How to fight a speeding ticket in Australia and New Zealand

Disclaimer; The information contained in this article should not be construed or relied upon as official legal advice and is the information investigated only. opinion of the author and the author makes no warranty as to its accuracy or accepts responsibility for the results associated with its use.

Almost every New Zealand or Australian driver will inadvertently break the speed limit at some point in their driving career. You are usually only a few miles over the speed limit due to inattentiveness or an inaccurate speed odometer. However, according to the transport authorities, this behavior is considered reckless, dangerous and with the possibility of causing an accident. (We’ve all heard his mantra that speed kills.)

But what is the real association between speeding and crashing? In highly populated countries like Germany, where they have an open speed limit on their motorways, if the mantra were true, there would be a lot of deaths, but this is not the case.

In Melbourne, where the speed tolerance is stricter (just a few kilometers over the posted speed), they have more accidents per capita than the other Australian states that have a higher speed limit tolerance.

An experienced investigator from the New Zealand Serious Accidents Unit recently published that he believed the main cause of car accidents in New Zealand was fatigue, NOT speed, and that speed was incorrectly attributed by the police as the cause of the accident. accident in many cases.

Despite this, the police continually attack motorists traveling even slightly over the speed limit and issue tickets whenever possible, even if your speedometer isn’t accurate enough to make sure you’re not speeding. Because? Could it be that they rake in millions (or in Australia billions) of dollars in revenue every year? I mean, at the end of the day, if you were driving on a main road and you drove 10-15 km over the posted speed limit and reached your destination, who has it affected?

If Europeans can drive safely at 180 km/h on German motorways, why can’t sensible drivers drive safely at 112-120 km/h, especially on our motorways when traffic conditions allow?

The best advice I ever heard from a government agency was ‘Drive according to the conditions, and when they change, slow down.‘. Now that is sensible advice. On a dry day, with little traffic on a paved road, conditions allow drivers to safely exceed the speed limit without causing any problems. However, we are punished and finished for trying to do so.

As a paramedic I have been in many car accidents over the years, some of them very serious. I must say that it seemed to me that few of the accidents were caused by speed. Rather, inattention, not reading the road ahead, not driving according to conditions, or plain stupidity were by far the biggest causes.

However, we continually feed the propaganda that it is speed that causes accidents. I think the reality is that they are trying to justify the huge revenue collection system they have created by giving us this false message.

After realizing that the system cares more about collecting revenue than road safety, I began trying to understand how the legislation allows them to extract our hard-earned money so easily. What I discovered shocked me and shocked me.

The system is mainly based on the fact that they know all the rules and the legal system and that we are largely ignorant of our rights or how their system works. This is important because we actually have very powerful rights that, when properly exercised, can get us out of your pleadings.

Did you know that the Traffic Police are actually trained to try to trick us into admitting guilt on the side of the road when stopped? They’ll say something like, “do you know why I stopped you?” or “Was there a reason you were speeding?” If we admit that we might have gone a little too fast, it’s recorded as a guilty plea and will be used against us in court if necessary. So it’s important not to admit fault by responding that you have no idea why you were pulled over or if they asked you why you were speeding, simply say “Was that me?” or “I really don’t think it was.”

Very few people realize that under current New Zealand and Australian law any pre-conviction fine or forfeiture is void and illegal. That means the speeding ticket you received or sent is illegal and void (according to their rules).

Furthermore, the law states that you are innocent until proven guilty and the burden of proof falls entirely on them to prove that you actually violated one of his statutes and not on you to prove that you are innocent.

However, you must act on their allegations and remind them of this if you want to take advantage of your rights. Staying silent, which most people probably do, gives them all the power because in the legal world silence is consent.

If you take a look at the wording of a speeding ticket, you will see that it is, in fact, just a allegation that you did something wrong. They don’t provide any evidence or proof to support the claim (which I was expediting) and just expect you to pay it. They even give you 28 days to respond and deal with the fine, but most people just give up and pay the fine.

But you don’t have to!

you have rights and There is a way to legally challenge their allegations and have the charges dropped or found not guilty and acquitted by a judge. Best of all, there is no need to pay for a lawyer! You can try following these steps:

1. Never admit responsibility on the side of the road (see above) when stopped and politely ask the officer if they are a public servant. Also ask for identification that includes your badge and business card (people DO pose as police officers). Ask them what capacity they are acting in (should be as a Land Transportation Law Enforcement Officer or similar) and what assumption they are relying on to gain jurisdiction over you. Write down their answers.

2. Tell the officer that you are simply exercising your inalienable right to travel the Queens highways in your boat as a man/woman of the land (don’t use the word drive or because they are business terms) and ask him to record it.

3. If they ask for your license, tell them you have one and feel free to show it if you want, but be sure to mention that you weren’t trading with it at the time (see 2) and ask them to record it. this. Also mention that you are not a public servant (unless you are acting in that capacity at the time) or performing any government function but rather a free man/woman and not a fictional creation or some name on a government-issued ID government card.

4. Ask him for proof of his allegation that you were speeding, what law you allegedly broke, and how that law applies to you if you are not a public servant. If he shows you a radar reading, ask him how he knows it’s related to your vessel (it doesn’t record license plates and could have been there all day). Ask him who was harmed.

5. Ask him if you are under arrest or not. But you are legally allowed to drive since the police don’t have general powers to detain you for questioning (this has been determined by the courts). You can ask the officer if he is legally required to stay on the side of the road while he writes a ticket. The answer is no, so you can legally leave.

6. If the officer gives you a ticket (and he will!), then decline the offer to take it away. You can simply ask if he is legally required to take the ticket. The answer is no! It is likely that they will publish it to you.

7. As soon as you receive the ticket in the mail (or if you accepted the ticket) write to the authority and tell them that you have received a complaint from them addressed to you so you want to clarify a few things:

a) Ask them for proof of their allegation through an affidavit of their allegation (claim) against you. (remember they only claim you did something wrong and you just want proof of that).

b) Request a certified copy of the victim’s complaint

c) Request a certified copy of the training record showing that the officer had the necessary training to use any speed detection device that was used to offset the charge (if the officer has not received training, the charge will be dropped).

d) State an assertion that you were using your inalienable right to travel the highways of Queens uninterrupted as a man/woman of the land and not acting as an agent of the government or performing any crown function or acting under your license issued by the government at the time of the alleged violation and that you told the compliance officer this at the time

e) ask them for proof of how any statute they claim you have violated applies to you in the first place since it was made by the crown which is a corporation and you are not a member of that corporation (public servant)

f) Tell them that if they believe you were acting under your driver’s license or acting as an agent of the crown or performing any government function, they must provide you with written proof of this.

8. Ask them how they can send you a fine when the Bill of Rights Act (in NZ) or the Imperial Law Enforcement Act (in Aus) clearly states that all pre-conviction fines or forfeitures are illegal and void.

9. Ask them if this is a business transaction and offer to hire and if you don’t want to contract with them.

10. Give them 14 days to respond to your demands. You won’t be able to answer most of them. They will send some garbage instead. Write again asking for the information and give them another 10 days. When they do not respond, send another letter titled Notice of Violation and explain that since they have not provided the information you requested, they accept your claim that you were not acting under your driver’s license at the time of the alleged violation and therefore , did not have jurisdiction over you at the time (silence is consent) and that the charge is unlawful and void.

11. If they still insist on trying to enforce this charge against you, choose to have the matter heard by a court. Write to the court and file the correspondence you have sent to the Police and ask that this matter be dismissed due to lack of jurisdiction.

12. If you have no luck with any of this and want to appear in court, file the correspondence with the court before your appearance and tell the judge that you are here on this matter and that you already have an agreement between the parties that you were not “driving”. under his license and that he would like the case to be dismissed for lack of material (the injured party has not filed a complaint either) and if the judge dismisses the case he asks that the expenses be granted.

If you want to try a different method that has been very successful or read more about how to do it, follow the tips here.

You have rights and it is up to them to prove their claim beyond a reasonable doubt and not up to you to prove you were innocent. The worst that can happen is that you end up paying the fine (and possibly some court costs), so give it a try and stand up for your rights.

Please note: If you have caused damage as a result of an accident due to speeding, this method will not help you!