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 Charged With Speeding When Being Followed - How long do the cops have to follow u?  

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Bevan Boy
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Post #1 post 25th July 2005 - 02:32 PM
Hi Guys and Gals

Just a quick question that i'm hoping someone hear maybe be able to answer for me.

Does anyone have any reference to legislation etc in regards to police officers booking u for speeding by obtaining ur speed by following u?

I got done a few weeks ago, and in the space of 600m i have turned left at an intersection, sped up to 74km in a 60 zone, was pulled over and stopped. The police officers told me they obtained my speed by following me, but i find it hard for all the above to happen and them follow me for a reasonable period to obtain my speed all in 600m.

Anyway and help would be appreciated as i am planning to take this to court.

Cheers
Steve thumbsup.gif

Please keep the thread clean from spam, i just need correct answers and references to something so i can prove it in court, i'm not looking for sympathy.

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NISMOgemini
Post #2

they only need to follow 200m..

u just admitted u were speeding, so take it on the chin and take the fine

mmmm gtst
Post #3

yeh... well u DID admit it... so ur wasting ur time.. what is it 1point $150 for that? thats all i got charged for..

qwk_R6
Post #4

i think its been raised to 3 points but that may be in nsw only.

if the cops were behind u and were hit 60 and u were still pullin away then thats about all they need.

plus if u take it to court its goin to be ur word against a "trained proffessional"

like the others sed just accept it

Hosko
Post #5

I too got done, except the pOlice did not follow me. An officer on a bike simply sped up to me and then said he estimated my speed.
Me: "So how fast was I going?"
pig: "Around 100km/h an hour, I had to do 100km/h to catch up to you. You were probably doing up to 140 but I'll write it down as 100"
Me: "If I was doing 140 and you were doing 100 you wouldnt of cought up to me"
pig: "Take it to court if you have a problem, I get paid to go to court"

vh-holden
Post #6

ask them to see the calibration sticker for their speedo....

Bevan Boy
Post #7

I never admitted it to the cop.

I was just stating the speed above that i was booked for

When the officer said i was speeding, i replied with "i dont believe i was, but if u say so what can i do?"

I also asked how he got my speed, and he replied i followed u, he never mentioned how long for.

I never admitted it to the cops, if i did i know i wouldnt have a leg to stand on. Hence i'm asking for the distance.

The fine is 3 points and $150. Prob is i was on 3 points, was due to get 2 more points back a week after the offence sad.gif so i think its bye bye licence.

Cheers guys

LOW_CAL
Post #8

tick the box on the back and fight it

least then u wil have a month or two to acrue them regained points that you say u should get back

u may be out of pocket fighting them but its better then being out of pocket and a car for 3 -6 months
Hoon
Post #9

You might want to check with a proper solicitor. I remember someone saying something along the lines of "5 lightposts" which would be around 400m. Might be bull, but never know!

DR1F7
Post #10

They have to follow you for a distance of 400m at a constant speed to obtain your speed
prophecy
Post #11

sister's bf and a couple of friends have had their speed VERY acurately guessed just by the cop driving past the other way, *shrug*

TwinCam16
Post #12

Correct, min distance is 400m at the speed. but if you admit it, just bend over and take it sweet

prophecy
Post #13

heh, speeding you can dispute in court,

judge: where you speeding
plaintiff: not to my knowledge

but some of the things people take to court

judge: did you do a burnout
plaintiff: i.. dont.. remember.. i was too drunk.

MR_CIVIC
Post #14

as dump as it sounds i had a mate who took a cop to court for getting a ticket, not with the force tho, personally, cos the copper had pulled him over before and said he hated hoons and would go out of his way to give one a ticket. prob was my mate had a car full of friends to back him up. he won the case!

drftvp
Post #15

wouldnt no man i got dont by a speed gun on the weekend ne one no wat the loss of points is when you do 130 in 110 zone the fine is a $150 but im not sure on the points
kizzlemynizzle
Post #16

I may be misinformed, but I thought that 2 officers had to be in the car at the time of the estimation...

vh-holden
Post #17

QUOTE(drftvp @ Jul 25 2005, 09:46 PM)
wouldnt no man i got dont by a speed gun on the weekend ne one no wat the loss of points is when you do 130 in 110 zone the fine is a $150 but im not sure on the points
[right][snapback]5252793[/snapback][/right]


english?

trd_rolla
Post #18

QUOTE(vh-holden @ Jul 25 2005, 10:56 PM)
QUOTE
wouldnt no man i got dont by a speed gun on the weekend ne one no wat the loss of points is when you do 130 in 110 zone the fine is a $150 but im not sure on the points
english?


Wouldn't know man, I got done by a speed gun on the weekend. Anyone know what the loss of points is when you do 130 in a 110 zone? The fine is $150, but i'm not sure on the points.

A: 3 points

rebado
Post #19

"I may be misinformed, but I thought that 2 officers had to be in the car at the time of the estimation... "

Yes,you have been misinformed and yes the Qld Police have single man traffic units all throughout the state sad.gif

qwk_R6
Post #20

if you are due to get your points back in a week or two then dont pay the fine until then. you dont lose the points for an offence until you pay the fine. leave it as long as you can and might be ok

BoostedS15
Post #21

^^ actually that is incorrect, you loose them from the date of the fine. it USED to be the way you are thinking.

Nawdy
Post #22

Ok, a few points:

1. If you are going to court with this, take advice from a solictor (ie, a trained professional), preferably one who has a lot of experience with traffic-related matters

2. Write away to the QLD Police Force, and request:
- Copies of equipment calibration certificates for the speed detection equipment used in the Police Car. This should show whether the equipment has been:-
* correctly calibrated,
* what standards it was calibrated to,
* who it was calibrated by,
* test date, and
* how long the calibration company will guarantee calibration for.
You could also ask exactly what equipent was being used, and possibly research info from the manufacturer's side of things.

2. Request the booking officer's training logs

3. Request a copy of the user's guidelines, and the QLD Police Force Standard Operating Procedures for equipment usage.

4. If you are able to, go back to where the incident occurred, take photos, measurements and describe weather conditions at the time.

5. While it is still fresh in your mind, write up a record of conversation. Keep it factual (ie keep the emotion and supposition out of it), date and sign it. If there were any witnesses in the car with you, and clearly heard what was being said, ask them to write up an ROC as well. If the booking officer's attitude towards you was very negative, it could also be worth including this info. It is very important to keep the bullshit out of these statements.

If you are considering taking this to court, I'm sure you can figure out what you could use this info for, and it could provide your solictor with extra information.

***I am NOT a legal professional, Police Officer or the like. This is information I have gleaned over the years, and how you choose to use it is entirely up to you.

Good luck with it all!

Bevan Boy
Post #23

Thanks Nawdy, will take it on bord.

So much of ur time required for taking an offense to court, u question whether its worth it, especially when i'm heading overseas in January, hmm decisions decisions...

DreamensioN
Post #24

Were there 2 officers in the car? Because I seem to recall to be booked by being "followed" there needed to be 2 officers. One to drive the car, one to monitor the speed. One officer cannot effectively drive as well as watch the speedo (accurately) at the same time.

I remember hearing that somewhere - it might be worth looking into that aswell.

deva
Post #25

QUOTE(DreamensioN @ Jul 26 2005, 12:45 PM)
Were there 2 officers in the car?  Because I seem to recall to be booked by being "followed" there needed to be 2 officers.  One to drive the car, one to monitor the speed.  One officer cannot effectively drive as well as watch the speedo (accurately) at the same time.

I remember hearing that somewhere - it might be worth looking into that aswell.
[right][snapback]5253673[/snapback][/right]


I also recall this being the case.... and on a completly different topic, if a trained officer of the law "cannot effectively drive and watch teh speedo (accurately) at hte same time" how are us regular joe's meant to do so whilst driving on the roads regularly? ??? (if that is infact a law)

mkerr
Post #26

QUOTE(Nawdy @ Jul 26 2005, 08:59 AM)
Ok, a few points:

1. If you are going to court with this, take advice from a solictor (ie, a trained professional), preferably one who has a lot of experience with traffic-related matters

2. Write away to the QLD Police Force, and request:
- Copies of equipment calibration certificates for the speed detection equipment used in the Police Car. This should show whether the equipment has been:-
* correctly calibrated,
* what standards it was calibrated to,
* who it was calibrated by,
* test date, and
* how long the calibration company will guarantee calibration for.
You could also ask exactly what equipent was being used, and possibly research info from the manufacturer's side of things.

2. Request the booking officer's training logs

3. Request a copy of the user's guidelines, and the QLD Police Force Standard Operating Procedures for equipment usage.

4. If you are able to, go back to where the incident occurred, take photos, measurements and describe weather conditions at the time.

5. While it is still fresh in your mind, write up a record of conversation. Keep it factual (ie keep the emotion and supposition out of it), date and sign it. If there were any witnesses in the car with you, and clearly heard what was being said, ask them to write up an ROC as well. If the booking officer's attitude towards you was very negative, it could also be worth including this info. It is very important to keep the bullshit out of these statements.

If you are considering taking this to court, I'm sure you can figure out what you could use this info for, and it could provide your solictor with extra information.

***I am NOT a legal professional, Police Officer or the like. This is information I have gleaned over the years, and how you choose to use it is entirely up to you.

Good luck with it all!
[right][snapback]5253266[/snapback][/right]


damn good reply
thumbsup.gif

Nawdy
Post #27

Thanks for that mkerr.

I have heard of cases being dropped because people have started asking for detailed information from the revelant authorities.

A little bit of work from home, and a simple letter could end up with a good result, but don't rely on it.

Bevan Boy
Post #28

Unfortunately there were 2 officers in the car, so no luck on that angle.

The police officer was actually quite nice, cause he was going to book me with excessive noise as well, but i denied that very quickly and thouroughly so he backed out.

My start typing up a letter to the QLD police. If i write the letter do i still need to apply for a court hearing? or can i wait until they respond to my letter?

PyrotiX
Post #29

QUOTE(vh-holden @ Jul 25 2005, 04:35 PM)
ask them to see the calibration sticker for their speedo....
[right][snapback]5251274[/snapback][/right]


They will laugh and hand you a fine.

Nawdy
Post #30

QUOTE(Bevan Boy @ Jul 26 2005, 05:15 PM)
Unfortunately there were 2 officers in the car, so no luck on that angle.

The police officer was actually quite nice, cause he was going to book me with excessive noise as well, but i denied that very quickly and thouroughly so he backed out.

My start typing up a letter to the QLD police. If i write the letter do i still need to apply for a court hearing? or can i wait until they respond to my letter?
[right][snapback]5254419[/snapback][/right]


Don't leave it till the last minute - do both.

I would advise you see a professional about this matter as well - it might cost you $100 first up but could be worth it

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