| Author | Topic |
|---|
Location:
Brisbane
Registered:
October 2002
|
|
got my summons
|
Thu, 01 January 2004 02:11
|
 |
i finally got my summons for my fine, have to be incourt 3 days b4 i have to start jury duty 
when i got pulled over the cop asked my what speed i thought i was doing, i said 70 {i was apparently doing 82 in a 60}
on my summons the cop told them i said 60 
cause since i said 70 i basically admitted i was speeding, but he seems to remember 60, so i aint complaining
|
|
|
Location:
Melbourne
Registered:
November 2003
|
|
Re: got my summons
|
Thu, 01 January 2004 06:58
|
|
|
Heh heh. Good job.
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: got my summons
|
Thu, 01 January 2004 11:44
|
|
incidentally - what is the deal in court?
is it police prosecutor vs you, or does the attending officer rock up?
I'm considering taking my neg driving fine to court, on the basis that it was most likely caused by a blowout or flat tyre, with the photographs of my wreck to support my case. The impact was on the left side, and all tyres stayed inflated - on the undamaged side, the rear is flat.
I also want to get a statement from the attending officer supporting my case, in whatever way I can.
|
|
|
I supported Toymods
Banned User
Location:
Brisbane
Registered:
May 2002
|
|
Re: got my summons
|
Thu, 01 January 2004 12:00
|
|
|
Its the police prosecutor vs you. In order for you to go up against the attending cop you need to go to the districk court or what ever its called.
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: got my summons
|
Thu, 01 January 2004 13:27
|
|
|
I dont wanna go against them... but if they could give me a favourable statement, I could provide a signed written statement to support my case, yes?
|
|
|
I supported Toymods
Banned User
Location:
Brisbane
Registered:
May 2002
|
|
Re: got my summons
|
Thu, 01 January 2004 21:56
|
|
|
You can try and get in contact with the officer in question and get a statement from him. But he would of made a statement for the police prosecutor anyway.
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: got my summons
|
Thu, 01 January 2004 23:55
|
|
|
I know, but if I get in contact with her first, have a chat and all that, can quite possibly get a favourabvle statement (as she did notice that only that tyre was flat, which was odd)
|
|
|
I supported Toymods
Banned User
Location:
Brisbane
Registered:
May 2002
|
|
Re: got my summons
|
Fri, 02 January 2004 07:06
|
|
|
Give it a go and see what happens.
|
|
|
Location:
Brisbane
Registered:
February 2003
|
|
Re: got my summons
|
Mon, 05 January 2004 01:24
|
|
get real legal advice first - (search for community legal services and legal aid)
if you want to argue the details of the case (e.g. introduce new evidence or statements not available to the prosecution, call witnesses, etc) a magistrate will either: set a date for a hearing, suggest you have the matter heard in front of a judge (this will depend on jurisdiction), or tell you to shut-up while he/she reads you the riot act then lectures you about court proceeses.
in cases 1 & 2, it then allows the prosecution to gets it's shit together and pound you into a smear all over the defender's bench...
charles.
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: got my summons
|
Mon, 05 January 2004 01:27
|
|
|
hrm - so you reckon my photos of the crashed car might simply be the best bet?
|
|
|
Location:
Brisbane
Registered:
February 2003
|
|
Re: got my summons
|
Mon, 05 January 2004 03:44
|
|
| 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]
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: got my summons
|
Mon, 05 January 2004 04:21
|
|
|
from what I understand, challenging a traffic offence is fairly different to criminal court - but I'll takemyour advice and call up a legal aid service or some such
|
|
|
Location:
Brisbane
Registered:
October 2002
|
|
Re: got my summons
|
Mon, 05 January 2004 09:17
|
|
TONITE, we have Draven and Phil defending their traffic tickets, on which they both beleive they were wrong fully accused, and we also have shane, standing up the back calling jeers out at them,
all this and more, TONITE,
ON "JUDGE CHARLES"
|
|
|
Location:
Melbourne
Registered:
October 2003
|
|
Re: got my summons
|
Mon, 05 January 2004 09:37
|
|
|
a mate of mine tried to contest a speeding ticket based on the notion that the cop fucked up really badly (in better wording obviously) he somehow had the atteding officer there..And he lied through his teeth. Didn't have a chance with the fucker undoubtedly bullshiting from start to finish.
|
|
|
Location:
Lismore, NSW
Registered:
February 2003
|
|
Re: got my summons
|
Mon, 05 January 2004 10:52
|
|
|
Hey, I got caught doing 123 in a 60km zone had to go to court so I got a lawyer. I got 15months + $661 fine not as bad as I thought I was gonna get but still I dont think the lawyer was worth it. On a good note Just under 4Months to go
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: got my summons
|
Mon, 05 January 2004 11:08
|
|
|
123 in a 60 zone is usually a $1k+ fine
|
|
|
Location:
Brisbane
Registered:
February 2003
|
|
Re: got my summons
|
Mon, 05 January 2004 11:41
|
|
well it's better than three weeks in the yards with a bunch of restless somoan guys and black ulans 
|
|
|
Location:
Sydney
Registered:
April 2003
|
|
Re: got my summons
|
Mon, 05 January 2004 11:43
|
|
Hey Draven i got done for Neg driving to (Everyone would know by now) I have written a detailed letter to the infringement agencies about a month ago now and i have heard nothing yet but i go for my green P's in a month so i should have my points back soon. 
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: got my summons
|
Mon, 05 January 2004 12:01
|
|
yeah
took them 3 months to get back to me, and 5 months to get back to my brother, but they do eventually
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: got my summons
|
Thu, 25 March 2004 03:25
|
|
**update**
got the brief of evidence today. basically they have my statement, and the fact that my car had had an accident.
No mention of possible speeding, no mention of anything, the one other guy who was on the scene (and heard the crash) has not been summonsed, or even had a statement taken.
from my amateur point of view, the prosecution doesn't have a leg to stand on
|
|
|
Location:
1st street on the right
Registered:
November 2002
|
|
Re: got my summons
|
Thu, 25 March 2004 09:32
|
|
Basically they do have two legs. Neg driving is an arbitrary charge, they may not be able to get you for speeding but neg driving can include inappropriate speed. Remember my case?
Do what ever you can to prove you had a flat at the time of the accident, pics of nail etc in tyre. (even if it was taken on the day of the accident) Bodgy up a receipt for a tyre repair for a puncture. Worst I would estimate would be up to 3mth off and a fine up to $1000-
If they really want to get you they will. Just remember to get a haircut. 
|
|
|
Registered:
August 2002
|
|
Re: got my summons
|
Thu, 25 March 2004 09:42
|
|
Short and neat and cool
<- Refer avatar
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: got my summons
|
Thu, 25 March 2004 09:42
|
|
I will not get a haircut 
I will tie it back and dress respectably.
I'll tell the damn truth (or near enough to it) and shit a fucking cinder block if I cop any sort of suspension or fine over $300
original fine was $187 and 3 points, no suspension.
|
|
|
Location:
Epping, Sydney
Registered:
April 2003
|
|
Re: got my summons
|
Thu, 25 March 2004 10:11
|
|
| Quote: |
If they really want to get you they will. Just remember to get a haircut.
|
greg is aiming to appeal to their feminine sides jk
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: got my summons
|
Thu, 25 March 2004 10:26
|
|
|
maybe I'll get a gay judge who likes effeminate guys
|
|
|
Location:
Newcastle
Registered:
June 2002
|
|
Re: got my summons
|
Fri, 26 March 2004 06:45
|
|
|
Black supra is that you in the photo or Val Kilmer?
|
|
|
Location:
Sunshine Coast
Registered:
February 2004
|
|
Re: got my summons
|
Sun, 28 March 2004 22:34
|
|
least im not the only guy who has long hair these days
well... i hope draven is a guy 
if not... well... hey Draven baby, whats up?  hehe
|
|
|
I supported Toymods
Location:
Australia
Registered:
November 2003
|
|
Re: got my summons
|
Mon, 29 March 2004 02:43
|
|
| old_mr2 wrote on Fri, 26 March 2004 14:45 |
Black supra is that you in the photo or Val Kilmer?
|
Its Him, in his uniform
|
|
|
