Should I go to court over speeding fine? NSW

Lneg on 26/01/2017 - 19:48
Last edited 03/02/2017 - 20:11

Got speeding fine. The reason for ticket was speeding under 10 km/h at 60 zone(73km/h).Checked the camera picture, and find out I was turning into right. Please check the pictures, my vehicle is "B"
https://files.ozbargain.com.au/upload/208304/46035/pic1.jpg
https://files.ozbargain.com.au/upload/208304/46036/pic2.jpg

Argument 1. I did write for a review to SDRO, and told them that it's impossible to turn right while doing 73km/h.
They replied that penalty stands, meaning I still have to pay the fine. But on the letter explains speed camera senses every single lane, every single cars speed.

Argument 2. After I got reply from SDRO, checked picture again, and find out that there is more information on top left corner of the picture. And it says "..lane:1..". I thought it means offender is on lane 1. Called them directly, and explained that I was on the lane 3. Operator says "Oh yes, I see that, can I put you on hold", then I thought, everything is ok, It's clear that it wasn't my vehicle doing speeding after all. And he comes back says penalty still stands, I asked "Why"?, He says "you need to go to court, there is only 1 review, and they've done it". I said "but you can see that it wasn't my vehicle?, it says lane 1", He goes "I DON'T KNOW WHICH IS LANE 1, AND WHAT THIS MEANS FOR THE CAMERA". I was shocked, and don't know what to do.

Option 1. Go to court, and take the day off from my work, no earning for that day, and fight for the $114 fine.
Option 2. Pay the fine, and move on.

Question 1. What is lane 1?
Question 2. Should I go to court, how successful am I?
Question 3. Is there any way to fight without going to court?

Thank you.

UPDATE.
Good news, they said the penalty notice issued to the incorrect registration.
We've done it OzBargain community. Thank you everyone for read, voted, commented and consulted. Because of you I did send second review online, and called them a day after just to make sure they received it, and make sure they would actually review it. After 2 days from my call I received email saying penalty sent to wrong registration number.

Poll Options

  • 8
    Pay the fine, and move on, there is no chance for you.
  • 454
    Go to court, you have a good chance
  • 12
    Go to court, and good luck
  • 2
    There is other way
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Comments

      • Munki on 30/01/2017 - 15:47
        +1

        Mate, what kind of angle would he have to be to achieve the position in pic2, if he came from the left-most lane? That's a retarded theory.

        • [Deactivated] on 30/01/2017 - 16:58
          -4

          Not sure what you're calling pic1 and pic2, because they filenames don't correspond to the timestamps.

          The picture timestamped at 9:53:12.688 (pic2.jpg) could easily get into that position, if he started changing lanes in the bottom right corner.

          The delta between pic1 and pic2 doesn't necessarily mean that the OP was doing 73km/h between those two frames. The offence could've occurred further back, where the speed sensor is located.

          Lots of this stuff would require in-depth knowledge in the workings on these cameras and their calibration. I find it hard to believe that the camera (which has been in operation for 20+ years) got it so wrong.

        • tomsco on 30/01/2017 - 17:55
          +1

          @sp00ker:

          1. For the OP to be doing 73km/h would still have required a massive skid to get to that point and not be speeding.

          2. The speed camera will be at the lights. So the only time it will pick up the OP speeding is just before they enter the intersection. As per point 1, the images do not correspond with this.

          3. You will see there is a car still behind the OP and another car heading in the opposite direction. This alone makes it clear that the OP was sitting in the intersection waiting for it to clear.

          There is no way Car C could be in the same position across both photos unless the OP was flying around the corner. Once again, this would suggest skid marks and smoke, none of which are apparent.

          It is clear the SDRO has made an error, whether it was a computer or human processing it, we do not know. If you continue to insist the SDRO are unable to make an error, you are just being obtuse.

      • tomsco on 30/01/2017 - 15:51

        Looking at the time stamps and the distance covered, how do you think the computer did not get it wrong?

        • [Deactivated] on 30/01/2017 - 16:59
          -3

          See comment above. The distance covered in pic1 and pic2 doesn't necessarily mean the OP was doing 73km/h at those points. The offence could've occurred further back where the speed sensor is.

    • neg on 03/02/2017 - 20:29

      Good news, they said the penalty notice issued to the incorrect registration.
      We've done it OzBargain community. Thank you everyone for read, voted, commented and consulted. Because of you I did send second review online, and called them a day after just to make sure they received it, and make sure they would actually review it. After 2 days from my call I received email saying penalty sent to wrong registration number.

  • Oz-Bogan on 30/01/2017 - 12:32

    Even in this day and age I doubt even number plate recognition technology would be advanced enough to automatically issue a speeding fine based on a photo alone, i.e. with no human intervention. Or even allowed!

    It appears that the person interpreting the images has got it wrong and sent the fine to the wrong driver.

    Highly likely the lane numbers have been confused with the incident number on the photo (as already stated).

    As proven time and time again these stuff ups occur as a result of a chain of errors, not a single one.

    • [Deactivated] on 30/01/2017 - 15:35

      Even in this day and age I doubt even number plate recognition technology would be advanced enough to automatically issue a speeding fine based on a photo alone, i.e. with no human intervention.

      Why do you say that? I'm pretty sure fully automated fines (for speeding/redlight) have been around for years. I think they only get reviewed by a human when the computer can't recognize a number plate with a high degree of accuracy or in appeal cases.

      It appears that the person interpreting the images has got it wrong and sent the fine to the wrong driver.

      This would be a plausible explanation, rather than a software bug … but I'm still inclined not to believe it.

      • Oz-Bogan on 30/01/2017 - 18:23
        +1

        In Vic:

        http://www.camerassavelives.vic.gov.au/home/fines+and+penalt…

        See 4,5,6.

        Can't believe NSW differs greatly.

        • [Deactivated] on 30/01/2017 - 20:29

          Can't believe NSW differs greatly.

          So in Victoria, 2 qualified officers would've independently reviewed the OPs photos and decided an offence was committed … it's even more difficult to believe 2 humans got it wrong, than 1 computer getting it wrong.

        • Oz-Bogan on 31/01/2017 - 11:12

          In NSW a person from the SDRO interprets, assesses and issues the fine. A computer does not. I have confirmed this with the SDRO.

    • neg on 03/02/2017 - 20:30

      Good news, they said the penalty notice issued to the incorrect registration.
      We've done it OzBargain community. Thank you everyone for read, voted, commented and consulted. Because of you I did send second review online, and called them a day after just to make sure they received it, and make sure they would actually review it. After 2 days from my call I received email saying penalty sent to wrong registration number.

  • Shwayne on 30/01/2017 - 14:21

    I highly recommend going to court, winning the case seems clear cut and you'll feel better for it.

    If you don't have the time and work is more important, you could tank the fine, but you won't feel better about it.

    There is no way your car was doing 73km/h on that turn, unless it caught you speeding into the turn and took this photo instead.

    • neg on 03/02/2017 - 20:30
      +1

      Good news, they said the penalty notice issued to the incorrect registration.
      We've done it OzBargain community. Thank you everyone for read, voted, commented and consulted. Because of you I did send second review online, and called them a day after just to make sure they received it, and make sure they would actually review it. After 2 days from my call I received email saying penalty sent to wrong registration number.

      • Shwayne on 05/02/2017 - 17:05

        Dumbasses, good on you for following up. :)

  • [Deactivated] on 30/01/2017 - 20:44

    tax payer money at work

  • MrFrugalSpend on 31/01/2017 - 01:52

    Some two cent suggestions if interested ? Not that I am an expert at this - Maybe when you call back, ask if there is somewhere to write a letter to to explain there has been an administrative error so as to save the time and cost of going to court. Keep a record of your phone call. In the letter say you will unfortunately have to take it to court to resolve if you receive no response and would therefore like to clear it up prior and provide contact details. Keep a copy of the letter.

    Lodge for a court date anyway just in case they don't respond.

    I haven't been to court but I know someone who has - they offered a compromise to pay fine but not get points (or vice versa). Chances are if you are a genuine person and have a good record, be polite but confident, and give compelling evidence and honestly that you were not speeding, with calculations and evidence, then they will likely drop it or scale it back to a warning, or at least drop either the points or the fine (one or the other is a common settlement offer) to save everyone's time up front.

    Once you have won, presuming you do, if you feel like it, you can raise it with the magistrate that they refused to review it when you contacted the police in an attempt to save the Court's time. Maybe you can also use it as a bargaining chip with the prosecutor. If they offer to wipe the points, but clear the fine, maybe you could politely inform them that you tried to save their time and the court's time by contacting the police first to resolve it, and so can't pay the fine as it has cost you money to attend court to clear your name (BUT, don't speak out of turn) .

    I agree with another's post on here - much sure you also have evidence to show you didn't run a red light also (but don't raise it unless asked, keep it up your sleeve).

    • neg on 03/02/2017 - 20:30
      +1

      Good news, they said the penalty notice issued to the incorrect registration.
      We've done it OzBargain community. Thank you everyone for read, voted, commented and consulted. Because of you I did send second review online, and called them a day after just to make sure they received it, and make sure they would actually review it. After 2 days from my call I received email saying penalty sent to wrong registration number.

  • phluffed on 31/01/2017 - 02:57
    +6

    Probably been said, or you may have already taken care of it, but..

    You only get 1 review, but you aren't asking for a review, you're informing them of an administration error that has the potential to cause them to miss a speeding driver. Call them up and politely point out that the fine meant for the driver of the car in Lane 1 has been sent to you, the driver of the car in lane 3, by mistake. You would like to avoid them having to waste their time and a court's time on something that is clearly an error.

    • neg on 03/02/2017 - 20:30
      +1

      Good news, they said the penalty notice issued to the incorrect registration.
      We've done it OzBargain community. Thank you everyone for read, voted, commented and consulted. Because of you I did send second review online, and called them a day after just to make sure they received it, and make sure they would actually review it. After 2 days from my call I received email saying penalty sent to wrong registration number.

  • hackseed on 31/01/2017 - 09:15

    Lane one is the lane closes to the gutter.

    If you go to court explain you tried to resolve the problem and make a claim for compensation re: court costs, travel expenses, loss of income and your time in general.

    • OzBestDeal on 31/01/2017 - 11:47

      Would be good if we can claim those court costs, our time in court (as defendant and as a lawyer for ourself), and travel expenses.
      I don't think they'll allow that…

      I think you can only claim court costs, which I think is the money payable to register your case to court.

    • neg on 03/02/2017 - 20:30
      +1

      Good news, they said the penalty notice issued to the incorrect registration.
      We've done it OzBargain community. Thank you everyone for read, voted, commented and consulted. Because of you I did send second review online, and called them a day after just to make sure they received it, and make sure they would actually review it. After 2 days from my call I received email saying penalty sent to wrong registration number.

  • mauricem on 31/01/2017 - 12:39

    where is the speed measured? Across the intersection seems to be the assumption here, ie between the 2 photos but couldnt he have been pinged some distance from intersection?

    • tomsco on 31/01/2017 - 17:18

      Speed will be measured where the cameras are to measure the speed.

  • Mrbean007 on 03/02/2017 - 21:26

    Lol doing 73ks around that intersection I'm sure you would of rolled it into that vacant block :)

  • sd4f on 08/02/2017 - 13:14

    Book in to see your state member and complain about how the SDRO is not doing their job. If you're lucky, it may fall on deaf ears, but hey, it's their job, and if you take a day off work, might as well rattle their feather bedded nest a bit.

  • djkelly69 on 08/02/2017 - 22:39
    -2

    Does anyone know the outcome of this matter??

    • bluggort on 11/02/2017 - 21:15
      +1

      As OP has stated in his post and in a vast amount of comments prior to yours,

      "Good news, they said the penalty notice issued to the incorrect registration.
      We've done it OzBargain community. Thank you everyone for read, voted, commented and consulted. Because of you I did send second review online, and called them a day after just to make sure they received it, and make sure they would actually review it. After 2 days from my call I received email saying penalty sent to wrong registration number."

      • djkelly69 on 11/02/2017 - 21:26
        +1

        Thanks. May wish to check if your sarcasm detector is working.

        • bluggort on 11/02/2017 - 22:21

          Except I always see people not reading other comments and go directly towards asking, not saying this applies to you though.
          I just thought I'd help out. Enjoy the rest of your night. :)

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