QLD Defective Infringement Notice - speeding

[Troy2000]

Hi all,

Hopefully this is a straight forward question.

I got pulled over on the M1 and was told i was speeding.

I denied that i was.

I was breathalyzed and passed.

It was 9.30am weekday so lots of traffic and hard to be speeding... especially 13km's over limit.

I got given a ticket ($266 fine) but in the section on the ticket that has the details of the speed and the maximum allowed - it is blank.

So i dont know what speed it is alledged that i was doing. It only has in section higher on ticket code '2500' and written 'speeding'.

Q. What should I do?
1. Pay fine.
2. Write to police and ask for them to withdraw ticket.
3. Contest in Court?

Thank you for any advice.
Troy2000

 

[Rob Legat - SBPL]

First, the code means: "Exceed speed limit in speed zone by at least 13km/h but not more than 20km/h". Old amounts, but current codes: https://www.police.qld.gov.au/rti/disclog/2015/Documents/RTI-15193.pdf

The blanks on the ticket mean nothing.

If you were speeding, pay the fine and get on with things. I note you didn't actually say you weren't speeding - just that it was hard to be speeding and you denied it. I travel the M1 daily in all sorts of traffic. Unless it's jammed, there's almost always scope to be travelling over the limit and people that are.

You're not going to get it withdrawn. If you take it to court then it's likely that the police officer's evidence will be taken as correct, you'll pay court costs, and your fine will be increased.

The fine amounts given on infringement notices are not the maximum. Under the Transport Operations (Road Use Management - Road Rules) Regulation 2009, the maximum penalty for failing to obey the speed limit is 40 penalty units - which currently equates to $5,338.00. This is not dependent on the amount by which you exceed it. The court can potentially penalise you up to the maximum amount, but this is highly unlikely. What is entirely likely is that your $266 gets at least doubled or tripled.

 

[Troy2000]

First, the code means: "Exceed speed limit in speed zone by at least 13km/h but not more than 20km/h". Old amounts, but current codes: https://www.police.qld.gov.au/rti/disclog/2015/Documents/RTI-15193.pdf

The blanks on the ticket mean nothing.

If you were speeding, pay the fine and get on with things. I note you didn't actually say you weren't speeding - just that it was hard to be speeding and you denied it. I travel the M1 daily in all sorts of traffic. Unless it's jammed, there's almost always scope to be travelling over the limit and people that are.

You're not going to get it withdrawn. If you take it to court then it's likely that the police officer's evidence will be taken as correct, you'll pay court costs, and your fine will be increased.

The fine amounts given on infringement notices are not the maximum. Under the Transport Operations (Road Use Management - Road Rules) Regulation 2009, the maximum penalty for failing to obey the speed limit is 40 penalty units - which currently equates to $5,338.00. This is not dependent on the amount by which you exceed it. The court can potentially penalise you up to the maximum amount, but this is highly unlikely. What is entirely likely is that your $266 gets at least doubled or tripled.

Hi Rob,

Thank you for responding and your detailed answer.
I kind of suspected as much but thought maybe a chance that those details being omitted may have resulted in ticket being invalid and thrown out. Bit of wishful thinking.
I'll take the hit and pay up.

Thanks again.

 

[Ozwarlock67]

Did the cop show you a radar gun reading or any evidence to back up his claim?

 

[Troy2000]

No they didn't.

 

[Ozwarlock67]

No they didn't.

If he didn't....and you are adamant you weren't, you might want to question it.

Just my opinion as I certainly would in your shoes.

 

[Troy2000]

Yeah seems considering in the circumstances i agree.
Other than the ticket saying speeding and the fine amount... i don't actually know what speed it's alleged i was doing.
I.e. was it 113km in a 100km zone or 123km in a 110 zone or 129km etc.

You'd think it's 1 detail they have to tell you.

Cheers

 

[Ozwarlock67]

Your call now. Let us know how you get on.