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thechuckster
Forums Junkie


Location:
Brisbane
Registered:
February 2003
 
Re: got my summons Mon, 05 January 2004 03:44 Go to previous messageGo to previous message
draven wrote on Mon, 05 January 2004 11:27

hrm - so you reckon my photos of the crashed car might simply be the best bet?


no... i think you should get legal advice to see if you have to provide your defence to the prosecution, and even consider hiring an advocate to argue the case for you - particularly if it's going to get technical.

as a starting point, you should write up your defence and only address the points of the prosecution's case, refute them point by point refuting and then find out from legal aid or similar whether you have to hand a copy of this over to the prosecution office, court, or whoever before the hearing commences. The legal system doesn't like surprises... try to be a smartarse then expect to treated severely.

in a jury or judged trial, you would submit your defence before proceedings begin and legal argument over the validity of defence, evidence and witnesses might be required before trial proceeds... i would assume that similar applies to a magistrate except where proceedings are to deal with a guilty plea and youre only making statements regarding sentencing, leniency, etc

... but trials are usualy for criminal or civil matters, i don't know what happens when you challenge a traffic offence. i would assume that if the prosecution figured they would lose, they would not proceed further with the matter and appear to not waste the courts time - unless it's something they feel strongly about (e.g. speed cameras, breath testing) and don't want to supply future defendants with a possible defence or loophole for escaping a judgement.

charles.

[Updated on: Mon, 05 January 2004 03:45]

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SubjectPosterDate
Read Message   got my summons Mr DOHCThu, 01 January 2004 02:11
Read Message   Re: got my summons ShrakaThu, 01 January 2004 06:58
Read Message   Re: got my summons dravenThu, 01 January 2004 11:44
Read Message   Re: got my summons Cool1Thu, 01 January 2004 12:00
Read Message   Re: got my summons dravenThu, 01 January 2004 13:27
Read Message   Re: got my summons Cool1Thu, 01 January 2004 21:56
Read Message   Re: got my summons dravenThu, 01 January 2004 23:55
Read Message   Re: got my summons Cool1Fri, 02 January 2004 07:06
Read Message   Re: got my summons thechucksterMon, 05 January 2004 01:24
Read Message   Re: got my summons dravenThu, 25 March 2004 03:25
Read Message   Re: got my summons dravenMon, 05 January 2004 01:27
Read Message   Re: got my summons  thechucksterMon, 05 January 2004 03:44
Read Message   Re: got my summons dravenMon, 05 January 2004 04:21
Read Message   Re: got my summons Mr DOHCMon, 05 January 2004 09:17
Read Message   Re: got my summons T APLUS 22Mon, 05 January 2004 09:37
Read Message   Re: got my summons celicaboy_2000Mon, 05 January 2004 10:52
Read Message   Re: got my summons dravenMon, 05 January 2004 11:08
Read Message   Re: got my summons thechucksterMon, 05 January 2004 11:41
Read Message   Re: got my summons hotrollaMon, 05 January 2004 11:43
Read Message   Re: got my summons dravenMon, 05 January 2004 12:01
Read Message   Re: got my summons clubagreenieThu, 25 March 2004 09:32
Read Message   Re: got my summons BlackSupraThu, 25 March 2004 09:42
Read Message   Re: got my summons dravenThu, 25 March 2004 09:42
Read Message   Re: got my summons RobST162Thu, 25 March 2004 10:11
Read Message   Re: got my summons dravenThu, 25 March 2004 10:26
Read Message   Re: got my summons ZhyrSun, 28 March 2004 22:34
Read Message   Re: got my summons old_mr2Fri, 26 March 2004 06:45
Read Message   Re: got my summons CrUZsidaMon, 29 March 2004 02:43
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