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What to do if you are stopped for speeding in NSW

Suppose that on a clear, sunny day, you are driving or riding a horse in New South Wales when you are stopped by the police. The officer advises you that you were speeding, which may (or may not) surprise you.

The first thing to note is that if it is a Highway Patrol vehicle, the conversation will be recorded – both audio and video. Even if it’s not a Highway Patrol vehicle, the officer will note reactions you may have taken beyond potential bodycam footage.

People often worry and say things. Sometimes it’s safer not to admit anything, especially if you don’t have all the facts – and it’s best not to admit it, as doing so can seriously compromise your defenses. your.

For example, where exactly did they say they observed you speeding and how do they rate your speed? It’s possible that your alleged speeding case was not where you were stopped by the police, and you may not have been speeding by the time they said you were speeding.

You usually don’t know all the events on the side of the road, so why step on a potential landmine?

How police officers judge speed

In general, there are four methods by which police officers assess speed (currently excluding fixed and mobile speed cameras), listed here in descending order of accuracy:

  1. LiDAR, which beams a laser and is aimed at a specific target by an officer is said to be
  2. In-car radar attached to police cars works by Doppler beam
  3. Speed ​​test, is the police follow you and gauge your speed using their speedometer, basically showing their speed and maybe not yours.
  4. An estimate by the police officer, based on the evidence the officer will present, that in their view you are moving at a certain speed. There is no objective measurement of your speed in this case.

Often the police will use one of the first three methods in conjunction with their estimate.

Some things to consider on the curb

If a person is sober, he or she should ask the particular officer where you are alleged to have speeded and how they rate your speed.

It is to your advantage if you take pictures with your phone of the place where the incident happened and, if you have satellite or phone navigation capabilities, accurate latitude and longitude.

It is often difficult, especially on country roads, to pinpoint the exact location weeks later when you meet with a lawyer and decide you want to challenge the charge.

If the officer stands still when they allege that they observe you speeding, try and observe from that vantage point the officer’s view of your approaching vehicle and the important distance. maximum observation they can have when they first look at your vehicle.

Again, take a photo from that vantage point. Pay attention to anything that might obstruct an officer’s view of your vehicle.

Also, try to assess the following from when the police first observed you:

  1. The maximum viewing distance an officer has from where they are standing or where their vehicle is parked
  2. The maximum distance you traveled when they completed their test. The distance they can have from observing you and performing their test is relevant depending on the supposed speed and, accordingly, the available time they have to perform their test. Distance will also allow to calculate distance over time and therefore potential speed

Usually, we approximate the end of the test from when they step out into the street or when they turn on the lights if facing you or if you are shown speed and distance on the LiDAR.

If they’re mobile, we use them when they turn on their lights when they’re approaching, or worst, the intersection; the point at which they pass you and they will no longer return from your vehicle.

In the next post, I will cover in more detail the speed test, estimate and in-car video test regarding speeding charges.

The article is written for your information and preferences only and is based solely on the laws of New South Wales. It is not intended to be comprehensive, does not constitute and should not be relied upon as legal advice.

Please note that every case is different and the issues I am raising may not be specifically relevant to your situation, but may have general application and you must seek specific advice tailored to your situation. his circumstances. I’m also happy to talk to anyone on the phone with questions or clarifications.

To get in touch with Chris, see His company’s website is here.


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