me" At that overtaking time, the Officer was sitting in the right lane and another car in the middle lane. My son then went around the left lane as the two vehicle, appeared to slow. My son thought the car had seen the Police and slowed accordingly as the Officer was beside him and my son thought he was about to book the car. The Officer then states in the review that my son then drove for "3/10th of a 105km/h" before he pulled over. This is factually incorrect as he was trying to find a place to pull over from the freeway. It appears the Officer didn't like a young bloke on P's driving an expensive car (attitude was wrong from the start), then accusing him for speeding for 3/10th of a kilometre is wrong, his comments about "went past him" so that means he was speeding, reference to being an idiot and more importantly he never told my son by word or evidence what speed he was doing and never been issued at ticket. I have asked for evidence he was speeding and nothing has been forthcoming.
My son has been selected to represent Australia and will need his license to get to training (15 sessions a week) and mostly he will have to go from Gladesville to Penrith four to five times a week. It is impossible for us to drive him and his weekly training sessions start at 5.30am daily.
Q: Can we attend Court for some leniency and reduced to a warning? It is also a $446.00 fine.Many thanks
Expert:  Leon replied 1 year ago.
Good AfternoonWas all the conversation recorded by the officer and if not is the passenger prepared to give evidence to confirm what the officer had said. Particularly comments that put in question whether the officer iOS not sure about the speeding?If your son elects to have the matter go to court the evidence has to be provided before the hearing and the court will order it be provided to him.
Customer: replied 1 year ago.
Hi LeonI am not sure if it was recorded as the Officer did not advise him it was going to be recorded. The Officer did keep his helmet on though. My son will give evidence if needed. Also he has just gone on to his Green P's. If he loses his case do the point go onto the Green license? If so, he will retain his license as they get 4 points I believe and this fine is only 3 points. If they go to his green P's then we can just let it go, maybe??Many thanks again
Expert:  Leon replied 1 year ago.
Good AfternoonThis is another thing that the officer made a mistake about. But your son should get as much as he can. His licence will be suspended for up to 3 months if he loses the case.