Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 4 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
12/4/2017
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,277
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

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.

Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 4 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?

Ask Your Own Australia Law Question
Customer reply replied 4 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 4 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.

Ask Your Own Australia Law Question
Customer reply replied 4 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 4 months ago
hello, are you still there ?
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,450
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

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

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 4 months ago

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

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 4 months ago

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

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
No phone, thankyou. what is you follow up to my previous responce ?
Solicitor: John Melis, Lawyer replied 4 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.

Ask Your Own Australia Law Question
Customer reply replied 4 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 4 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 ?

Ask Your Own Australia Law Question
Was this answer helpful?
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,277 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
I hope I'm in the right place. I was wondering if we have a
Hi Pearl, I hope I'm in the right place. I was wondering if we have a case against Dodo internet. We moved houses in March and were supposed to be connected to the internet on 23 March. We still have … read more
Leon
Leon
Solicitor
46,277 satisfied customers
I feel that I've been bullied at work by a boss .. that I
I feel that I've been bullied at work by a boss .. that I contract to .. what can I do ? … read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
If an Australian person overstays in Malaysia what is the
If an Australian person overstays in Malaysia what is the penalty/fee applied until the leave that country? … read more
Leon
Leon
Solicitor
46,277 satisfied customers
I have a question regarding adult adoption in NSW. Is it
Hi, I have a question regarding adult adoption in NSW. Is it possible to adopt a non Australian citizen? I have been raising my step daughter for the past 4 years. I was in defacto relationship with h… read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
Are you able to get out of a agreement with a partnership in
Are you able to get out of a agreement with a partnership in a small business With out any high costs involved. As the other party is running the shop and has paid out for stock etc. I am working full… read more
Leon
Leon
Solicitor
46,277 satisfied customers
I had a mediation with my lawyer and my ex-husband. He wants
I had a mediation with my lawyer and my ex-husband. He wants my 12 y old to spend time at his current place and stay overnight but she doesn't want too. It has been going for 2 years I have been bulli… read more
Leon
Leon
Solicitor
46,277 satisfied customers
I am being pursued for a debr that i dont think is fair. WA
Hi I am being pursued for a debr that i dont think is fair … read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
I was wondering if there is any way that a person who has
Hi, I was wondering if there is any way that a person who has paid direct debit to a scammer was able to regain their money? … read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
I have two cars under finance they are under my husband's
I have two cars under finance they are under my husband's name, and we got a letter from the finance company that they want to repossess vehicles the original loan amount was for $24000 now the remain… read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
I accidently insured my holiday in Australia instead of
I accidently insured my holiday in Australia instead of international, couldn't change it, however my Qantas flight to Brisbane was cancelled. The insurer was Qantas, and l had to go the day before, s… read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
I was purchasing a motor car through a dealer from Brisbane
I was purchasing a motor car through a dealer from Brisbane motor dealer auctions. We paid 1600 dollars in deposit and holding fees and a transport fee that they required in advance. We were unable to… read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
I was given a written notice of pleading to fill in if I
I was given a written notice of pleading to fill in if I dont want to attend court and if so, what affect it has … read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
Tina my partner past away 1mth ago. we were in a defacto
hi tina my partner past away 1mth ago. we were in a defacto relationship for 4 years and iknew nothing of his financials and i dont speak with the family. how can i find out if he had any thing in his… read more
Leon
Leon
Solicitor
46,277 satisfied customers
Below mentioned email is a response from a land agent when I
HiBelow mentioned email is a response from a land agent when I enquired about sharing 50% of the water bill payment during the summer period. I have been genuinely taking care of the garden and mainta… read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
We leased a broodmare but contract was never signed. We paid
We leased a broodmare but contract was never signed. We paid for the up keep of horse and service fee for foal and expenses for foal. We registered the foal in our name with racing aust. The deal was … read more
John Melis
John Melis
Lawyer
2,450 satisfied customers
In the WA tenancy act it states that my landlord has 14days
In the WA tenancy act it states that my landlord has 14days from the day my tenancy ended to arrange final bond inspection. … read more
Leon
Leon
Solicitor
46,277 satisfied customers
I am the Defendant and the Plaintiff's lawyer sent me a
I am the Defendant and the Plaintiff's lawyer sent me a Consent Order with the following, what's the best move?: 1. The Notice of Motion filed by the Defendant on 20th of March 2018 be dismissed 2. Th… read more
Leon
Leon
Solicitor
46,277 satisfied customers
An I talk on the phone ratheer plz...> can. Gold coast QL.
Everything except court... medistion with QCAT 3 dys ago... a disaster... I do not want to continue with them … read more
Leon
Leon
Solicitor
46,277 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x