Soarer Central: Challenging a traffic expiation notice

Soarer Central Off-Topic Challenging a traffic expiation notice

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Anika Le
TryHard
SA
TT 1JZ-GTE

Posts: 268
Reg: 01-2009

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Wednesday, September 02, 2009 - 10:11 pm, by: Anika Le (Hime1901)

As stated in my topic, I need some advice (preferably those from SA).

I have just received in the post a traffic expiation notice which I believe is wrong. I was caught on Spains Road in Salisbury downs doing 58kph in a 50kph. Result is a whooping $220 fine!

My argument is, I always use cruise control and that being near the place of my accident, I am overly cautious. Plus I have not had a speeding fine except for 1 which I admit was entirely my fault. Other than that, I have a clean record.

Has anyone disputed and won? what process did you have to go through?

Ben Socratous
Goo Roo
SA
as i drive though the valley of the 1/4 mile, i shall fear no falcodore, for the angel of boost is with me

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Wednesday, September 02, 2009 - 11:03 pm, by: Ben Socratous (Socrates)

Not a chance!

1. cruise control is not meant for use in suburbia and 2. that would give them an opportunity to defect your car for a faulty speed.

I've had mates get done and even had the date of the offence written as 2010, still there is no way out of it. Even if you did manage to get out of it, you'd still be liable for the court costs.

My advice, wear the $220 (it really isn't that much considering our new fee structure here!) and lay off the cruise control, as it will not apply the brakes if the car picks up speed, only cut the throttle.

David Vaughan
Goo Roo
NSW
IS300

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Thursday, September 03, 2009 - 07:38 am, by: David Vaughan (Davidv)

I know of no laws on when and where you may use speed control. Where did you find that, Ben?

You could pay to get the photo, Anika, but if it shows your car at a time you can not prove you were elsewhere, I very much doubt you can do much.

Were you on a hill? Do you what is your speedo error? Neither of these would help with the offence but they might help to inform you.

Incidentally, "expiation"? Is that really what is on the notice?

Peter Burrett
DieHard
ACT
'97 2.5 VVTi ST, '04 IS200, '94 3 ltr Soarer

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Thursday, September 03, 2009 - 08:37 am, by: Peter Burrett (Burrett)

Anika, if you want to contest it, go to Aussie Speeding Fines and join up. They assert that a) any device used to establish speed must be lab certified, and b) that no such devices in Australia are capable of being certified. If you join up ($70, I think) they give you a kit which you use to get the case thrown out..

Bruce Passfield
TryHard
Qld
V8

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Thursday, September 03, 2009 - 08:42 am, by: Bruce Passfield (Bruce)

Anika, even if you did not speed it would cost you much more to fight the offence. It's designed that way. Big brother needs your money and to show it is all powerful and that you are a mere mortal. Fairness and being just does not count, Unless you have mates in the right place or a large pocket full of cash!!

Anika Le
TryHard
SA
TT 1JZ-GTE

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Thursday, September 03, 2009 - 08:45 am, by: Anika Le (Hime1901)

David Vaughan wrote on Thursday, September 03, 2009 - 07:38 am:
Were you on a hill? Do you what is your speedo error? Neither of these would help with the offence but they might help to inform you.

No it was a straight flat road. Unfortunately no, I don't know what my speedo error is but usually I don't speed around that area because I know that there's always parked cars with cameras.