As topic states, if they are stationary and see you speed past can you be fined?

lol not really

take em to court if they do....

where is there proof?

they cant give you a fine for it unless you admit to speeding, whatever you tell them over they'll do you for, but legally they havent got a leg to stand on if you tell them you werent, your word vs thiers

if you were weaving and obviously going too fast and they get your rego but did not pull you over and as stated did not have a speed gun, can they later come to your house and fine you for other stuff i.e wreckless driving/hooning?

Yes, they can do anything

lol do you guys know this for a fact or are you just making assumptions?


In no uncertain terms, yes they can. They have been 'professionally' trained to estimate speeds. In court the evidence would probably be their 'expert opinion' which will be given more weight than some random kid who drives an imports word.

99% sure of this, i'll wait for Smokey to correct it.

^

As above, yes, they can estimate your speed and it holds up in court. I've been done for it.

only the TMU AFAIK

always been told in wa that if they dont have the equipment for measuring speed they cant do you for it unless you admit to it. ive been done by off duty cops whilst with 3 other cars and all they could do us on was the speed one of the drivers admitted to (just so happened it was a commo at the back of the pack so it can be assumed we were all doing that or over)

wreckless and that is different cos its obvious and totally up to the cop at the time anyway

i dont know 100% but once a mate was pulled over speeding without radar as they were both driving (cop + him) and he tried to do him for speeding and mate asked if he got him on radar, cops was like no, so mate said "i was doing legal limit"

so the cop couldnt do anything about it and let him go

thats all i know but i could be wrong

^ u r 100%, those fkers have no proof that ur speeding without a radar! they think they can pull u over and scare and u threaten to send u a fine in the mail.....if u ever get pulled over, ask them to show u the radar!

generally a highway partrol car will have a radar, but check it anyway, all the others generally dont get u on radar, jus a scare tactic.

f..k em all

Quite a few posts here from people who seem to live in a dream world.

Who in court do you think the judge will beleive? A respected member of the police force, or some young guy in a fast car?

The cops can do whatever they like, anyone that doubts it will probally change their mind 1 day when they see just how much cops can get away with.

Myself and many other members on here, have gone to court and lost our licenses without the police having a 'radar reading' or any evidence.


Just to give you a bit of an eye opener,
I got REEMED, car impounded, 4 charges, court, etc, earlier this year.
I spent 3hrs giving the police a statement on the side of the road, with 10 cops surrounding me from midnight - 3am.
The statement i gave the cop he wrote on paper. (i wasnt asked to read it, or sign it)
He sent me the court summons and a typed up version of the statement.
The typed up version of the statement i gave him, he had changed some of my answers. To totally screw me. And there was NOTHING i could do about it.
Im only saying this because my case is now done with and i dont care who reads this.

So as Dazza said.... THEY CAN DO ANYTHING.

In your case crazy_1_96,
I have been pulled over by cops for speeding before and gotten off by denying everything and asking for a reading, but they will often let you go if you only going 10-20k's over the limit... if you were going 50-100k's over the limit, and they want to nail you for it, they dont need any evidence at all to do it.

PS - dont anyone tell me i am meant to sign my statement, or i am meant to receive a copy of the original statement, or i am allowed to see a copy of the original statement if i request it, i spoke to a number of Lawyers and they all said the same thing, it is bullshit, and unfair, but they're cops, they get away with whatever they want. Welcome to the real world.

Dude didnt you read my post above? They do have evidence.

1. Yes they can be driving and estimate the speed of a car travelling near them.
2. Yes they can see you drive past and estimate the speed you were travelling in their professionally trained opinion.
3. Even if they have a radar reading, they are not obliged to show you.


People have been done in the above circumstances before and it will continue to happen.


As tiger_s13 said a lot of people here are just living in a dream world.





This is posted in the VIC section, laws & regulations in WA may be totally different!

sorry please excuse sami, his got a language barrier + urge to build his post counts...

its been a night and a day and have had no word... yet... touch wood, if they wanted me that bad i would have thought they would have turned up last night like 10 mins later or that i would have at least had a phone call so...
i know im still not out of the woods but it was a divvy, not sure if i said that already, so im hoping they put it down to boys will be boys

mate, i was coming into a roundybout crossed up, saw the cops coming from my left and stopped. They put me on the bag, then said they were gonna do me for reckless. 2 weeks later i thought i was outta the woods. another 2 weeks later i got a fine for fail to give way. So, you're not outta the woods yet, but good luck. Oh, and this was in vic

Cops = Pigs

end thread

You seem to misunderstand the difference between a statement and an interview. You did not provide a statement to police. If it was a statement, then you would have been asked to sign it, and then the police would also have signed it.

You were interviewed. In this instance, you are not required to sign it, nor do we have to show you what we are writing. But something to be aware of...generally, these days, our interviews are tape recorded as well. I have had plenty of people tell the court, that they didn't say something I have typed in my statement, only to be made to look like a fool when/if the tape gets played.

Now, on the question of whether police need a measured speed from an approved device. No, not at all. I have successfully prosecuted a number of matters based solely on an estimation of speed. Speed measuring device evidence is prefered because it is difficult to negate, but estimations are certainly able to be used.

to the owner of this post.

if you recieve your fine you dont have to py for it. just have it viewed in court.

havnt read ne other posts.. but short answer is ...YES

just like u can ring the hoon hotline..with no proof

take it to court and find out the hard way LOL

i dont like this rule... dont u guys think it is possible to lend towards unfairness? or bias?

* my eyes can read your speed~~ wooooo

thats news to me ......

so catch a cop on a bad day who dont like you for some reason and they can just about slap you for anythin? and people wonder why drivers feel targeted...

Anymore posts like HLF-CST's which look like a 5yr old bagging police, you will be warned.

Lacking respect for police is fine, but a simple post "cops = pigs" we dont need around here.


And smokey, yeah i beleive you, i got screwed because i decided to give a 'interview' on the side of the road, NEVER will i be doing that again, ill let them cuff me and interview me with a recording @ the cop shop if im ever on the wrong side of the law again.

* my eyes can read your speed~~ wooooo

LMAO!!!. they think they can!

man ur soooo cool.

as smokey has said, police (especially tmu) are trained in speed estimation hence they can estimate ur speed without using a gun. and yes it will hold up in court. for the guy saying its ur word against theres, sorry to break it to u but the

cops word>you word

especially at a court of law.

For a summary offence, that won't happen (unless there is a power of arrest. And even then, just because you go back to a station does not necessarily mean the interview will be recorded. Tape recorded interviews like this are only done for indictable matters). Roadside interviews are common. In almost every instance, the motorist has been stopped as a result of police observations, so it will make no difference to the police evidence should you choose to refuse to answer their questions (there are some questions that you must not refuse to answer, as per lawful requirements). On the other hand, if you have a lawful exemption and you do not make police aware of it when they speak to you, then you will be unable to rely on that exemption at court.

It is also your opportunity to give your reason for your actions. This in itself may result in no further action being taken against you.

Case in point - I recently pulled up a driver for a traffic offence. When I asked him his reason for the offence, he explained why he took the action that he did. In considering ALL the circumstances, including weather, road and traffic conditions, I made a choice to warn the driver instead of issue a ticket.

smokey answer me this because i dont understand.

if we are innocent till proven guilty, how can you prove we are guilty with an 'estimated' speed? a guess is a guess, it doesnt matter how good the guess is, it still is not proof. i totally understand radars and cameras, including video cameras, but not this estimation.

smokey, i see where your coming from with this line

"It is also your opportunity to give your reason for your actions. This in itself may result in no further action being taken against you"


but on the other hand, giving reason, is another way of admitting guilt, making it nice and easy for the cops to fine you?

A Penalty Notice in itself is not proof of guilt. In fact, the Act states that only infringement notices issued for excessive speed (those involving a licence loss) or drink/driving offences are recorded as convictions. Even paying an infringement notice is not an admission of guilt.

So guilt really only comes in to it when you elect to object to being dealt with by way of an infringement notice and having the matter heard before the court.

Now, you will find that every instance a police member gives evidence about the use of a speed measuring device, they will also give evidence of estimating the vehicle's speed prior to checking it with the speed measuring device. The legal fraternity often overlook this and attack the speed measuring device as best they can. On the odd occasion a device is defeated in court (which really isn't all that often these days) then we still have the estimation of speed. The court will accept evidence of an estimated speed and will determine what weight this evidence has according to the experience of the member giving the evidence. For example, a TMU members estimation of speed would be considered more accurate than that of, say, a Detective. (This is a very simplistic explanation...there's a bit more to it)

Estimation on its own is not often used as evidence, but more often used to add weight to evidence of speed measurement by other means.



As I said before, in almost every instance you are intercepted for a traffic offence, it is because the police have made direct observations. Any admission of guilt is incidental, as it won't alter the prosecution. On the other hand, an acceptance of your error and taking responsibilty for it may sometimes result in you being warned or perhaps receiving 1 ticket instead of 2 or 3. Ultimately, this comes down to the member speaking to you at the time. As a rule of thumb, don't expect a warning from the TMU. If you happen to get one, then consider yourself lucky.

Basically, whether you admit the offence or not, you will probably get a ticket unless you can show a lawful exemption.

thanks for answering that mate, i still personaly think its rubbish, but i understand.

i want the last 5mins of my life back

i been done three times like this and twice lost my licence for it... ah the hate grows more and more

how about the ppl that have taken it to court and won post in this thread.
when i brought it to court i lost with 2 witnesses.

i was pulled over along with two other cars. the police car was parked as we went past and decided we were speeding on a road with a medium strip in the middle. Police car drove up the oppisite side of the road no lights on and when the strip finished cut us of and fined us for eighty in a sixty zone. complete crap. we went to court no question the police officer can tell how fast you are going buy looking.
we were at fault fine and waste of money in court.
judge told us that there was no doubt we were speeding.
so yes police can do this and you will waste your money in court