Speeding ticket for doing between 104-110km. Could you get off on a technicality?

Forums › Off topic › Speeding ticket for doing between 104-110km. Could you get off on a technicality?

gished

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Master Geek
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Topic # 139110 28-Jan-2014 12:58

So I was one of the lucky ones who got a speeding ticket over the holidays doing between 104 and 110 km/h (106 to be exact)

Does anyone know if you could get off on the technicality that your cars speedo was incorrect? IIRC the speedo only needs to be within 10% to be certifiable for NZ roads (and hence why the previous speed limit thresholds were what they were). This also doesn't take into account tire pressure wear or size impacting on accuracy.

Obviously I'm going to pay up the $30 fine and whatnot, but thought it'd be interesting to hear if this is something someone could pursue if they had spare time on their hands.

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130 posts

Master Geek
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Reply # 975806 28-Jan-2014 13:03

I don't think it would work. It is your responsibility to drive below the speed limit and if your vehicle isn't maintained to have an accurate speedometer then that is something only the driver could correct anyway (and hence take responsibility for).

As you are aware, the fine is $30 so unless the demerits were going to tip you over to 100 then it would be highly unlikely it would be worth your time attending the District Court for several hours (maybe on several occasions too) to test a defence out.

PaulBrislen

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Reply # 975807 28-Jan-2014 13:03

It's up to you as driver/owner of the car to ensure that it's all working properly.

I suspect that includes the speedo.

johnr

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Reply # 975809 28-Jan-2014 13:04

I doubt it

Zippity

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Reply # 975810 28-Jan-2014 13:04

One person supports this post

You got screwed - and rightly so

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DravidDavid

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Reply # 975811 28-Jan-2014 13:05

Probably not. The only way I could see it being possible is if you had computer data from the ECU that tracked your speed every second and that data was verified by the manufacturer (I'm reeeeeally stretching it here) proving your speed was lower than recorded on the radar. This would be most effective in a court situation. In which case, you have by now spent far more than $30.00 in time and money.

The more likely possibility would be that the corrections department felt it would cost more than $30.00 entertaining you and instead send you a generic letter saying you got away with it this time...Or perhaps a written warning.

I charge myself out at $80.00 per hour. It would probably take me an hours worth of my time collecting and arguing my point with them, so I would be loosing money, haha.

Sometimes what you don't get is a blessing in disguise!

Coil

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Reply # 975819 28-Jan-2014 13:06

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Yeah, Sucks aye, My speedo was wrong. Reads 100 when doing 160 actual speed :/

kenkeniff

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Reply # 975820 28-Jan-2014 13:08

There are a number of 'technicalities' that will get you off but that's not one of them..

'Intent' doesn't play a big part in traffic enforcement (whether you intended to driver over the speed limit, without your seatbelt, exceed the alcohol limit etc) you've still committed an offence.

driller2000

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Reply # 975822 28-Jan-2014 13:08

doubtful.. i would have thought the duty of care resided with the owner to ensure the car was up to spec?

and at the end of the day i would have thought the cops laser is gonna be more credible as evidence of actual speeding - as opposed to a drivers defense / claim of "ignorance" - for want of a better word...

personally i speed fairly regularly (as many do) 60 in a 50 - odd burst of 115 to overtake etc - and if i get snapped - i just pay - i know i am speeding and the odd ticket just comes with this territory...

DravidDavid

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Reply # 975823 28-Jan-2014 13:08

TimA: Yeah, Sucks aye, My speedo was wrong. Reads 100 when doing 160 actual speed :/

What the!? That is quite an inconsistent reading! Are you running factory or after market tyres?

Sometimes what you don't get is a blessing in disguise!

Coil

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Reply # 975826 28-Jan-2014 13:09

DravidDavid:
TimA: Yeah, Sucks aye, My speedo was wrong. Reads 100 when doing 160 actual speed :/

What the!? That is quite an inconsistent reading! Are you running factory or after market tyres?

I can swap it between Mph and Kph.

andrewNZ

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Reply # 975842 28-Jan-2014 13:23

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My understanding is that a speedo is allowed to read 10% high (says 100 but you're travelling slower) but it absolutely must not read low.

In my experience, most modern cars read 5-10km/h high so there's a good chance you thought you were doing 110 anyway.

Location: Dunedin

Bung

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Reply # 975844 28-Jan-2014 13:25

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gished:Does anyone know if you could get off on the technicality that your cars speedo was incorrect? IIRC the speedo only needs to be within 10% to be certifiable for NZ roads (and hence why the previous speed limit thresholds were what they were).

Since mid 2006 the Australian Design Rules changed to align with most European requirements that the speedo is always "safe" ie never under reads but can indicate a higher speed. If you've got a late model vehicle sold in Aus the speedo won't be showing less than your true speed.

Talkiet

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Spark NZ

Reply # 975851 28-Jan-2014 13:32

Not a chance.

Dratsab

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Reply # 975863 28-Jan-2014 13:41

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kenkeniff: 'Intent' doesn't play a big part in traffic enforcement (whether you intended to driver over the speed limit, without your seatbelt, exceed the alcohol limit etc) you've still committed an offence.

Intent doesn't play any part whatsoever in a case like this, it's a strict liability offence.

robjg63

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Reply # 975865 28-Jan-2014 13:41

When I used to be more interested in cars than I am now I often read the car reviews.
Speedos ALWAYS reported optimistic speed.
ie reported you were going faster than you actually were. So what AndrewNZ said (above) sounds right.

If the fine is $30 it will cost far more to get your speedo tested....

Nothing is impossible for the man who doesn't have to do it himself - A. H. Weiler

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