TAS Driving Offence - Incorrect Speeding Summons?

[logan]

Hello. I need some advice on a traffic offence and summons I received in Tasmania. I was riding my motor bike. I can't recall what speed I was doing as I never looked until I looked in my side mirror with a car close to a meter from my rear wheel. Then I looked at my speedo. I was doing 115 km in a 110 zone. I thought my life was in danger so I sped up to around 130km to get into a free car space on the left lane and it was the only option as if i hit my brakes they would of ran over me so i panicked as i moved over they rushed up anougher bikes behind and i thought what a deranged lunatic as it was a forester car no marking on it and plain clothes in side it no lights no sirens either the guy in front on the bike pulled over with the car stopping behind the bike rider i thought look out there's gunna be a scrap but kept going home i got home and a little while later two plain clothes police turned up showed there badge and said 'why didn't you pull over?'.

I didn't understand, but they explained that they where behind me and I knew they were police then they told me that i will have a summons in the mail for speeding. I asked them how fast was I going and the male's answer was around 130 ... 160 I think we put down. I asked for information but they refused to give me any because they didn't have any and that it would all be on the summons.

I then asked then why did they have to go around a metre from my rear tyeare and they said to read my number plate. I said that isn't a good enough reason as if I had to hit the brakes, I would've been dead.

I received my summons from my mother who said a police officer gave it to her saying he could just leave it here if she didn't take it. So she took it. He didn't fill out the section on the summons saying that he gave it to my mother and she didn't sign anything. The police said I was doing 130 in a 110 zone. Its made out to me and has my street on it, but the town was wrong so they crossed it out and wrote the right town on it but didn't sign the mistake. They also didn't change the postcode. What chance would I have if I fight them in court? Can I change the venue to a town that is closer to my town as I don't live where they think I live, which is a 40 to 50 minutes drive away? And if so, what would I have to do?

 

[John R]

Hi Logan,

1. What was the charge/s specifically listed on the summons?
2. Please consider reviewing the Hobart Community Legal Services's guide on Traffic and Parking Offences and the Tasmanian Road Rules section on Offences (page 66).

Please keep the LawAnswers.com.au community updated and ride safe!

 

[logan]

hey john i had to go and see a lawyer and we discussed it more into detail they are trying to pin me for speeding and hooning 2 offences speeding charge is 3 points and $150 fine the hooning charge is 20 penalty points which works out to be over $3000 fine and loss of licence and or jail or both my record is clean as well just one other fine for speeding April last year which i paid cause i was in the wrong that time theese charges are Ludacris they said i was raci,g with the other bike and weaving in and out of traffic also that we where side by side and accelerated hard up to speed around 160kph and also said that they tryed to pull me over with lights and sirens which is all made up it definatly didn't go down like they said which is a great concern that police lie hard and its all a game apparently i thought it was suppose to be justic but i don't know the system... Go the court date change and change location to court closer to me and my lawyer and i pleaded not guilty to both charges as while you are over taking apparenly u may break the speed limit to get passed plus the hooning charge is 100 % bogus. And i would have no worries doing a poly graph test to prove it so now we have an interim hearing date next month and i have to go see my lawyer they might make a deal considering he has no evidence just there word against mine and my record is clean and it has to be as i have fire arms licence and if it goes to trial in guessing ill go and get stat decs from people portraying my driving skill and how they see me drive like a gun shop owner which complimented me one day on my driving skills and ect although i don't know wat an interim hearing. Is yet lawyer don't spend to much time with me .

 

[John R]

Hi Logan,
An interim hearing is generally a court hearing that looks at any issues that need to be decided in the short-term.
For example:

• an update on the evidence that both parties intend to use;
• a negotiated/revised set of offences that the prosecution are looking to proceed with; and/or
• the indicative costs that the prosecution has calculated will be payable if the matter proceeds to a final hearing (e.g. court costs, witness expenses, etc.).

Given your position as a gun shop owner (and the importance of a clean criminal record for your business), you should consider scheduling additional time with your lawyer before the interim hearing date to better understand your position and likely outcomes.

All the best. Please keep us updated with your progress.

 

[logan]

well just got out of court and got a victory kind of well my lawyer pleaded they had no evidence that i was hooning and that all i was doing was overtaking and may have been speeding doing so to which i wasn't aware of speeding and the police realised they had no evidence we were well prepared and they made a deal to drop that and just take the speeding offence 150fine and 3 demerits and court costs of 78 dollars so gota win as i could of lost my licence and bike impounded and a huge fine over 3 k as the police realised we had our s**t together and we found holes in there made up story to which the judge wasn't seeming to like and made it quite clear i also got told to be more carefull whislte driving and keep an eye on the speedo and let it be a warning to me so quite pleased .....