OZschwitz: How to beat a traffic fine

Subject: OZschwitz: How to beat a traffic fine Thu Sep 30, 2010 3:58 am

Former prime minister Paul Keating managed it this week.

A Cairns truck-driver was less lucky, finding himself $10,000 out of pocket after challenging his speeding ticket in court.

So how does a wronged driver beat a traffic fine?

Criminal defence lawyer Tim Meehan said there is a specific course of action motorists should take if they think they have been wrongfully issued with a traffic infringement by police.

Mr Meehan said the only information motorists were legally required to give police when they were pulled over were their name, address and licence details.

“If they say to you 'do you know the speed limit?' you don't have to tell them. If they ask you why [you think] they pulled you over, you don't have to reply,” he said.

Mr Meehan said that there were a number of defences drivers could use.

“There's the defence of extraordinary emergency in a life-threatening situation; you are under duress in the extent you need to drive,” he said.

“There could be a mistake of fact, such as inconsistent signage where there used to be a speed limit sign, but the sign had been obscured or removed.”

Mr Meehan said timing was important when providing a defence and advised motorists to complete a statutory declaration with an accurate recount of what, where and to whom the incident occurred as soon as possible.

“The time when that is done is critical, because you don't want a magistrate to suggest it's a recent invention and you made the notes to avoid the charge rather than it be a true and accurate account,” he said.

Scott Cooper describes himself as a "speeding fine consultant" and claims to have successfully challenged all radar speed detection devices used by police in court.

Mr Cooper said being pulled over did not necessarily mean a motorist had done anything wrong.

“Lots of people have to remember when they're pulled over by police there are allegations brought against them, but nothing's been proved and they should respond accordingly,” he said.

Mr Cooper said that the best defence was something far more direct.

“My answer [to police] is simply, 'officer, I was not speeding',” he said.

However, Mr Cooper said not everybody's cases had sufficient evidence to successfully be fought in court.

“Eighty per cent of the time people's cases aren't defendable,” he said.

Mr Keating said on Tuesday it was “important that ordinary people in the community, having received an infringement notice for an offence they didn't commit, basically understand that the system is not loaded against them”.

Mr Meehan echoed the former PM's sentiments and said motorists should not be afraid to challenge a ticket if they're confident they didn't do anything wrong.

“The worst thing that can happen if you challenge the ticket is to pay the summons: the cost of court and ... your fine,” Mr Meehan said.

A police spokeswoman said infringement notices issued to motorists outlined the legal options available to them.

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OZschwitz: How to beat a traffic fine

OZschwitz: How to beat a traffic fine

Anarcho-Capitalist Categorical Imperatives

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