NSW Speeding Fines - Can We Fight It Under Traffic Law?

[Nancy.N]

Hi,

My son was issued a speeding fine last night for going 86 in a 60 zone. He is on a P1 licence and rides a motorbike. The police car had followed him since he left work and he was aware they were there and was not speeding. They 'stalked' him for close to 10 minutes. After he came down off a bridge, stopped at a red light, then proceeded when the light changed green, they put on their lights for him to pull over. They showed him a radar reading showing 86. He firmly believes he did not speed and has been issued with a $446 fine.

Is there anyway to fight this under Traffic Law, as he is probably going to lose drivers his licence and won't be able to get to work?

 

[Sophea]

Hi Nancy.N,

If he firmly believes that he was not going over 60, then he can elect to go to court to fight the fine. If he does so it may be possible to subpoena the service records of the radar machine used to record his speed to determine whether or not it was inaccurate.

His other alternative is simply cop the fine and the demerit points and appeal any suspension on the basis that he requires his license for work. The court has the power to reduce or remove the suspension. It will take into account:

• The circumstances of the offence
• Your son's traffic record/character
• Your son's need for a licence