For many years, CARR has assisted many motorists to fight unfair and wrongful traffic infringement notices. CARR's template letters that stated that under the long-established principles of the Presumption of Innocence, the Crown had to prove the identity of the actual driver of a motor vehicle that was booked by a speed or red light camera. In the absence of such identification, the owner of the vehicle had no case to answer.
These template letters that pointed out the civil and legal rights of people and that demanded the upholding of the Presumption of Innocence worked very well and forced various infringement bureaus to withdraw penalty notices for lack of evidence. So state governments made some very underhanded changes to the traffic laws. They removed the long-standing principles of the Presumption of Innocence and the right to refuse to provide anything that would tend to incriminate us. These had been a cornerstone of Westminster justice for centuries and were important pillars of our legal and civil rights.
Under various "Deeming" and "Owner Onus" clauses in the state transport laws, essentially the registered owner of a vehicle who was booked by a speed or red light camera became the "Responsible Person" for the offence. In other words, the owner was guilty unless he could somehow prove himself innocent. This was a disgraceful violation of those well-established civil and legal rights.
What has been found in the past few years is that letters to infringement bureaus that demanded the upholding of those legal and civil rights were routinely ignored, Responses merely stated that such template letters had no validity and that they would be ignored and the Infringement bureaus would proceed to prosecute the owners of vehicles and even have them convicted without them proven to be the actual offenders or even them setting foot in a courtroom to face their accusers.
Of course we all know that these despicable tactics violate many legal principles, but the laws that enable state governments and infringement bureaus to trample on our civil and legal right have been passed by state parliaments and are on the statutes of each state. Therefore magistrates are bound to administer those current laws and do not have the discretion or the power to change those laws. So people who own cars that are pinged by cameras are automatically guilty and in recent years, literally nobody has beaten wrongful bookings by trying to get local courts and indeed district and county courts to uphold those enshrined rights.
We now know that it does not matter which political party is in power, the same infringements scam will be perpetuated, purely for the fact that taxing motorists by way of traffic fines is such a lucrative endeavour for any government of any persuasion. We now know that the current traffic laws violate our civil and legal rights and there is nothing that we can do to change those laws, short of staging an armed insurrection, deposing the government and installing a party or dictator to dismantle those unfair laws and replace them with laws that enshrine and uphold our civil and legal rights. We know that in Australia, this will not happen.
We now know that the Crown does not have to produce any evidence to identify the actual offender in a camera offence. All the Crown has to do is to produce a time and date stamped photo of a person's vehicle with a speed imprinted on it and if that imprinted speed is higher than the speed limit in that area, the vehicle owner is automatically declared guilty of the offence, without the Crown even needing to identify that person. We now know that sending letters to infringement bureaus and demanding due legal process are ignored.
Knowing all these things, we also know that without hard evidence to prove that a motorist did not commit a traffic offence, that person will most certainly be convicted of that offence. Even if that motorist produces witnesses who were in his vehicle at the time and they swear under oath that the motorist was not speeding, a magistrate could conclude that those witnesses were merely lying to try to help their friend beat the speeding fine. This has happened many times, where a magistrate has totally dismissed the testimony of witnesses because he thought that they were lying. So what will actually work to have wrongful bookings thrown out or withdrawn?
The testimony of a motorist that he was not speeding is generally ignored. The testimony of friends of the accused person is also mostly ignored. So what sort of evidence cannot possibly be ignored by either an infringement bureau, police or a magistrate? The simple answer is - the video and GPS data from a GPS-equipped dual camera car black box recorder, such as the Vacron CDR-E07 or similar device.
A motorist who receives a penalty notice a couple of weeks after an alleged infringement will certainly not even remember whether he did speed or not. But the motorist who is armed with a comprehensively featured car black box recorder can review the GPS-logged time and date stamped data and see if he was indeed speeding or not. If he sees from the GPS data at the time that he was at or below the speed limit, then he has irrefutable hard evidence to prove that he had not committed an offence.
Such a well-equipped car black box recorder can prove beyond a shadow of doubt that the driver was not speeding, not going through a red light, was not driving erratically or distractedly, was not holding a mobile phone while driving and was wearing a seat belt at all times. This device will also provide hard evidence in collisions and prove exactly who was at fault. It will provide hard evidence in incidents of road rage and police interceptions.
In other words, the GPS-equipped dual camera car black box recorder is really the only thing that can provide irrefutable evidence of literally anything that happens to a car and driver. I have gone to many anti-fines websites and read all the strategies that they recommend. Yes, many of those strategies did work years ago - BUT THEY DO NOT WORK NOW.
Strategies such as trying to declare penalty notices invalid because the vehicle owner's name is in capital letters - the old "Real Man Straw Man" ploy - DOES NOT WORK. The claim that the accused person is a "Sovereign Citizen" and has the freedom of the roads without hindrance or penalty - DOES NOT WORK. The Imperial Acts Application Act and the ruling by Justice John Latham in the Uniform Taxation Case that many people have tried to use as legal precedents and rulings - THEY DO NOT WORK. None of that stuff works anymore with infringements bureaus and courts. I have yet to see a case in recent times where any of those ploys and strategies beat a traffic penalty.
The sad truth is that state traffic laws have been rigged and corrupted to such an extent, that motorists stand almost no chance of beating even wrongful traffic penalties unless they can produce irrefutable evidence that will prove beyond doubt that they had not committed an offence. The testimony of a driver is routinely dismissed. Witnesses can be disputed and disregarded. But it would be a very brave and foolhardy magistrate that would attempt to dismiss a time and date stamped GPS-logged video showing that no offence was committed.
I have been arranging the purchase of the excellent Vacron CDR-E07-WiFi car black box recorder directly from the manufacturer in Taiwan for CARR subscribers. This exercise does not make me any money, but my goal and motivation is to see as many motorists as possible arming themselves with such devices to beat these infringements scams. I don't care where motorists purchase them or which model they get, provided that they buy the devices that will protect them fully.
Simple dashcams without GPS are useless because they cannot prove that motorists were not speeding. Single camera dashcams with GPS are better because at least they will take videos of the road ahead and log speed. But they will not provide evidence that the driver was not holding a mobile phone or that he was wearing a seat belt and these are two favourite accusations that police make against drivers if they can't find anything else for which to book them.
For full protection and coverage, only a GPS-equipped dual camera car black box recorder that has the second camera facing the driver and passengers and has infra-red illumination for night vision will be good enough. Such a device is often called a taxicam, as taxicab are fitted with video cameras that monitor the drivers and passengers. There are a few different models on the market, but the one I recommend is the Vacron CDR-E07-WiFi for a number of reasons.
There are a number of high-end GPS-equipped dual camera car black box recorders on the market. They are good, but nearly all have disadvantages. For instance, the BlackVue range is excellent, but their models have separate second cameras that have to be hard-wired into vehicles. This makes the BlackVue device hard to take away, such as if the user wants to go on vacation and will rent a car and wish to be protected by his black box recorder.
Another good unit is the Transcend Drive-Pro 520 and it has all the right features, especially being an all-in-one unit like the Vacron. However, it looks like a camera and would be very obvious to anybody looking at a car with the device stuck on the windscreen. One of the desirable attributes of a black box recorder is to be very unobtrusive, almost invisible, so to speak. Then if a driver is "verballed" by a rogue cop, hopefully the cop will not realise that the driver has been recording everything, including speed and other activities. Then the driver can go to court and let the rogue cop perjure himself under oath and then surprise him with the data from his black box recorder, beat the wrongful infringement and even lay charges against that cop.
So out of all the GPS-equipped dual camera black box recorders, only one model has all the right attributes and none of the drawbacks. That unit is the Vacron CDR-E07-WiFi. This is an all-in-one device, so it can be instantly moved from one vehicle to another, such as taking it away on vacation and using it in a rental vehicle. It is very small and unobtrusive, especially when it is hard-wired to power. It has infra-red LEDs that illuminate the interior of the vehicle, thus always providing evidence, even in pitch-black conditions that the driver was not holding a mobile phone while driving and that everybody was wearing seat belts.
The CarBox Player software that comes with the Vacron provides all the data that is required for court cases and insurance claims. It shows time and date stamped video from both cameras, a GPS track on a Google Map, GPS speed of the vehicle, audio from the microphone and impact data from the G-Sensor. The free Vacron Player application will display that camera data and audio on a smartphone. Even snapshots and video recordings can be made from this application.
Ultimately, this Vacron CDR-E07-WiFi car black box recorder will provide hard irrefutable evidence that can be used to beat any wrongful infringement, whether it be speeding, going through a red light, crossing double lines, not keeping left on high speed roads, not wearing seat belts, holding a phone while driving and many other offences. Without such hard evidence, a motorist can easily be wrongly accused of a myriad of offences and have no hope of proving that he did not commit them. There are a mountain of examples where cops have booked motorists for offences that they did not commit and have perjured themselves under oath in court to obtain those convictions.
I have gone to great lengths to give you all this information because I receive many emails from motorists who ask me for assistance and advice. Years ago, I could help them with various strategies and template letters and they worked. The evidence of this is on the website, with infringement bureaus and police being forced to withdraw penalty notices. But it will not work these days because of the way that the state road laws are rigged and that infringement bureaus will not consider anything but hard evidence to refute their allegations.
So here's the bottom line. If you get booked for a traffic offence and you know that you are innocent but you have no means of providing hard evidence such as car black box data, then you might as well just bite the bullet and pay the fine because you won't beat it. It's even a waste of time contacting me about it because I will tell you the same. If you have no hard evidence to refute the allegation, then you are screwed. Just go and pay the fine.
But if you don't want to be a victim of the outrageous wrongful traffic penalty scam, then you need to arm yourself with the sort of car black box recorder that I have described here. If not, you will just have to cop whatever is dished out to you. Out of all the dual camera GPS-equipped car black box recorders on the market, I consider the Vacron CDR-E07-WiFi to be head and shoulders above the rest and the best part is that it is cheaper to purchase than most of the competition.