Biker gets RNP speed fine overturned...

[Rowdy]

Just to clarify what is proven and what is not....

The way our adversarial legal system works is that the Police or DPP need to prove the allegation beyond reasonable doubt to succeed. All the accused needs to do is raise reasonable doubt about that proof. This guy didn't need to prove he wasn't speeding, just that there was reasonable doubt that the actual charge was legitimate. As they appear to have charged him with doing 149km/h and there was plenty of doubt about whether that was accurate, the charge was dismissed. The court is not required to make a finding about what speed he was actually doing and whether that was over the limit.

While this has got a lot of media coverage, its not likely to result in a precedent the rest of us can use to escape speeding fines as it appears to be based on the actual facts of the case. $60k is a lot to spend on keeping your licence.

Here ends the legal studies lecture.. 

In my experience, traffic infringements in Qld see you guilty until you can prove yourself innocent. There is no reason why it would take such a large amount of time and money to raise "reasonable doubt". This guy had to fight to reverse his automatic assumption of guilt from the legal system.

This is the same for all of my dealings with the traffic branch and I would be interested to hear of anybody who believes they were considered innocent until the police proved their guilt beyond reasonable doubt.

[techno]

In my experience, traffic infringements in Qld see you guilty until you can prove yourself innocent. There is no reason why it would take such a large amount of time and money to raise "reasonable doubt". This guy had to fight to reverse his automatic assumption of guilt from the legal system.

This is the same for all of my dealings with the traffic branch and I would be interested to hear of anybody who believes they were considered innocent until the police proved their guilt beyond reasonable doubt.

Contrary to how it might appear, we do still have a presumption of innocence in this country. If you want to see someone who believes this, look at my avatar. 

[Rowdy]

Exerpt from article "His father said police charged 22 drivers for speeding on Lady Wakehurst Drive on May 8, 2010, and 10 of them had their licences disqualified."

I presume most of the other people charged were sucessfully found guilty. I wonder how hard the Police had to work to prove their allegations beyond reasonable doubt?