Can I really be booked speeding like this?

Ego T · 30-07-2009, 05:18 PM

Firstly I will say yes I'm an idiot but it has happened and it's too late now...

Ok. I was driving in the right hand lane behind a car doing 55ish in a 60 zone. I went into the left lane and overtook him. I probably did break the speed limit but I honestly don't know by how much if I did.

Unfortunately the car I overtook had a copper in it...

:

I went to a Maccas drive thru, came out the other side and he was standing in the driveway waiting for me. Cracked the sh&ts at me and (whilst recording me) got my details and asked the usual questions and told me he had a witness who would testify to the fact that I was doing 85 in a 60 zone. He told me a ticket would be in the mail...

My question is, can he book me like this? If he can how does he know how fast I was going?

csv8 · 30-07-2009, 05:21 PM

Sounds very grey area too me. Challenge it in Court ?

dave351cid · 30-07-2009, 05:31 PM

sounds a bit dodgy.

Peter B - CV8 · 30-07-2009, 05:32 PM

Firstly, you didn't "overtake" - you used the inside lane (very poor form....).
Sounds like it was an unmarked car ????? If so, its really going to come down to the officer involved & whether they want to take it further. Hopefully they can't be bothered with the paperwork and was happy to just "put the wind up you".

Fev · 30-07-2009, 05:36 PM

Quote:

Originally Posted by Peter B - CV8

Firstly, you didn't "overtake" - you used the inside lane (very poor form....).
Sounds like it was an unmarked car ????? If so, its really going to come down to the officer involved & whether they want to take it further. Hopefully they can't be bothered with the paperwork and was happy to just "put the wind up you".

im assuming he wasn't on a freeway/highway so whats the problem with overtaking in the left hand lane if the other lane was going below the speed limit?

Definately a grey area though, and generally they give you a speeding ticket on the spot.. I wouldnt worry about it until the ticket shows up in the mail..

**Peuty** · 30-07-2009, 05:37 PM

If they didn't issue a ticket on the spot, then you won't get one.

FGII-XR6 · 30-07-2009, 05:38 PM

He was probably on his way to work he can't book you unless he was in a cop car with a certified speedo. the speedos have to be tested and calibrated on a regular basis
you will find he was just trying to scare you but if he does send a ticket chalenge it and not only will you get off he will get in the ****

**Tucool** · 30-07-2009, 05:42 PM

I know in WA when you overtake it must be within the speed limit or else...
I don't agree with the law... I think you should be able to overtake safely and quickly... we all know the longer your out there the more chance of a mishap.

:

XR6_661 · 30-07-2009, 05:43 PM

Like the time I drove in a spirited manner past a few cars once, 4WD flies up beside me and the person driving was waving a police officer badge at me. I pulled off onto another road and kept driving.

james22 · 30-07-2009, 05:56 PM

Quote:

Originally Posted by Peuty

If they didn't issue a ticket on the spot, then you won't get one.

Not entirely correct. Could be different for other states, But I have been issued with my fair share of tickets and received them in the mail 3 weeks later. Common practice in my town.

And yes, a police officers "estimation" is admissable evidence in court.

The G6ET Spot · 30-07-2009, 06:14 PM

If he wasn't in a police vehicle with either a radar or a checked and calibrated speedo, any ticket he issues will be thrown out of court.

Dave_au · 30-07-2009, 06:17 PM

You didn't get a ticket, relax. The cop is just annoyed you overtook him.

james22 · 30-07-2009, 06:17 PM

He stated that he was being recorded. To me that sounds like a On-duty cop. He never said anything about a personal / private car... How about unmarked?

Will wait for further details from OP....

XR6Runner · 30-07-2009, 06:48 PM

I once had a police officer (who I think was driving home from work) driving an old bombed looking Magna and he was doing about 3km/h under the limit, so I over took him, but I did so by getting into 2nd gear and hammering it (not knowing it was a police officer) and when I passed him, my partner told me that the man in the magna was holding up a badge that looked like a coppa badge. I told her to ignore him, and not look at him again...

We kept driving and he just turned off onto another street and nothing happened. I guess he was just ****ed off at how I overtook him (because people going 3-5km/h lower than the speed limit just crack me, I don't know why).

If you didn't get a ticket on the spot, you are in the clear. And when he said he has a witness to testify, that is 100% B.S

You are all good mate.

Lukeyson · 30-07-2009, 06:58 PM

not sure hey mate, a few years ago, i was being hounded by one of the HWP guys, and he calls me up and says:

"i saw you speeding through town 2 weeks ago and you will get a fine in the mail"

"2 weeks, why you take so long to do something about it, IF it happened?" i asked

"i was on holidays and was in my wifes car waiting at the lights and saw you doing approx 80 in a 60 zone"

thats the gist of it, i fought it the whole way and i was as i was at work the time he claimed he saw me, the final judgement was, he was a senior "something something" and was qualified in their eyes to correctly assess my actions and the fine stood.

I couldnt believe he could apparently judge my speed sitting there in his wifes Barina and for it to hold up in court.

brad` · 30-07-2009, 07:13 PM

police can not pull over or question a driver whilst with a civilion even if its an off duty officer, just as if they dont have a video of ur car speeding or a photo with a speed on it, not alot they can do.

word of a police is good but not good enuff.

brad`

XR6Runner · 30-07-2009, 07:13 PM

Quote:

Originally Posted by XR8fella

not sure hey mate, a few years ago, i was being hounded by one of the HWP guys, and he calls me up and says:

"i saw you speeding through town 2 weeks ago and you will get a fine in the mail"

"2 weeks, why you take so long to do something about it, IF it happened?" i asked

"i was on holidays and was in my wifes car waiting at the lights and saw you doing approx 80 in a 60 zone"

thats the gist of it, i fought it the whole way and i was as i was at work the time he claimed he saw me, the final judgement was, he was a senior "something something" and was qualified in their eyes to correctly assess my actions and the fine stood.

I couldnt believe he could apparently judge my speed sitting there in his wifes Barina and for it to hold up in court.

If you took it to court, why didn't your representative fight for proof? I'm not even a lawyer, but I know that I would have stated innocent, until there was sufficient proof that it was specifically me driving that specific car, at that specific rate.

Who ever you got to represent you is a complete dumb (you know what). I don't believe you actually had to cop that fine. Find a better lawyer next time, LOL!

TOM-CAT · 30-07-2009, 07:15 PM

sounds like BS, but BS happens.

ratter · 30-07-2009, 07:39 PM

just love these legal type threads, they all contain some incorrect information and then they end the same way.

do a search and you will see similar questions, comments.

jaydee · 30-07-2009, 07:40 PM

Hasn't this type of thread been done to death, try a search, there are heaps of this type of complaint. All the bush lawyers come out with their 2 cents worth.
Sorry for the rant but geez, you've admitted you were speeding and don't know by how much, so he's got you nailed.
good luck either way.

AUXRVIII · 30-07-2009, 07:48 PM

To all who beleive that a ticket won't be in the mail if one wasn't issued at the time of the offence are very wrong, I know this as I have been on the receiving end of this process.

RG · 30-07-2009, 07:59 PM

I love these threads, but not nearly as much as I love internet lawyers.

So much misinformation....