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Mounfield Racing
Post #71
QUOTE (70NKY @ Aug 23 2010, 06:00 PM)  I would have thought that went without saying. As an operator of said instrument, I wouldn't be very happy seeing an officer doing lidar and shooting up a hill. That said though, it doesn't say you CAN'T necessarily conduct speed enforcement in that sort of area, but documentation is required to give you a bit of credibility... I if was you, I would be taking a lot of notice of xxxxgold. He has some sort of interest in this area and has given you his advice. Take your comment on board, xxxxgold makes perfect sense and although I have no idea who he/she is I RESPECT THEIR OPINION. . However my personal experience is a little different to that being discussed in regard to the accuracy / effectiveness of a hand held unit. As all will appreciate I have not out lined the entire story in an open forum for the obvious reasons. If my request to have the ticket waved is denied and it goes to Court, we will then lay all cards on the table and await the out come. If that fails, rather than accepting an unfair verdict of guilt based, on solely an Officers bull shit story and unrealistic accusation, we will go to a higher level. |
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23rd August 2010 - 07:47 PM
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xxxxgold
Post #72
QUOTE (Mounfield Racing @ Aug 23 2010, 07:47 PM) If my request to have the ticket waved is denied and it goes to Court, we will then lay all cards on the table and await the out come. If that fails, rather than accepting an unfair verdict of guilt based, on solely an Officers bull shit story and unrealistic accusation, we will go to a higher level. While this is your right, i'd caution you that appeals of this nature can take many years. Could you stick it out, given that (in my opinion) your case is far from strong? You may think i'm exaggerating, but take my word for it, appeals taken to the highest 'level' can cost hundreds of thousands of dollars and given that Legal Aid will not fund your case, it will be money that will have to come out of your own pocket. Even if you are successful, there are limits in place in regards to costs that may be awarded to you. Is it worth potentially years of hassle and astronomical legal bills which may not be recovered in full even if you are ultimately successful? Only you can answer that question, but it's easy to talk a big game, just be aware of the potential consequences before you get yourself in too deep. |
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Marcus581
Post #73
QUOTE (khubner @ Aug 12 2010, 10:26 AM) so you'd rather the cop fire a paint ball at you car and deface your vehicle to prove you were the one they want. no thanks i do think they should have a sort of digital camera built in speed locked tempory photo of vehicle. you forget that the police are not under any obbligation to even show you the gun with your accused speed. yes they are,, and the last 3 fines and calibration date if requested |
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xxxxgold
Post #74
QUOTE (Marcus581 @ Aug 23 2010, 09:13 PM) yes they are,, and the last 3 fines and calibration date if requested TwinCam will love me saying this, but khubner is correct. Police are under no obligation whatsoever to show you the reading, most do as a courtesy, but they are no required to by law. |
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Mounfield Racing
Post #77
QUOTE (xxxxgold @ Aug 23 2010, 08:36 PM) While this is your right, i'd caution you that appeals of this nature can take many years. Could you stick it out, given that (in my opinion) your case is far from strong? You may think i'm exaggerating, but take my word for it, appeals taken to the highest 'level' can cost hundreds of thousands of dollars and given that Legal Aid will not fund your case, it will be money that will have to come out of your own pocket. Even if you are successful, there are limits in place in regards to costs that may be awarded to you. Is it worth potentially years of hassle and astronomical legal bills which may not be recovered in full even if you are ultimately successful? Only you can answer that question, but it's easy to talk a big game, just be aware of the potential consequences before you get yourself in too deep. I don't expect this to be an easy road it would be much easier to say Stuff It and pay the fine. However, I like many others realise every time you drive you are likely to be screwed in the butt by a few Officers that get off on the knowledge that speeding or allegedly speeding is the only criminal activity that gives them the opportunity to charge people with absolutely no evidence and have total control being the upholder of the law, judge and executioner. Must be a wonderful feeling knowing logic and facts can be disregarded and unless you have a priest, Senior Police Officer or the Governor General as passenger at the time you were stopped, your going to get screwed. Still honesty and a fair deal is worth fighting for, and worth far more to me than the time and money involved. |
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