Disclaimer; The information in this article should not be construed or considered as official legal advice and is only the information investigated. opinion of the author and the author makes no warranty as to its accuracy or accepts responsibility for the results associated with its use.

Almost every driver in New Zealand or Australia will inadvertently break the speed limit at some point in their driving career. You are usually only a few kilometers over the speed limit due to inattention or an inaccurate speed odometer. However, according to the transport authorities, this behavior is considered reckless, dangerous and can lead to an accident. (We’ve all heard his mantra that speed kills.)

But what is the real association between speeding and crashes? In densely populated countries like Germany, where they have an open speed limit on their motorways, if the mantra were true, there would be many deaths, but this is not the case.

In Melbourne, where the speed tolerance is the strictest (only a few kilometers above the posted speed), they have more crashes per capita than the other Australian states that have a higher tolerance for the speed limit.

A seasoned investigator from New Zealand’s Serious Accident Unit recently published that in his opinion the leading cause of car accidents in New Zealand was fatigue, NOT speed, and that speed was incorrectly attributed by police as the cause of the accident in many cases.

Despite this, the police continually target motorists traveling even slightly over the speed limit and issue fines whenever possible, although your speedometer may not be accurate enough to make sure you are not speeding. Why? Could it be that they raise millions (or in Australia billions) of dollars in revenue each year? I mean, at the end of the day, if you were driving on a main road and driving 10-15km over the posted speed limit and arriving at your destination, who has it affected?

If Europeans can do 180 km / h on German motorways safely, why can’t sensitive drivers do it from 112 to 120 km / h safely, especially on our motorways when traffic conditions allow it?

The best advice I heard from a government agency was’drive according to conditions and when they change slow down‘. That is sensible advice. On a dry day, with little traffic on a sealed highway, conditions allow drivers to safely exceed the speed limit without causing any problems. However, we are punished and fined for trying to do so.

As a paramedic I have seen many car accidents over the years, some of them very serious. I must say that it seemed to me that few of the accidents occurred caused by speed. Rather, inattention, not reading the road ahead, not driving according to conditions, or sheer stupidity were by far the main causes.

Yet we continually feed the propaganda that it is speed that causes accidents. I think the reality is that they are trying to justify the huge revenue collection system they have created by passing this bogus message to us.

After realizing that the system cares more about raising revenue than road safety, I set out to try to understand how the legislation allows them to so easily extract the money we’ve worked so hard for. What I discovered shocked and amazed me.

The system is mainly based on the fact that they know all the regulations and the legal system and that We are largely ignorant of our rights or how your system works.. This is important because we actually have very powerful rights that, when properly exercised, can lift us out of their accusations.

Did you know that the Traffic Police are trained to try to trick us into admitting that we are guilty on the side of the road when they stop us? They will say something like “Do you know why I stopped you?” Or “Was there a reason you were speeding?” If we admit that we could have gone a bit fast, they will record it as an admission of guilt and will use it against us in court if necessary. Therefore, it is important not to admit guilt by replying that you have no idea why you were stopped or if you were asked why you were speeding, just say “did I do it?” or “I really don’t think it was.”

Very few people realize that under current New Zealand and Australian law, any fine or forfeiture prior to conviction is void and illegal. That means the speeding ticket you received or sent is illegal and void (according to their rules).

Additionally, the law states that you are innocent until proven guilty and the burden of proof is entirely on them to try that he actually raped one of its statutes and not on you to prove that you are innocent.

However, you must act on your allegations and remind them if you want to take advantage of your rights. Staying silent, which most people probably do, gives them all the power because in the legal world silence is allowed.

If you take a look at the wording of a speeding ticket, you will see that it is, in fact, just one allegation that you did something wrong. They don’t provide any evidence or proof to support the claim (which you were expediting) and just expect you to pay it. They even give you 28 days to respond and deal with the fine, but most people just give up and pay the fine.

But you don’t have to!

You have rights and There is a way to legally challenge their accusations and have their charge dropped or found innocent and discharged by a judge. Best of all, it doesn’t involve paying for a lawyer! You can try it by following these steps:

1. Never admit liability on the side of the road (see above) when stopping and politely ask the officer if you are a public servant. Also ask for identification that includes your badge and business card (people DO pretend to be police). Ask him in what capacity he is acting (should be as an Enforcement Officer of the Land Transportation Law or similar) and what assumption he is making to obtain jurisdiction over you. Write your answers.

2. Tell the officer that you are simply exercising your inalienable right to travel the roads of Queens in your vessel as a man / woman of land (do not use the word drive or car as these are business terms) and ask him to record this

3. If they ask for your license, tell them you have one and feel free to present it if you wish, but be sure to mention that you were not operating with it at the time (see 2) and ask them to register it. Please also mention that you are not a public servant (unless you are acting in your capacity at the time) or performing any government function, but a free man / woman and not a fictional creation or some name on an ID issued by the government card.

4. Ask for proof of your speeding claim, what law you are alleged to have broken, and how that law applies to you if you are not a public servant. If it shows you a radar reading, ask how it knows it relates to your boat (it doesn’t register license plates and could have been there all day). Ask who the injured party was.

5. Ask him if he is detained or not. Not you are legally authorized to drive as the police do not have general powers to detain him for questioning (this has been determined by the courts). You can ask the officer if you are legally required to stay on the side of the road while writing a ticket. The answer is no, so you can legally leave.

6. If the officer issues you a ticket (and he will!), Then decline the offer to take it away. You can simply ask if you are legally obligated to take the ticket. The answer is no! It is likely that they will publish it to you.

7. As soon as you receive the ticket in the mail (or if you accepted it) write to the authority and tell them that you have received a plea from them addressed to you, so you want to clarify a few things:

a) Ask for proof of your allegation through an affidavit of your allegation (claim) against you. (remember they just claim you did something wrong and you just want proof of it).

b) Request a certified copy of the victim’s complaint.

c) Request a certified copy of the training record showing that the officer had the necessary training to use any speed detection device that was being used to fabricate the charge (if the officer has not been trained, he will drop the charge).

d) Declare a claim that you were using your inalienable right to travel the roads of Queens uninterruptedly as a man / woman of the land and not acting as an agent of the government or performing any crown function or acting under your issued license by the government. at the time of the alleged violation and that you told the enforcement officer this at the time

e) ask them for proof of how any statute that they claim you violated in the first place applies to you, given that it was made by the crown, which is a corporation and you are not a member of that corporation (public servant)

f) Tell them that if they believe you acted under your driver’s license or acted as an agent of the crown or performing any government function, they must provide you with written proof of this.

8. Ask them how they can send you a fine when the Bill of Rights Act (in New Zealand) or the Imperial Law Enforcement Act (in Australia) clearly states that all fines or forfeitures prior to conviction are illegal and void.

9. Ask them if it is a business transaction and offer to contract and if you do not want to contract with them.

10. Give them 14 days to respond to your demands. They will not be able to answer most of them. Instead, they will send some garbage. Write again asking for the information and give them another 10 days. When they do not respond, send another letter titled Notice of Default and explain that since they have not provided the information you requested, they accept your claim that you were not acting in accordance with your driver’s license at the time of the alleged violation and that by therefore, it had no jurisdiction over you at the time (silence is consent) and that the accusation is illegal and void.

11. If they still insist on trying to enforce this charge against you, choose to have a court hear the matter. Write to the court and present the correspondence you have sent to the Police and request that this matter be dismissed for lack of jurisdiction.

12. If you are unlucky with any of this and want to appear in court, file the correspondence with the court prior to your appearance and tell the judge that you are here on this matter and that you already have an agreement between the parties that you were not driving. under your license ‘and that you would like the case to be dismissed for lack of subject (they have not filed a complaint from the aggrieved party either) and if the judge dismisses the case, request that the expenses be awarded.

If you want to try a different method that has been very successful or read more about how to do it, follow the advice given here.

You have rights and it is up to them to prove your claim beyond a reasonable doubt and not up to you to prove that you were innocent. The worst that can happen is that you end up paying the fine (and possibly some court costs), so give it a try and defend your rights.

Please note: If you have caused damage as a result of an accident due to speeding, this method will not help you!