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  #11  
Old 13-08-2010, 10:51 AM
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I'd be interested to see the outcome of the speeding offense.

Everything I've ever read on these sites sounds good in theory, but never works if it is challenged by the Police/Courts. Most of the success comes from the other side throwing it in the too hard basket.
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  #12  
Old 13-08-2010, 10:55 AM
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Quote:
Originally Posted by Kato View Post
I'd be interested to see the outcome of the speeding offense.

Everything I've ever read on these sites sounds good in theory, but never works if it is challenged by the Police/Courts. Most of the success comes from the other side throwing it in the too hard basket.
There are template documents and details of what to do given any scenario the police/courts decide to throw at you. I've used them before as have a few mates of mine so I know they work, it all comes down to how much you can be bothered doing and how important your points/money really is to you.
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  #13  
Old 13-08-2010, 11:04 AM
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I can't believe that you go to all the effort to not pay. Unless if you are 100% sure you didn't do any thing wrong, be a man and front up to it. Park in the wrong spot you know that you may get a fine so if you get one don't then chuck the shits and argue it. Like wise when you speed. Speed is 60kmph and you do 75kmph you know that you are doing something wrong. Some time people need to take responsibility for there own actions.
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  #14  
Old 13-08-2010, 11:05 AM
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Quote:
Originally Posted by xt43 View Post
how do you think signing up to a forum is going to get you off a speeding ticket?

A guy here signed up to a dating forum and he still can't score.
rolf.....
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  #15  
Old 13-08-2010, 12:55 PM
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I have a parking ticket from ECU, send me the form! And I have a valid parking permit.

Last edited by perthzed; 13-08-2010 at 01:04 PM.
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  #16  
Old 13-08-2010, 01:14 PM
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Quote:
Originally Posted by matthews View Post
I can't believe that you go to all the effort to not pay. Unless if you are 100% sure you didn't do any thing wrong, be a man and front up to it. Park in the wrong spot you know that you may get a fine so if you get one don't then chuck the shits and argue it. Like wise when you speed. Speed is 60kmph and you do 75kmph you know that you are doing something wrong. Some time people need to take responsibility for there own actions.
You're making a lot of assumptions with your statements there. I am more than happy to take responsibility for my own actions, the other night when I got a ticket for doing 114 in a 90 zone I know for a fact I was doing 100 on the dot because the chick I had in the car with me was asking how fast the car got to 100 kph so we tested it and she had the laptop and I was watching 2 speedos so to say I was doing 114 is a bit of a fairy tale (and yes my speedo has been calibrated recently). Now I am more than happy to cop 10-12 kph over the limit and get 1 point on my licence but $300 and 3 points is a joke.

Now I am sure I am not the only one who has been given a ticket for a speed I wasn't doing, so until there is a level playing field and we can be sure the "evidence" they are using against us is true and correct we should be contesting every speeding fine we get. If we don't then nothing will change and we'll just keep handing over money to the government so they can buy more of these devices to make even more money with.

As for parking fines, I'm not advocating that we all just park everywhere and don't give a stuff how long we take but there are times when we get a ticket for being 5 minutes over the time or in a non-clearly marked zone and then get hit with an excessive fine all because they didn't mark things properly.

Same goes for speeding, I'm not saying we should all just speed everywhere knowing that we can get off any fines we might get but when it comes to outright revenue raising using non-calibrated speed detection devices operated by poorly trained public servants I see no problem at all using the same corrupt system they use to illegally tax us with back against them. After all, if we have to abide by the law, so should they.
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  #17  
Old 13-08-2010, 01:44 PM
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Given that there are Supreme Court precedents that speed measurement does not fall under the Commonwealth National Measurement Act, I'm very interested to see how any defence will come about.

Keen for any more info - PM me if you want.

I have family members who have been to court since the fine they were given was physically impossible. Judges response, 'officers word > your word. End of matter'. So yeah, keen to see how this would work.
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  #18  
Old 13-08-2010, 02:25 PM
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I have the document from that website which tells you how to get out of speeding fines.

Read about 2-3 pages in and got infuriated with the random words written in CAPITALS throughout.

Glad I didn't pay for it!
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  #19  
Old 13-08-2010, 02:25 PM
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Quote:
Originally Posted by Kato View Post
Given that there are Supreme Court precedents that speed measurement does not fall under the Commonwealth National Measurement Act, I'm very interested to see how any defence will come about.

Keen for any more info - PM me if you want.

I have family members who have been to court since the fine they were given was physically impossible. Judges response, 'officers word > your word. End of matter'. So yeah, keen to see how this would work.
Going to court and saying that it is physically impossible as your only defence and not having any evidence to introduce a "reasonable doubt" is asking to have it thrown out. Saying it's not physically possible and then presenting the court with evidence is a whole different matter entirely.

But anyway, this method relies on having sent a number of letters to various departments before it even gets to court so that if it even gets to court you already have your reasonable doubts established and accepted by the various people the letters were addressed to. It sounds long-winded but its quite simple when you have the template documents. Unfortunately I can't (easily) send you a copy of the e-book as it's protected and I can't really be bothered breaking the security of a document I have already paid for but as I said earlier anyone interested is quite welcome to drop over and have a look for themselves. Just PM me.

Quote:
Originally Posted by BALISTC View Post
I have the document from that website which tells you how to get out of speeding fines.



Read about 2-3 pages in and got infuriated with the random words written in CAPITALS throughout.



Glad I didn't pay for it!

Dunno what document you are reading but mine hasn't got that :S
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  #20  
Old 13-08-2010, 02:29 PM
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From: http://trafficlaw.com.au/speeding.fines.html

Q. How does the National Measurement Act 1960 (Cwth) help to fight a speeding offence in Victoria?

It does not provide any help at all. This legislation ("NMA") has absolutely no impact whatsoever on the detection or prosecution of speeding offences in Victoria. Over the past 30 years numerous courts have held that evidence obtained from speed measuring devices is admissible as evidence in court despite the National Measurement Act and the National Measurement Regulations. The NMA legislation does not require speed measuring devices to be certified and generally does not affect the admissibility of evidence obtained from any speed measuring device. About 5 years ago I represented a client (Ken Harris) who instructed me to run the NMA argument. Mr Harris was convicted and he subsequently lost his County Court appeal. Although the NMA argument has been accepted on a couple of occasions, each of those rulings has been overturned by higher appeal courts. You will have to take your case to the High Court to overrule the current position. Below are links to some of the superior court decisions that have thrown-out this argument. A few home-grown speeding fine activists are still advising people to use this "defence", so the list of losing cases is likely to grow as time goes by. They believe the courts are mis-interpreting the legislation. The courts' duty is to interpret the legislation made by parliament, and if the courts' interpetation is not what parliament intended, then you can expect parliament to make appropriate amendments. Parliament has not made any amendments to change the court's interpretation of this legislation. In my opinion, there are many easier ways to win a speeding case than to rely on the NMA, although speeding fine activists can't think of any.

Re: Appeal of White [1987] District Court NSW
Hooper v. Marshall [1992] TASSC B50
Allan v. Broome [2003] TASSC 38
JENKINS v WMC RESOURCES LTD [1999] WASCA 171
Pearce v Dennis [1997] QCA 239
Crosthwaite v Loader [1995] QSC 42
Borody v Smith Ors [2002] NSWSC 1242
Brooks v. Parente (1989) Supreme Court of Vic. Nathan J. Unreported.
Radalj v. Taylor (1997) 25 MVR 11 (SCWA)
Rumsely v. Taylor (1997) 26 MVR 563 (SCWA)
In the Appeal of Lloyd (1994) 20 MVR 408 (NSW)
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