How avoid a speed fine.....

[Chucaro]

Just drive a Lamborghini faster than a police car ;)
Not not you do not pay a fine but you get awarded more than $18,000 in court costs.

Have a look HERE (http://www.abc.net.au/news/stories/2010/11/17/3069317.htm'section=justin)

Now I have to make the Defender go faster :D

[mudmouse]

Well, that Magistrate has **** for brains...

Some kid is going to read that and think, Hmmmm. My R1 will outrun an SS/XR8. Then he'll give it a go, crash, and get dead and.....he's dead.

At least in NSW a prima facie case is extablished when you can show a vehicle has exceeded the speed limit - the penalty only increases with the speed in excess of the limit.

What a load of DUNG!

Matt.

[Chucaro]

I agree with you Matt.
I just wonder which kind of legal implications can have this precedent for future cases.

[mudmouse]

Yeah. I guess we'd have to find out why (on what grounds) the Magistrate dismissed the charge and therefore accepted the application for costs ($18k) to be awarded.

I reckon that if the charges are flawed, then the matter should be dismissed but from what I read, the bloke made admissions to flogging the crap out of the Lambo (he's only human) and such matters are pretty hard to deny having happened....

It seems it was in a Local Court so it doesn't set any legal precedent...it's just a dopey decision.

Ah well.

Matt.

[Tote]

I read a little bit more on this the other day. It seems that the officers involved saw the lambo go past and then chased it. They based their estimation of it's speed on the speed they had to do to catch it. The driver of the Lambo admitted to doing 130 or so but the police insisted he was going faster and then delayed doing anything until a news crew showed up when they then impounded the car and arrested the driver.
Sounds a bit sus to me, the truth probably lies somewhere in between the two stories but it created some uproar as the impounded car was one that the driver was road testing for a customer. Created an interesting situation where the car was impounded under hoon legislation even though the owner of the car had nothing to do with the offence commited.

Regards,
Tote

[richard4u2]

our polies here in the west are the smartest in the country when it comes to makeing laws :mad:

[JDNSW]

I read a little bit more on this the other day. It seems that the officers involved saw the lambo go past and then chased it. They based their estimation of it's speed on the speed they had to do to catch it. The driver of the Lambo admitted to doing 130 or so but the police insisted he was going faster and then delayed doing anything until a news crew showed up when they then impounded the car and arrested the driver.
Sounds a bit sus to me, the truth probably lies somewhere in between the two stories but it created some uproar as the impounded car was one that the driver was road testing for a customer. Created an interesting situation where the car was impounded under hoon legislation even though the owner of the car had nothing to do with the offence commited.

Regards,
Tote

From other reports, the police car's GPS recorder did not support the allegation that they were doing 160 where they said they were. They had no way of measuring the speed of the Lanborgini other than their speedo. Given that the recorder disagreed with the account of the police in this respect, the magistrate probably had little choice but to doubt their statement that they were doing the same speed as the other car rather than trying to catch up with it.

This case does show the flaws in the legislation, although it was probably written that way to block the loophole of having the car owned, for example by a doting parent. It does, however, point out the problems of applying penalties without a trial in all cases.

John

[CraigE]

As said there was no evidence at all apart form a police officer word that the Lambo was doing 160 plus. The guy admitted to 130 (but of course he would not admit to 160 without a radar reading). The police should never have prosecuted this case without evidence, just shows the abuse the anti hoon laws are open to with our police.
The police vehicle GPS did not back up their claims even though it is quite likely he was doing this speed. They would have been better off just charging with dangerous driving.
I thought the Lambos had data loggers in their ECU that could have proved or disproved the speed and time????
Not condoning speed but there does have to be evidence, not estimation.
Was pretty much just a matter of time before someone actually had the money to fight one of these and rightly so the guy was awarded costs. As far as the owner seeking compensation, well I disagree with that and he should be questioning his mechanic about the way they test the cars. Should be done on dyno or test track if speed is required. I think the magistrates findings were correct without any hard evidence, but his comments about being a Top Gear nut were a bit misplaced and irrelevant.

[Ean Austral]

Slightly off topic, but my wife got pulled over last night, in the rain for doing 80 in a 100 zone..The road she was on has minimal street lighting and the cop said he could fine her $80 for not doing the correct speed limit..

Night time, raining, and not well lit road, and he tells he to go faster..

Road Toll..What road toll..


Cheers Ean

[Ace]

The fact that the police car couldnt keep up, they top out at 240 if they get there, should further go towards proving he was driving in a manner dangerous. What a load of ****.

[Ace]

As said there was no evidence at all apart form a police officer word that the Lambo was doing 160 plus. The guy admitted to 130 (but of course he would not admit to 160 without a radar reading). The police should never have prosecuted this case without evidence, just shows the abuse the anti hoon laws are open to with our police.
The police vehicle GPS did not back up their claims even though it is quite likely he was doing this speed. They would have been better off just charging with dangerous driving.
I thought the Lambos had data loggers in their ECU that could have proved or disproved the speed and time????
Not condoning speed but there does have to be evidence, not estimation.
Was pretty much just a matter of time before someone actually had the money to fight one of these and rightly so the guy was awarded costs. As far as the owner seeking compensation, well I disagree with that and he should be questioning his mechanic about the way they test the cars. Should be done on dyno or test track if speed is required. I think the magistrates findings were correct without any hard evidence, but his comments about being a Top Gear nut were a bit misplaced and irrelevant.

This is true Craig, but Highway patrol officers must estimate a vehicles speed before the release radar or speed detection devices. The radar etc is there to back up the officers observations, not the other way around. I wouldnt be confident in estimating a cars speed, but highway patrol officers do it on a regular basis so are classed as experts in the field.

The comment from the judge about the Police car not being able to go as fast as a lamborghini is true, but a police car can do 160km/h so where is the issue?

[VladTepes]

Just drive a Lamborghini faster than a police car ;)
Not not you do not pay a fine but you get awarded more than $18,000 in court costs.

Have a look HERE (http://www.abc.net.au/news/stories/2010/11/17/3069317.htm'section=justin)

Now I have to make the Defender go faster :D

If I was the owner of teh Ferrari I;pd be charging the mechanic or his employer a daily rental rate for the days the vehicle was impounded.

[solmanic]

Slightly off topic, but my wife got pulled over last night, in the rain for doing 80 in a 100 zone..The road she was on has minimal street lighting and the cop said he could fine her $80 for not doing the correct speed limit..

Night time, raining, and not well lit road, and he tells he to go faster..

WTF?!? That cop needs his head read. It's a speed limit, not a target or even a speed advisory. The only roads with enforced minimum speeds I know of are in Europe.

...technically she was doing "the correct speed limit". Anything under 100km/h would comply with that bonehead statement. What a goose!

[Hoges]

Slightly off topic, but my wife got pulled over last night, in the rain for doing 80 in a 100 zone..The road she was on has minimal street lighting and the cop said he could fine her $80 for not doing the correct speed limit..

Night time, raining, and not well lit road, and he tells he to go faster..

Road Toll..What road toll..


Cheers Ean

It would get thrown out of court...she ought be applauded...the copper is obviously full of himself ...is she sure he was a real cop?:eek:!!!

[Ean Austral]

It would get thrown out of court...she ought be applauded...the copper is obviously full of himself ...is she sure he was a real cop?:eek:!!!

No doubt about it, shame she didnt grab his details as I know 1 of the cops in charge of road safety in Darwin, im sure he would enjoy hearing of it..
She said he came speeding up behind her and she thought it was someone hooning in the wet..as she had our daughter with her she was just about to say look at this idiot when the lights came on..

Its a shame as most cops are good people doing a hard and un-rewarding job a tosser like that just brings the whole lot down a level..

Cheers Ean

[Ace]

WTF?!? That cop needs his head read. It's a speed limit, not a target or even a speed advisory. The only roads with enforced minimum speeds I know of are in Europe.

...technically she was doing "the correct speed limit". Anything under 100km/h would comply with that bonehead statement. What a goose!

She was driving to the conditions, something more people should do. Some people can over do it though, this doesnt sound like one of those case though.

[richard4u2]

If I was the owner of teh Ferrari I;pd be charging the mechanic or his employer a daily rental rate for the days the vehicle was impounded.
i disagree , by law you are innocent until proven guilty , the court has proven the ferrari innocent so the owner of the ferrari is entitled to be reimbursed all cost

[ATH]

I believe the owner who is a Doctor was complaining at the beginning that this would make visiting his elderly patients difficult. :D
Must be the only one does his rounds in a yellow Lamborghini. (not Ferrari)
Apparently the cops also damaged the vehicle attempting to remove the computer to have it analysed and if they did, why didn't they present the evidence from this?
This was just another traffic cop beat up to show what a great job they do and I reckon the Doc and the mechanic deserve to be reimbursed all their costs.
Happy motoring in the West.
Alan.

[frantic]

Several years back a high profile business/ent./public figure appealed and was let off for speeding in ,from memory his bently ,on the freeway to canberra because "it was built to go much faster than the speed limits" was the judges quote. That has stuck in my head as the most prominent example of money and conections giving exemption from laws us "commoners" have to follow.
I'm sorry but a 1.6ton WRX Sti:twisted: is much more "safe", better handling and manoverable at 160kph than a lard arse 2.5ton bently! And it leaves a smaller crater if things do go wrong:D

[lardy]

God bless stupidity.
Surely it would be sufficient to indicate he sped away from officers doing xxxkph and thus he was speeding

[Chucaro]

Several years back a high profile business/ent./public figure appealed and was let off for speeding in ,from memory his bently ,on the freeway to canberra because "it was built to go much faster than the speed limits" was the judges quote. That has stuck in my head as the most prominent example of money and conections giving exemption from laws us "commoners" have to follow.
I'm sorry but a 1.6ton WRX Sti:twisted: is much more "safe", better handling and manoverable at 160kph than a lard arse 2.5ton bently! And it leaves a smaller crater if things do go wrong:D

I remember that case and after he was making jokes about it on radio :mad:
Few days later he was having a cup in a well known coffee shop in Sydney CBD with a radio personality friend complaining that the Bentley bough a bad luck to him.
His friend bought the car for several thousand dollars (alleged $600.000) on the spot just to help :mad:
Arrogant bastards rich people that just because can pay one or two QC to look after them they make fun about our law :mad:

[pfillery]

Slightly off topic, but my wife got pulled over last night, in the rain for doing 80 in a 100 zone..The road she was on has minimal street lighting and the cop said he could fine her $80 for not doing the correct speed limit..

Night time, raining, and not well lit road, and he tells he to go faster..

Road Toll..What road toll..


Cheers Ean

As far as I know this should only apply in the overtaking lane - thats another archaic law - if I'm doing 100 in a 100 zone I should be able to go in whatever lane I want and if people want to pass me thats their bad luck and they can overtake. But thats beside the point - you have the right to travel according to the road conditions and weather conditions at the time. So if your wife felt 80 was safer, the cops can't dispute that. I drive my series 3 on the highway and usually sit at 80, I'm not in a hurry to get anywhere, it just sometimes beats the stop start of going the back way, I sit in the left lane, people pass me and get on with their day and I'd defy a cop to pin a charge of not speeding on me.

As a side note, got flashed by a speed camera doing 80 on the aforementioned highway last week, obviously it was picking up one of the vehicles beside me who was passing, but it begs the question - would the defence that no sane person drives a series 3 lwb in excess of 100km/h stand up in court?

Interesting one to think over.....

[cucinadio]

Slightly off topic, but my wife got pulled over last night, in the rain for doing 80 in a 100 zone..The road she was on has minimal street lighting and the cop said he could fine her $80 for not doing the correct speed limit..

Night time, raining, and not well lit road, and he tells he to go faster..

Road Toll..What road toll..


Cheers Ean

where was she Ean?, dont have that problem out past 11mile???..:D