A member asked almost 9 years ago

Speeding ticket even though I was not.

Whilst driving home from a work function with my partner we got pulled over for doing 113 kph in a 100 kph zone. I was driving a brand new vf commodore with the cruise control set to 103 kph. I explained this to the officer but he just said his radar said 113 kph and gave me $400+ fine. As I  left i pressed resume on my cruise control which took me back to 103 kph. I turned around and told the officer this. He said my speedo must be out and took off. If my speedo was out I would have lots of fines from fixed camera's which I don't.  Is it worth persuing this matter furter or cop the fine and demerit points? Which I can't afford.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Unfortunately your question was not answered sooner by a lawyer. The LawAdvisor Research Team has picked up your question and provided some general advice in relation to your situation. Remember, you still have the option of consulting a lawyer directly at any time by pressing the "Consult a Lawyer" button.


Police measure speed using a range of devices, such as radar, laser devices, speed cameras or by visual observation. In South Australia, devices used to measure speed must be approved under the Road Safety Act 1961 (SA) and its associated regulations. These devices must be properly and regularly calibrated in accordance with industry standards. Police officers using these devices must also be trained on how to use them.


Generally, a police officer using a speed radar must take into account possible variations in accuracy of the device when issuing a speeding fine. Under Australian Standard AS 2898-2003, the range of accuracy can be as wide as plus or minus 3 kilometres/hour, depending on the type of radar being used and the speed at which the vehicle is travelling.


If you want to challenge your speeding fine (or ‘expiation notice’), you have the option of seeking a review on the basis that you believe the fine is incorrect or a mistake was made when it was issued. You can request the police to carry out a review by lodging an application online at www.police.sa.gov.au. You cannot request a review if you have already paid the fine or the matter has been referred for enforcement. If the matter has been referred for enforcement, you may still have the option of electing to have the matter heard in court. In these court proceedings, the police will be required to certify the accuracy of the speed radar used to issue your fine.


Suggested way forward

Challenging speeding fines on the basis of allegedly faulty equipment can be complicated and, if you are not successful, you may face the same or more serious penalties. You should speak to a lawyer who can properly advise you of your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer

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