Contesting a Speed Camera Fine

[Aaron_EF8]

Hi Guys

On the last FF Heathcote drag night, I got done speeding on the way home, supposedly 110Km/h in a 100Km/h zone. Now I admit I am not the slowest of drivers, but I generally keep within the speed limits in Victoria.

The concern I have, is there is another car in the photo, 20-25m behind mine, which is less than 1sec at 100Km/h. The photo is also of the front of the car, which I thought was illegal to do under privacy laws.

Do I have reasonable circumstances to contest the fine?

I don't have a scanner here, but I will go to my mates house tonight to scan the pic if someone wants to see it.

[XA-Coupe]

I reckon you shold contest it anyway just to waste their time ( and money ). Send it back to contest it , wait a couple of months for them to get the paperwork done.. then a week before the due date ring up and tell them you want to plead guilty and pay the fine ... they have just spent more than the fine in red tape and paperwork

Seriously, go see a solicitor.. they are the supposed experts

[Walkinshaw]

Indeed aaron, i did the same thing puerly just to **** off the finance staff at Adelaide City Council over a parking fine in an empty street at 11:50pm on a Tuesday night. I waited till the day that it was due, rang up contested the fine, then applied to pay it via the courts in a staggered payment plan ($22 fine), then as they rejected the application i applied to be prossicuted, then paid the fine just before i would be prossicuted for the offence. Waisted arround 4months and probably arround 10hours of peoples time.

Even if you are guilty, screw em...

[Yagz]

Since when do they send you a photo ?

[LTDHO]

I think you have to pay extra for a photo??

I would waste my time contesting it.

It is a photo of your car how are you going to prove it wasn't your car speeding?
Also the Privacy Act does not apply to speed cameras. They work both ways!!

[tickford2001]

yep its true, the cameras work both ways!

and yagz you can request a copy of the photo if you want - my old work used to get the copy of the pic to see who was driving at the time...there is a small fee payable to get the pic

[Psycho Chicken]

lol I got one the other week, I'll sure as hell be taking it all the way to court.....then paying it the day before.

[T_Terror]

Not sure about the distance between your car and the other, but I know that having two cars close together makes the fine contestable since they cant differentiate between your car and the other car, not sure how close the other vehicle needs to be though.

Either way, speak to a solicitor experienced with traffic law. Were all interested to hear from this.


By teh way, has anyone ever not payed a fine and actually recieved a visit from the Sheriff?

[M&Ms]

What you can do is say the guy in the pic behind you was after you with a sledgehammer after you screwed his wife, and let him get done for tailgating (3 points i think) and you'll probably get away free (well depending on your driving record). Worth a shot.

[Walkinshaw]

kind of know the person who was following

[lv619]

you got the fine in victoria? would you have to have the court hearing over here or not?

anyway, if i were you i would be contesting it for the very fact that their is another car in the pic. worth a try...

[davocol]

I would speak to aussie pete, he is the guru on this. AP where are you??

[You Yangs]

Was the speed camera working off radar or a loop in the road because the one's with a loop (most of the fixed ones) are accurate and it doesnt matter if another car is in the shot!

Definately fight it. The other car in the photo does matter but is there more than one photo as if there is more it could reveal whether you were pulling away or not.
Try the Australian Standards site which has details regarding cameras and radars and their proper use.

[Captain Stubing]

In QLD they don't send out the fine if there's more than one car in the photo. There is a reason for this, and that's a good reason to fight it!

[AU1FORME]

Originally Posted by swanny

In QLD they don't send out the fine if there's more than one car in the photo. There is a reason for this, and that's a good reason to fight it!

I think you need to check again , I got done coming off toowoomba range with 4 cars in the pic - contested it - lost - and cost me dearly.

[FPVTurboTaxi]

Originally Posted by swanny

In QLD they don't send out the fine if there's more than one car in the photo. There is a reason for this, and that's a good reason to fight it!

oh yes they do

my little pressie i got the other day
btw
i know i was doing the speed limit and i know the car behind me was speeding my gps went crazy and i slowed down cause i had it marked as a speed camera zone .. when i slow to the speed limit it stops beeping ... but i cant proove it

I'm here but to be honest I've got a pile of these babies I'm busy fighting myself. Not cameras mind you.

I have a few words of wisdom though. And this applies to VicPol Prosecutors who in my experience are one step out of neanderthal in their legal sophistication and understanding. Most sit there and agree with whatever the judge says. It's a great area of law because the pollies have changed the whole premise of traffic law such that you do indeed have to prove yourself innocent (versus a murderer who is assumed innocent).

So, remembering the enemy, don't agree to anything. Do your homework at austlii and try to fart around and if at all possible push out mention dates, plead dates, letter dates as far as possible. Like a recent one of mine that finally tripped over the 12 months since the offence. Suddenly, the Pigs can't change the charge sheet and you can then go to court and say "Your honor, this error exists..." off scot free on what is admittedly a technicality.

I learnt a while back that a consultation with a barrister (typically $300) and a note pad can bring wonders in rewards. On one occasion the sight of the barrister's business card as we dealed on a speeding fine got me a <10km/h conviction where the case was for the Police making me walk 3 months. It helped to have a cost sheet put together for them to review as well because they have to answer to costs incurred if you win - with barristers and time off work etc this can quickly add up to figures approaching $7-8k. All of a sudden Pigs will plea bargain.

If the barrister has to turn up to court expect to pay up to $4k for a simple matter with a one day case/appearance and more if you want to use the expert witness method to expose a technicality.

The whole VicPol traffic fines system is morally corrupt and is based on you being less sophisticated than the no hopers lumped in as junior prosecutors in court. Throw a few curve balls and you'd be surprised!

[EA2BA]

Yeah I thouht more then one car in the photo travelling in the same direction put the detection into a grey area so was not followed up, I think you have a high chance of winning.

Originally Posted by Dellboy999

Yeah I thouht more then one car in the photo travelling in the same direction put the detection into a grey area so was not followed up, I think you have a high chance of winning.

Umm no.

See, that would make them waste too many photos. So, they set up the camera, take all the pics, and someone SUPPOSEDLY applies a template onto the pic and any car in the zone per the template is the one that gets nicked. Forget Australian Standards, forget any miniscule or major shortcomings in radar, forget all that.

But I await the day where someone asks the obvious question: how exactly do they provide calibration and correlation between the beam, the camera, and the template to ensure all three match all the time. A quick look at a speed camera car operating at Marrickville NSW will tell you it's a farce. It is fitted with a Ford Smartbar that has been pushed in on the RH side of the car. Instant change in angle of the radar versus the camera.

Mr Bracks scumbag wants you to pay up because Greed Camera fines dropped dramatically again last year.

As an aside, watch out because they're now using tripod mounted scameras that are more easily hidden and importantly can be used over the top of those concrete barriers and roadworks barriers.

Bracks has his eyes on your wallet. :togo:

[Lightning Strike GT]

Have a read at this this guy hates the speed cameras with a passion and there is also some good and valid points in there as well
road sense

[rob_o]

I got a fine the other day after being snapped by a camera. I have until the 28th of September to pay this. If I write them a letter and send it to them, what if I dont get a reply by the 28th? Do I have to pay this then? Or do I just wait for a reply?

[M&Ms]

Originally Posted by rob_o

I got a fine the other day after being snapped by a camera. I have until the 28th of September to pay this. If I write them a letter and send it to them, what if I dont get a reply by the 28th? Do I have to pay this then? Or do I just wait for a reply?

It takes around 6-8 weeks for you to receive a reply letter... You do not have to pay untio you receive a letter from the Iinfringment Processing Bureu, and If you get questioned as to why the fine hasn't been paid yet (which is unlikely), just tell them you have tried appealling the fine with a letter and are awaiting a reply.

My parent's have successfully contested 3 fines in the last 8 years this way.

Go for it and Good luck mate, ing_sm

[K_Man]

Is there still a caution system in place? My mum managed to get out of a speeding fine using this info i found on the R31 Skyline forums:

Some motorists can be let off with a caution. If you have recently received a speeding fine, but have been a good driver in the past, you can apply for a second chance.

Victoria Police has the power to let drivers off with a caution. Each application for a caution is judged on a case-by-case basis.

You can apply for a caution if you:

* Have held a full drivers licence for the past 3 years
* Have had a clean driving record for the past three years (no speeding or other traffic fines)
* You were caught doing less than 15kph over the speed limit (say 72kph in a 60 zone)
* Have not had a previous warning

You can write to the Civic Compliance Victoria and ask for a caution. You need to admit that you were speeding.

Unfortunately that info is a bit old now, and the website has changed, I'm not even sure if it's Civic Compliance Victoria anymore. She copped the fine about a year ago now, so i doubt much has changed. It's worth chasing up however, the letter Mum wrote was pretty ****weak and she was let off with a caution.

[mutanti]

I got of about 18 months ago.
I just filled in the form with details to pay the fine , visa details etc, and attached a letter and put in that I know the importance of not speeding and I dont normally etc etc and the replyed with a letter saying that as I had admitted to the offence and was my first camera offence they would let me off.
:P

[rob_o]

OK cheers guys... I got my sister to write a professional letter (shes had a few speeding fines;)) and I sent it off about 2 hours ago. Hopefully I get a response sometime soon.

[rob_o]

I got mail back from the bureau yesterday rejecting my appeal. So I can either pay up, or take it to court. Its only a $75 fine, and court is $65 + hassles. Dunno which one to do. In court I can always lose and still have to pay fees and the fine.

[Redrum]

Imagine if all people that received a speeding fine decided to contest them, would bog the the court system down for years........

[rob_o]

I think the fact that Im a P-Plater and only been driving 2.5 years, I dont see myself having high chances of being let off.

[thestig]

I'm paying off my fine by installments, and there's a space for comments on the BPAY online form so everytime a payment goes thru they get a rather offensive piece of my mind. No one will read it, but it helps me get to sleep at night.