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Thread: Onboard video to combat a reckless charge?

  1. #1
    Member maxfacta's Avatar
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    Onboard video to combat a reckless charge?

    Had my bike confiscated last month, got told I was doing 123 in a 70 zone. I was pretty surprised to hear that when they pulled me, but I hadn't actually checked my speed over the distance I was speeding. I simply pulled out of a shopping centre and accelerated up to the cars ahead of me. My little 250 only just made it out of 3rd gear, and I wasn't completely wringing its neck. Not that arguing with the cops about what they want to book you for is really worth the effort.

    However, I happened to be running an onboard video camera at the time. Didn't disclose this, as I wasn't sure what the ramifications might be. After reviewing the footage, I'm now even surer that I didn't get to 120 km/h. And when I got my summons, the "Statement of material facts" says that the police assessed my speed by looking at their own speedometer. This in itself seems a tough call; they must have rapidly accelerated to catch me, and then pace me, to determine my speed in such a manner. So I'm going to plead Not Guilty and see what happens. I may have been speeding but I'm sure I wasn't doing 45 over, and I shouldn't have lost my bike for a week (and pay $396 to get it back again).

    What I'm wondering is whether it's OK, or useful, to use my video in support of my defence. It doesn't show my speedo. But it does show the white lines passing, and I guess it's theoretically possible to determine velocities if I could find the distance between the lines. The video also contains the conversation with the police after they pulled me over. I don't know if there are any laws associated with videoing your ride. Surely not?

    The vid is accessible from here, if anyone's interested.

  2. #2
    Moderator Barfridge's Avatar
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    Lawyer up, show him the tape, and get some professional advice.

    I hope you stick it right up them, sounds like you'll have a good chance of leaving them with egg on their lying faces.
    In life you only get one lap, might as well make it a good one.

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    Moderator Flamedance's Avatar
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    Good luck. All that video really shows is that you were going faster than the other vehicles on the road. Not gonna work to your advantage. No date/timestamp on it either so I doubt they would allow it.

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    Member Lefty's Avatar
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    Quote Originally Posted by Flamedance View Post
    Good luck. All that video really shows is that you were going faster than the other vehicles on the road. Not gonna work to your advantage. No date/timestamp on it either so I doubt they would allow it.
    If it's digital (more than likely in this day and age) then there is a good chance there is.




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    Member DrewVFR's Avatar
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    Totally agree with barfridge think i'll change my handle to loungefridge

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    Member DrewVFR's Avatar
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    vid might not work but they have no evidence to support there claim

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    Member The Saint's Avatar
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    Quote Originally Posted by DrewVFR View Post
    vid might not work but they have no evidence to support there claim
    The testimony of two sworn officers?
    Quote Originally Posted by Melkor View Post
    The Saint is all over the answer like a Saint on a cupcake.

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    Member Viper's Avatar
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    they dont' have to ... he has to prove them wrong.

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    Quote Originally Posted by Flamedance View Post
    No date/timestamp on it either so I doubt they would allow it.
    But if its also got the convo he had between himself and the police, that would be a relative proof of the time and place?

  10. #10
    Member maxfacta's Avatar
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    Yeh, that's what I thought.
    And I have to prove them wrong? I thought I just had to cast reasonable doubt on their charge.

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    Member Kryzaach's Avatar
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    Looks like you hit maybe 90 ish max.. You'd need to get that properly ratified. As mr fridge said, find a friendly lawyer and see what your options are.
    "In all the human societies we have ever reviewed, in every age and in every state, there has seldom if ever been a shortage of eager young males prepared to kill and die to preserve the security, comfort and prejudices of their elders, and what you call heroism is just an expression of this fact; there is never a scarcity of idiots." -The Culture

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    Member The Saint's Avatar
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    I think Viper was being facetious maxfacta.
    Quote Originally Posted by Melkor View Post
    The Saint is all over the answer like a Saint on a cupcake.

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    Member maxfacta's Avatar
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    Quote Originally Posted by Flamedance View Post
    All that video really shows is that you were going faster than the other vehicles on the road. Not gonna work to your advantage.
    What I'm thinking is that it can be used to calculate velocity, as distance and time measurements could be extracted from it.

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    Member Maxo's Avatar
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    Quote Originally Posted by maxfacta View Post
    Yeh, that's what I thought.
    And I have to prove them wrong? I thought I just had to cast reasonable doubt on their charge.
    nope.

    Still best to speak to a lawyer about it though, rather than internet trolls.

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    Does the video have sound at all? might help to show what gear you were in...
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    Member mekon's Avatar
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    send it to funniest home videos with a voice over you might win something. Show a lawyer.

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    Member Professor Redfern's Avatar
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    Not to be a cock because personally I dont care but form a cops/court point of view what I see is a bike that pulls out, catches up to moving vehicles, Splits a very narrow gap and in all overtakes about 10 cars.

    Its isnt the best evidence of you driving sedately.

    As I said Im not criticizing your riding mere looking at it objectively.

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    Member mekon's Avatar
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    This is how the video looks, with no speedo footage to reference it may be a waste of time.
    How's the prick at the end on the bike going the other way as you'd pulled over, not even a nod.

  19. #19
    Member maxfacta's Avatar
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    Quote Originally Posted by redfern View Post
    Not to be a cock because personally I dont care but form a cops/court point of view what I see is a bike that pulls out, catches up to moving vehicles, Splits a very narrow gap and in all overtakes about 10 cars.

    Its isnt the best evidence of you driving sedately.

    As I said Im not criticizing your riding mere looking at it objectively.
    Agreed.
    And I'm happy to take that criticism on board. But my main goal was to get a few opinions on whether my video evidence is a useful defence.

    The video does have audio; I went thru 3 gears and then eased off into 4th. So my speed peaked in 3rd, but I certainly wasn't redlining anywhere. Those little FZR's make a lot of noise, I was revving up over 14K I guess, that may even have contributed to the appearance of high speed. I know people are always turning to stare at me like I'm some kind of hooligan when I'm just riding along.

    I went and did a little testing, putting the bike thru roughly the same acceleration and observing my speed, I did not exceed 120 km/h. This furthers my belief that I'm not guilty as charged.

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    Member The Saint's Avatar
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    Do you say you're not guilty of 123kmh?

    Or not guilty of s 60(1b) reckless driving?
    Quote Originally Posted by Melkor View Post
    The Saint is all over the answer like a Saint on a cupcake.

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