Defending
an unjust speeding infringement.
If you received
an unjust speed camera infringement you should defend - it is
your legal right.
You can
defend yourself, it is not that hard based on my experience
- but I did not win. There are now more resources to help you
defend your unjust infringement.
If you are
dependent on your drivers licence for your livelihood it is
even more important that you defend and it is highly recommended
that you appoint a lawyer if you can afford one.
If you plan
to defend you should go to these sites.
Speeding
Fine Consultants
- Scott Cooper of Speeding Fine Consultants says it is possible
to beat and avoid many speeding tickets and fines. There are
a multitude of reasons that make your speeding ticket invalid
and Speeding Fine Consultants are experts in helping Australians
to Beat Speeding Tickets. They provide a fully comprehensive
service including detailed advice and guidance about speed detection
devices and court procedures. They claim if you go to court
armed with limited knowledge about speed cameras and detection
equipment and do not act correctly whilst in court then you
will probably not win your case.They also offer specialist and
expert advice to the legal profession and claim their success
rate is 85%.
TrafficLaw.com.au
VIC. Sean P. Hardy is a Melbourne Barrister with 16 years experience
defending road traffic offences including speeding. He has extensive
information about speed cameras and speeding on his website.
Expert
Radar Witness - Contact
info for expert witness. Also read their News for latest developments
in the fight against faulty speed cameras.
Fightfines.info
- Site to help fight unjust speeding fines in Victoria
Australian
Standards for Radar.
If
you are going to defend you should get a copy of the Australian
Standards for radar. You can order this copyrighted material
off the link below for around $60. There are a few parts to
the standards so make sure you order correctly. Standards
Site Here.
Herald
Sun article.
The Herald
Sun ran an article on 4th August 05 called "Secrets of
speed cameras revealed" by Ellen Whinnett that provided
information on potential flaws in speed cameras.
The article
stated that "MOBILE speed camera readings can be distorted
by metal signs, fences, walls and even Australia Post letter
boxes". This is according to a secret police document which
Police have fought to keep a secret.
The 50-page
book titled "Speed Camera Policy and Operations Manual"
also identified a major weakness in the cameras, which monitor
multi-lane roads. A copy of the document obtained by the Herald
Sun shows:
- "CAMERAS
are not to be set up on bends.
- OPERATORS
must not camouflage or disguise the cameras in a way that
could lead to a public perception of "sly operations".
- CAMERAS
can be used on a downhill road only if the road has a significant
history of speed-related accidents.
- TOLERANCE
levels, where motorists can travel over the speed limit without
being fined, are flexible.
- POLICE
book so many people to reinforce the message that it is not
worth the risk to speed.
- THE locations
of fixed speed cameras are chosen to maximise the number of
people who can be caught speeding.
- CAMERAS
must not be set up within 200m of a change to the speed zone.
- CAMERAS
can be used within 200m of a change to the zone in a children's
crossing area or a school zone with prior approval of senior
police."
The book
also states. "Cameras should not be set up on or near an
overpass, or facing an elevated adjacent road that may carry
traffic past the extended speed camera radar beam.
Other sources
of reflection are pole-mounted electricity supply transformers,
metal signs such as house-for-sale or auction signs and Armco
road barriers.
Metal bus
stop shelters, public telephone booths, Australia Post letter-boxes,
sheet metal garage doors, fences, factory walls and closely
spaced iron picket fences are listed as possible reflectors
capable of distorting speed readings."
Read the
full Herald Sun story here.
Channel
7 Today Tonight Story - The truth about speed cameras
REPORTER: Nicolas Boot
BROADCAST DATE: March 14, 2006
The article stated, "Some speed cameras are faulty and
are making drivers fight back in court as they challenge their
fines and win, setting legal precedents when they do".
Steve McNaught took his $75 speeding fine to the NSW Supreme
Court and won. "They're going to incredible lengths to
protect the flawed system," he said. "They've got
to go back to the drawing board and redesign the system."
His lawyer Dennis Miralis said, "Not one camera is without
fault, in other words all the cameras which I have issued paperwork
on have got significant faults".
Dennis said the problems have to do with the computer system
and the missing images and DVDs having to be replaced. His advice
is that should you get caught speeding, demand a record of the
fine from the camera.
"You issue a subpoena, you get the site maintenance log
history and I am yet to see a log that shows the camera working
perfectly and in good order," Mr Miralis claimed.
Every time Mr Miralis fronts court trying to get motorists
off their fines the RTA sends out its A-team of Queen's counsels,
barristers and other lawyers, all costing thousands of dollars
a day to beat Dennis.
So far he has had seven victories against the RTA and he has
a long list of challenges still to be heard.
Link to
this story on Today Tonight no longer available.
Read follow
up article in the Herald Sun of 26th March 06 which claims,
"The NSW Supreme Court threw out an appeal by the Roads
and Traffic Authority against a magistrate's decision in favour
of a man who claimed there was a technical fault in a speed
camera photo of his vehicle. Full
Herald Sun Story.
Lawyer
Dennis Miralis can be contacted at Nyman Gibson Stewart Lawyers
(02) 9264 8884.
Another
Channel 7 Today Tonight Story - Beating speed cameras
REPORTER:
Glenn Connley
BROADCAST DATE: August 4, 2005
The story claimed there are an increasing number of victims
of wrong camera readings who have proven big brother can be
beaten.
Dr Wolf Garwoli, one of Australia's foremost radar experts said,
"Police and private contractors are ignoring simple rules
for operating speed cameras". "If you have multiple
targets in the radar beam or if you set it up incorrectly whereby
you bounce it off the road or you set it up looking into a bend
then the radar fails," he said.
He also
said, "Speed camera readings can be affected by other vehicles
at intersections, tram and train lines, for sale signs and other
real estate signs, traffic signs, bus shelters, phone boxes,
letterboxes, metal garages, sheds, fences or parked trucks".
Jeff Bowtell
is an experienced private contractor with Tenix, a company which
had a contract to run mobile cameras in Victoria.
Dr Garwoli and Mr Bowtell have helped many motorists escape
their fines but said if you are going to take on the system
you have to get it right. They had this advice to give.
• Check the police photo and look for objects which could
affect the radar.
• If you see a flash go back to the sight and take your
own photos which prove the obstruction was there on the day.
There is
also an issue with other moving vehicles in the photo. Retired
Victorian politician Robyn Cooper exposed a flaw in the system
when he challenged police over a second car in the camera's
photo.
"The
police officer assumed it was booking the car he noticed which
was going the other way," Mr Cooper said.
To contact Dr Wolf Garwoli, they suggest you write care of your local
(Channel 7) Today Tonight Office.
Choice
Magazine
You
can also get useful information from the Choice Magazine,
the Australian Consumers Association website by becoming a member
for $14.50
The
speeding ticket fiasco has reached such proportions that Choice
has taken an interest and is offering advice on what to do when
you get a ticket. In an article published on their website in
July 2005 they state that one in five drivers receives a ticket
within a two year period.
Basically
they say you have three options - pay up, dispute or go to court.
If you want to dispute it they suggest you write a letter to
the agency that issued the ticket and that you normally don't
have to pay the fine until the dispute is resolved - "but
check
with the agency to make sure".
They also
state that "if you want to put your side of the story and
have a magistrate decide the matter, inform the agency of this
by filling out the form provided with the infringement notice
or write a letter". They also warn not to ignore the ticket.
One of the
most interesting parts of the article is a section on how you
can apply to possibly get off with a caution. This is only possible
in the ACT, NSW and VIC.
You can
read a full copy of the report by becoming a member of Choice
for $14.50. You can become a member online and and have immediate
access to all their reports for a three month period. Check
it out here.
Do a search for "Spotlight on speeding fines".