Disclaimer ; The information contained in this article should not be interpreted as official legal advice, opinion The author does not provide any guarantee on the accuracy of the author and does not accept responsibility for the results related to its use.
Nearly all drivers in New Zealand or Australia will inadvertently break the speed limit at some point in the career while driving. Generally, for inadvertent or inaccurate speed odometer, speed limit is several kilometers above. According to transportation agencies, such actions are considered reckless and dangerous and are considered likely to cause crashes. (We have all heard the speed mortal mantra).
But what is the real relationship between speed and crash? In countries with high population with expressway speed limit like Germany, if the mantra is true, there may be many dead, but that is not the case.
In Melbourne, the tolerance is the most severe (just a few kilometers above the published speed), but there are many crashes per population than the other Australian states with a large speed limit tolerance.
An experienced New Zealand serious crash equipment investigator recently found that many of the people in New Zealand's car crash are not fatigue and the police incorrectly misrepresented the speed as the cause of the crash Respectively.
Nevertheless, the police may not be accurate enough to ensure that your speed does not speed, but why is it even slightly above the speed limit? Can they earn incomes of several million dollars (or billions of dollars in Australia) each year? That is, at the end, who ran the major highway, traveled 10-15 km beyond the limited speed limit, who was affected?
If Europeans can safely run 180 km / h on the German highway, wise drivers can not safely run 112-120 km / h on expressways, especially depending on traffic conditions Is it?
The best advice I heard from government agencies is' Change the drive according to the condition and lower the speed Now it is wise advice. On dry days, in light traffic conditions on a blocked highway, the driver can safely exceed the speed limit without causing problems. However, we are punished for doing it and will be fined.
As an ambulance I have attended many car accidents for many years, some of which are very serious. I think most of the accident Cause By speed. Rather, it was a much bigger reason to not pay attention, not read the way ahead, failing to catch up with conditions and ordinary foolishness.
However, we continue to propagate that it is the speed which causes the accident. In reality, I think that we are trying to justify the huge income collection system they created by giving us this false message.
After realizing that the system is involved in raising revenue over traffic safety, I tried to understand how laws can easily borrow funds. What I caught shocked and surprised me.
This system mainly consists of the fact that they know all laws and legal systems, and We know little about our rights and system structure . This is important because we actually have very strong rights, so we can get rid of our assertion when properly exercised.
Did you know that the traffic police actually trained to admit that we sinned across the road and pull us out? They asked, "Do you know why you dropped you?" Or "Did you have a reason to speed up? If you acknowledge that we might have been a little earlier, Record it as a guilt recognition and use it in the court if necessary, so you do not know why they asked you why you did not know if you asked why you were speeding up It is not important to admit guilty by answering: Egypt "I really do not think I am".
According to current New Zealand and Australian laws, few people recognize that a fine or forfeiture before conviction is invalid and illegal. That means that the speed violation you handed or sent is illegal and invalid (according to their rules).
Also, by law, until you are proven guilty it is innocent and the burden of proof is essentially To prove You actually their It is not for you to prove you are innocent.
But if you want to use your own rights, you need to act on that assertion and remind this. In the legal world, most people are probably silent so I will hand over all the power Silence agrees .
When you see the words with speeding words, it turns out that it is actually just a thing Claim You did something wrong. They do not provide any evidence or evidence to support the claim that you were speeding, and I hope that you pay for it. They give you 28 days to reprint and respond to you, but most people pay a penalty and pay a fine.
But you do not have to!
You have rights There is a way Legally challenge their arguments and make them innocent, or to be released by judges, to withdraw their sins. All the best does not involve paying attorneys! Please try the following steps:
1. You can not accept responsibility on the side of the road when you fall (see above). Then I carefully ask if he is a civil servant. Also ask for IDs such as badges and business cards (people disguise themselves as police officers). What kind of premise he has in order to acquire your jurisdiction, what kind of ability he has (he must be a court enforcement officer of the land transport law or similar) Please listen. Please write his answer.
2. Please tell the officers that you are exercising the transfer right to travel your ship's Queens Highway as land men / women (do not use the word drive or car in commercial language )
3. If you are seeking a license, please tell me that you have a license. Please produce if you have any hope. However, at that point it says not working at that time (2). this. Please mention that you are not a civil servant (except when you are acting with one person's ability at that time), not a government function, but a free man / woman, issued by the government ID card.
4. Evidence that you are speeding, the law that you think is broken, and how is that law applied to you if you are not a civil servant? If he shows you a radar reading, how do you know that it relates to your ship (it did not record a license plate and it was probably there all day long) . Ask him who was the injured party.
Ask him if you are being arrested. If You are allowed to escape legally The police do not have it General The authority to decide you for interrogation (this is determined by the court). By law, you can ask the executives whether they need to write a ticket lying on the roadside. The answer is no, so that you can legally leave.
6. If the official wrote a ticket to you (and they too!) Then I declare the offer to take it from him. You can ask if you must legally take a ticket. The answer is no! They will probably post it to you.
7. If you get a ticket by post (or accepting a ticket), write to the authorities and tell them that you received your complaint and tell you that you want to clarify some things:
a) Ask the proof of the allegation using the oath (affidavit) on what you appealed to you. (Just remembering that they insisted that you did something by mistake, you just want to prove it.)
b) Ask for an authenticated copy of the complaint from the victim
c) Request an authenticated copy of the training record and show that the police officer is undergoing the training necessary to use the speed detection device used to complement the claim (the officers are trained If not,
d) Traveling on a Queens expressway, not acting as a man / woman in the land, acting as a government agent, fulfilling the function of the crown, or acting under a government issued license When you suspect infringement that states that you can not do, you told the courtiers this time at this time
e) With regard to a bill that claims to have initially violated the application on the premise that it was made by a crown that is a company and not a member of that company (civil servant)
f) You think you are acting under a driver's license, you act as a crown agent or you need to submit a written certificate on this by acting the government's function Please tell them
8. If the Rights Act (NZ) or the Imperial Law Applicable Act (Aus) clearly states that all penalties or forfeitures before conviction are illegal and invalid, how to send a fine Ask if you can.
9. Please inquire whether this is a commercial transaction, whether you are making a contract or not and you do not want to sign a contract.
10. Give them 14 days to respond to your request. They will hardly be able to answer them. They send some garbage instead. Please write again for information and give it for another 10 days. When they can not answer, they sent another letter, the default notification, not claiming the information you requested, so claiming that they are not acting under a driver's license when in doubt of infringement Before the law of the time (Silence does not agree), that allegation is not always illegal and ineffective.
11. If you still insist on forcing this claim, we will choose to let the court hear the problem. Write in the court, submit the letter you sent to the police and ask that this issue will be fired for lack of law.
12. If there is nothing to do with this and you want to appear in the court, submit a letter to the court before your appearance, tell the judge that you are here on this subject, 39; under the license If the judge rejects that he / she wishes to dismiss the case (driving complaints from the victim) because he is driving and that the subject is short,
If you would like to try another way you are very successful, or want to know more about how to do this, follow the advice shown here.
You have the right. It is up to you to prove your claim beyond reasonable doubt and you can not indicate that you are innocent. The worst possible thing is still to pay a fine (and perhaps some court costs) so we will do it and set you right.
Note: If accidents occur due to speeding violation, this method will not help you!
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