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Pulled over for speeding, however the officer couldn't issue…

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Pulled over for speeding...

Pulled over for speeding, however the officer couldn't issue me with an infringement notice at the time, as he had run out of forms & said he would post it. Is this legal ?, and if so wouldn't there be a question of reasonable doubt given the time lapsed before later writing the infringement, his recall & accuracy of the incident ?

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

S.A.

Lawyer's Assistant: Has anything been filed or reported?

Have not received anything yet, happened last friday

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Saw the 50km sign, but was being dangerously tailgated & so needed to be less urgent to brake from fear of being hit. That driver then turned left & it was then i saw the police car some 300m ahead and abruptly slowed down to the correct speed within 50m, obviously too late. This must then mean that the officer pointed the gun to a distance of 300m. Lots of things come into play at that distance ie- the greater the distance the smaller the object & thus harder to stay accurately on the object especialy if the officer twitched at the time, as this can apparently increase the reading to up to 10km per hour. My point being i believe i was doing no more than 55km in a 50 zone at the time he read me. Would not reasonable doubt be enough to have the fine re-considered.

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/4/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,720
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

Yes it is legal.

Had he shown you the speed you were doing and also the device that he had clocked you on?

They will rely on the device and if you wish top plead not guilty when you receive the notice you can apply to have a court hear it.

How fast were you doing and did you tell the policeman about being tailgated?

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Customer reply replied 7 months ago
he did show me the speed & devise. Can't i ask to view the evidence from this devise ? how do i know it was actually my reading ? His devise said 74km and as i said, I dispute the accuracy, and no, did not tell him about being tailgated as they intimidate me too much, i get stressed & dont deal with confrontation too well probably due to my diabetes.
Solicitor: Leon, Solicitor replied 7 months ago

They will send you the reading.

If they don't then you can ask for it.

If you wish to dispute the accuracy you will have to run a hearing and they will have an expert about how they calibrate the device and you have a right to question them.

You will need a solicitor for that.

You should also get a report from your dr about the anxiety and this may assist you if you plead guilty to lessen the penalty.

But in that case as well have a solicitor represent you in court.

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Customer reply replied 7 months ago
No because i do not want to pay you another $82.00 as when i agreed to talk to you i believed it was a $5.00 donation according to your web page that then became $80 plus dollars & i will be addressing this issue with paypal. Are you trying to screw me over aswell ?
Customer reply replied 7 months ago
hello, are you still there ?
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,335
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 7 months ago

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 7 months ago

to sought out your issue I have extended a special offer to talk on the phone if you prefer ?

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Customer reply replied 7 months ago
No phone, thankyou. what is you follow up to my previous responce ?
Solicitor: John Melis, Lawyer replied 7 months ago

i do not have access to the charges that have applied to your account.

you can raise this question about your account on the help menu on the account page.

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Customer reply replied 7 months ago
I want to make the case for reasonable doubt ie- concede to speeding but not to doing 64km but 55km. The officer could have twitched & this can cause a difference of up to 10km according to media, especially when you are 300m away, trajectory of the radar beam to a moving vehicle etc
Solicitor: John Melis, Lawyer replied 7 months ago

you can make a case on this basis, but you will also need to have your car speedometer verified as well for accuracy as well.

have you you done this step yet ?

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