NSW Traffic Infringement Notice for Speeding - Appear in NSW Court?

[Br_brilliant]

Hi,

I was traveling through NSW (I'm from Qld) and was pulled over by the police. He asked me if I knew I was going through a 60 zone. I responded with a "yes". The cop said I was doing 94kmh which I don't believe I was.

I was not shown the radar gun so I went to have a look as he was writing the ticket. The radar gun said 76kmh at which point I asked him how I was being fined at 94kmh to which he replied in an rude tone "it doesn't matter what it says on the gun".

I never admitted to going that fast and truly don't believe that was the fact. Do I have reasonable grounds to contest this traffic infringement notice as it will be causing me to lose my licence having major impact on my business?

As mentioned I live in Qld on the Sunshine Coast. Am I right in thinking I will have to go to a traffic law court in NSW? If so can I choose the location?

Thanks in advance

 

[Tim W]

Appear in a NSW Court?
Yes.

Choose to have it heard in Queensland?
No.

 

[Ozwarlock67]

It DOES matter what it says on the gun and he is out of order. If you object, you may be able to get the case dismissed.

 

[Piers Blomfield]

To challenge the reading on the gun you will need to have an expert give evidence regarding it's calibration and if it was deficient. You can take the matter to a hearing but you will only receive the evidence on the day. These can be notoriously expensive matters to defend if the police have not made any errors on their end.

 

[Tim W]

To challenge the reading on the gun you will need to have an expert give evidence regarding it's calibration and if it was deficient. You can take the matter to a hearing but you will only receive the evidence on the day. These can be notoriously expensive matters to defend if the police have not made any errors on their end.

Agreed.
And you may find that the court imposed penalty and costs is greater then the amount of the initial fine.
Let's also be clear about one thing - no matter how much you "truly don't believe", your opinion is not evidence.

 

[Br_brilliant]

thanks for the feedback.

I am not challenging the calibration of the radar gun, im challenging the fact that he said i was doing 94kmh when his radar gun clearly said 76kmh.. or am i missing something?

cheers

 

[Tim W]

thanks for the feedback.

I am not challenging the calibration of the radar gun, im challenging the fact that he said i was doing 94kmh when his radar gun clearly said 76kmh.. or am i missing something?

cheers

What then is your evidence of what the camera showed?

 

[Br_brilliant]

I have a recording of him saying he does not care what the gun said it's what he says

 

[Br_brilliant]

And and if they (the court) were to listen to the officers recordings it would show him agreeing that the gun said 76kmh

 

[Rob Legat - SBPL]

This may not apply in NSW, so take the following with a grain of salt.

You may want to consider the actual charge against you. I'm not sure about NSW, but a charge for speeding can simply be "driving in excess of the posted speed limit". The infringement notice the police give you is simply their allegation of what you were doing. If you pay it, that's your admission that you did what they allege. Otherwise, you have the right to go to court and argue it out.

What many people don't realise is that the fine on the notice is not the fine under the law. As @Tim W said above, the court penalty could be much greater. For example, the current maximum fine for speeding in Queensland is $4876 (and probably about to go up in 1 July).