Opinions Please

[Brin]

Hey guys, sorry but this is gonna be long....

I recieved a fine the other night which I think is silly as I was helping a distressed elderly lady and I have learnt will have me off the roads for three months, so I am refuting it. I'll copy and paste the letter I have written in word into here. This is not the final, I was just after opinions and what you guys think may help my case.

Note: If you're only going to reply here and slander me, keep your opinion to yourself please.


DRAFT BELOW.


To The Director

Re: Penalty Notice No: 4022251274

I refer to the abovementioned penalty notice, which I received on 5 February 2009 at approximately 10:10 pm, which I request to be waived, as I believe it was issued to me under unfair grounds. I have strong and stable arguments to refute this fine that I will further detail to you in this letter.

On 5 February, I left my boyfriend’s house at St Andrews to head to my Mother’s house in my VN Commodore at approximately 9:45 pm. I traveled straight down Campbelltown Road, the route I usually travel, which takes me back onto the Hume Highway and back into Liverpool.

As I was approaching the intersection where I would usually turn right onto the Hume Highway, I noticed an early model Ford Falcon at the lights in the right and turning lane with its hazard lights flashing. The right hand turning arrow was red and I approached the intersection in the left lane and noticed an elderly lady seated in the drivers seat, clearly in distress and had no one to help or assist her. Her car was steaming from the bonnet, and had obviously overheated very badly. I asked the lady if she required any help, to which she asked if I had any water. I informed her that I did not, but I would gladly be of assistance to her. The lady gave me three empty Coca Cola bottles, and I told her that I would go to the nearest service station and fill them for her, that I would be right back, and not to stress.

I turned right onto the Hume Highway as the lights turned green and pulled into the first service station I could find on the left hand side. I filled the three bottles hastily and exited the service station back onto the Hume Highway, headed towards Campbelltown Road. As I was headed in the opposite direction of her, I could not find or think of a place to park my vehicle nearby to readily assist the lady. I could not think of how I could get back onto the other side of the road to help her. I do not know this area very well, and the closest intersection that I could turn at to assist the lady, which I have now learnt is the intersection where Campbelltown Road meets Glenfield Road. The traffic lights at this intersection were green, and there being no oncoming traffic for me to endanger, I did a U turn and I pulled up behind the lady in my motor vehicle, put my hazard lights on and hopped out of my vehicle with the bottles ready to fill her vehicles radiator for her.

At this point, I noticed another vehicle had pulled up behind mine. In the following seconds I noticed that this vehicle had flashing lights on the dash board, and was an un marked Police Car. Not knowing what the problem was, I approached the Officer. The Police Officer was saying some things very fast to which I know was along the lines of anything that I said or did could be held against me. I did not fully hear him as I was in a haste to help this lady. The Officer in turn asked me if I had my Drivers License on me, to which I did and handed it to him. He stated that I had been pulled over for making an illegal turn, which I told him I made to assist the lady whom I had just met who was distressed and could not continue to drive her car in such a state. He proceeded to breath test me, which returned no offence. He asked if I knew the lady, to which I replied, “No Officer, I was simply on my way home and noticed this lady with her hazard lights on and steam coming from her bonnet.”

The Police Officer then looked at my car, which I take very good care of, is legally lowered and has no engine modifications. He then felt my back tyres to see if they had tread on them to which I said “No Officer, I am not a hoon, I have not being doing burnouts, and I am simply helping a stranger in need.” He said nothing to this. He was still looking at my motor vehicle.

By this point, the lady’s son and girlfriend had turned up at the scene to also assist her. The Police Officer said that he would have to write me up a fine, and returned to his vehicle to do so. I asked the Officer if he could please give a young girl a break, as I am currently unemployed, searching for work, and have recently been granted an extension for payment on a previous fine which I received in early December. (Penalty Notice No: 4021259487 – Fined for not displaying P Plates – My Mother was using my vehicle on this same day and it slipped my mind to put my plates back onto the vehicle.) The Officer just simply replied to this, “Yeah, I work with this bloke too.” The Officer showed no sympathy.

The Officer wrote myself the Penalty Notice for $189 (please see attached) and returned to his vehicle. The lady, his son and girlfriend all seemed in dismay that the Officer could fine me for such, assisting a citizen in need of help and distress, and I was in shock as I have received no income since my traineeship with Blacktown City Council ceased earlier this year. I explained this to the officer, and that I was unable to receive Centrelink payments until late February, and that I would most likely have to get an extension on this fine as well. The Officer showed no remorse. The lady whom I stopped to assist was so shocked that the Officer had fined me, she handed me some cash to pay the fine. I asked the Officer if I could put the money the lady gave me on the fine there and then, to which he said no and that I would have to pay it at the Post Office the next morning.

I walked back to the lady, whom I have now learnt to be Ms Lena <Name>, of <ADRESS> and her Son and his Girlfriend in a state of dismay. We were all shocked that the Officer could fine me for such an act. Ms <NAME> offered me a cigarette to clam me down, and she also lit one. At this point, the Officer came back from his car and asked Ms <NAME> if she would require a towing service, to which we all replied that she was fine as I had assisted her by bringing her water to get her home safe for the night. I believe that I was victimized by this Police Officer as I hold a provisional license and drive a modified vehicle, and I could clearly tell that the Police Officer was looking over my car to find something else to book me for.

I have since learnt that once these two fines are paid in full, I will acquire two (2) demerit points for each offence. This means my Provisional Drivers License will be suspended for a total of three (3) months, which is why I am refuting this fine as I do not think I deserve to have my Driver’s License suspended. I am writing to you with the understanding that the abovementioned Penalty Notice please be waived under grounds of compassion, as;

• I believe this Penalty was issued to me under unfair grounds, as I was trying to assist a lady whom was by herself and was clearly in distress. If I can help someone, I will. No one else had stopped to help her.
• I am a law abiding citizen who has never been convicted of ANY offences, let alone reckless or negligent driving. I have a clean driving record.
• I have been attended many job interviews since my contract with my previous employer ceased earlier this year, and many jobs that I have attended require that you hold a Driver’s License. A suspension would further hold me from obtaining employment for three (3) months.

I appreciate your consideration in this matter and please ask for your sympathy.

Regards



Sabrina <NAME>


WITNESS

I, Ms Lena <NAME> of <ADDRESS> state that all the above is true.

Regards



Ms Lena <NAME>

[minux]

Too long to begin with. Also, have a 30 minute break and re-read it, many sections do not make sense which causes people to skip reading. One example is

I have been attended many job interviews since my contract with my previous employer ceased earlier this year, and many jobs that I have attended require that you hold a Driver’s License. A suspension would further hold me from obtaining employment for three (3) months.

switch attended to attending and it will make more sense.

I find it unlikely this will be reversed based on the grounds you have put forward. As they will say law is the law.

[Julie]

I will be honest, nothing will help your case, kiss your licence goodbye. I was reading the a list of guidelines they use for waiving fines in exceptional circumstances, I'll see if I can find the link. I do remember a couple of the criteria was medical emergency and a 10 year clean licence.

[Shounak]

The letter needs a lot of firming up.

[Brin]

Ohhh fellas, I did say this was a DRAFT! I just sat here and typed it off the top of my head!

But thanks

[SAV_117]

minux it can also depend on the cop that reads the letter ive found some to be quite reasonable but personally i would leave the word hoon out even though your saying your not one i would just not put that in but they may just look at it and throw it out i sent a letter to try and get my fine reversed (arm out the window was telling a mate to turn right) and they sent a letter back pretty much saying we dont give a shit but you never know

[Brin]

Too long to begin with. Also, have a 30 minute break and re-read it, many sections do not make sense which causes people to skip reading. One example is

switch attended to attending and it will make more sense.

I find it unlikely this will be reversed based on the grounds you have put forward. As they will say law is the law.

Well, it's worth a try isn't it? Instead of sitting around and doing nothing about it. Funny they can fine someone who is doing a good deed. This lady was at the point of ripping her hair out and she spoke so fast I could hardly understand. I ended up finding out that she bought the car, I think it was an XD, a few weeks earlier for $500 and had to replace battery, fanbelt, and many other things I felt so sorry for her and she was trying to get comprehensive insurance for it too... It makes me sad how people can rip people off like that.

[loopylay]

You could always try fighting it in court too. You "could" end up having an understanding magistrate who might be more willing to listen to the circumstances that led you to doing that U-turn, and why you need to keep your licence.

I can't remember, does NSW still have restricted licences - you know, can only drive to and from work or only during certain hours? I know we used to.

I think you need to remove the part about the clean driving record at the bottom of the letter as you've contradicted yourself as you've said earlier on that you have another fine that is still outstanding.

[minux]

minux it can also depend on the cop that reads the letter ive found some to be quite reasonable but personally i would leave the word hoon out even though your saying your not one i would just not put that in but they may just look at it and throw it out i sent a letter to try and get my fine reversed (arm out the window was telling a mate to turn right) and they sent a letter back pretty much saying we dont give a shit but you never know

huh? Police do not read these letters?

Well, it's worth a try isn't it? Instead of sitting around and doing nothing about it. Funny they can fine someone who is doing a good deed. This lady was at the point of ripping her hair out and she spoke so fast I could hardly understand. I ended up finding out that she bought the car, I think it was an XD, a few weeks earlier for $500 and had to replace battery, fanbelt, and many other things I felt so sorry for her and she was trying to get comprehensive insurance for it too... It makes me sad how people can rip people off like that.

Oh its worth a try, I just highly doubt it will come off. You would be better off speaking to a criminal lawyer and seeing if you can challenge in court, that is the best and only way you will get this reversed.

[SAV_117]

huh? Police do not read these letters?



Oh its worth a try, I just highly doubt it will come off. You would be better off speaking to a criminal lawyer and seeing if you can challenge in court, that is the best and only way you will get this reversed.

i was told the seargant read my letter???? who reads them

[loopylay]

i was told the seargant read my letter???? who reads them

Probably a monkey smoking a cigarette sitting at his little desk in the back corner of the station.

[Troy711]

I thought in NSW you can't write a letter, you have to elect to take a fine to court to contest it.

[davway]

you have an extention on a fine from the Police that you cant pay yet your also trying to tell them you have a clean driving record and are a law abiding citizen - try again.

too much detail if anything.
no one cares if she gave you a cigarette, or your previous employment or why you were driving down that road in the first place, or if you have an income or not, or who said what or who was in disblief etc.

state the FACTs and state why you COULDNT park on the other side of the road and walk across to her to assist.
And dont try and play the "I've been victimised" card either - it wont get you anywhere.

Keep it simple and brief, no one is going to read a story but they will read a statement.

[SAV_117]

that is an excellent point

[nicko]

Clean the letter up a bit and post it to them. I received a fine for having a faded number plate $90 in my sisters old ford. I bought new plates when i got home for $20. Wrote a letter saying i have bought new plates, didnt no the old ones were illegal and would have happily sorted the problem out if i knew it was wrong. They dismissed the fine and issued a caution. From the sounds of it you will be ok

[Ado]

I think you just copped a bad officer.Hope it will get sorted out in your favour.

[vlv8vic]

I reckon there is a chance you might get out of it, but the letter dribbles on for way too long. It almost reads as "I'm trying to use bit words and repeat my self lots to scare you" to which anyone with half a brain will laugh. I taught year 10 English for a bit and i know you are taught to build an argument but it still sounds like the stuff i used to correct without the grown up aspect.

Cut down the length, ditch the firmness and wordiness. They really only want to know the facts. Leave the lengthy bits about what the cop said - sounds like you are trying too hard there - save them for court if the letter doesn't work.

I honestly gave up reading some of it so forgive me for not knowing but do you have a clean driving record? that'll help. If you already have fines then good luck is all i'll wish you.

[Sabbath']

I gave up halfway through reading because quite honestly it was all just boring babble that seemed in no way relevent. I read through some of the comments, and then got up the strength to go back and re-read it. I had to read it a number of times for it to even partially make any coherent sense or for me to get an idea of what you are talking about.

I honestly dont see your chances as being good. You broke the law, you're suffering the consequenses. The law cannot be waived for personal circumstances.

You performed an illegal turn, infront of a police officer. Whether you were going to help somebody or not, it wasnt a life or death matter.

Oh, i hope the cigarette helped to CLAM you down.

[lukieboy]

i find it weired that to me it appears as though the copper had placed you under arreast mate id fight it if ya get into court early ya should be right as the magistrate hasnt heard bullshit all day long and yeah shorten it up and for shits and giggles see a solicitor for some free advice mate and good luck and hey thanx for stoppin id like to think someone would stop if it was my mum

[tommo82]

What relevance does the cigarette bit have?

If you don't get out of it, I'm sure Today Tonight will run a story on it.

"Law abiding good samaritan victimised by NSW Police!"

Coming up next: Fat kids & dodgy builders. Has your fat kid been victimised by Police?

[trentvy]

cut out the bit about having no engine mods then u say u drive a modified vehicle. contradicts itsself. and has little relevance.

[STEALTHY™]

Unfortunately i don't think you have much chance of getting out of it.

When you get a bad cop, theres not alot you can do to change their mind.



I don't do illegal uturns even if it saves 30 seconds. Hate to take the hard line, but how hard would it have been to turn right at the lights, and make a legal uturn down the side road!

[DANNY8]

The person to send it to is listed on the back of the expiation notice, if it's similar to the SA notices. I got done for not wearing a seat belt in my old van. I showed the cop it wouldn't fit, but he still fined me. So I went to the docs, got a letter saying I didn't have to wear it, got the letter back dated, sent a copy to the address on the back of the expiation notice and it was all good.

Someone else I know had the same thing happen (no seatbelt)....but instead of doing something about it straight away he left it until the fine was due. He went to the doc and got a letter stating he didn't have to wear it, then he sent it away. They rejected it and said he still had to pay the fine, so he took it to court and ended up leaving with a caution.

[minux]

When you get a bad cop, theres not alot you can do to change their mind.

Yes damn those bad cops who enforce the law.

[Calaber]

[QUOTE=minux;1031861]huh? Police do not read these letters?



Minux

Not necessarily in NSW. The Infringement Processing Bureau is staffed by civilians and the representations will be considered by them. Only where an allegation of certain statements or actions taking place, will the reporting officer be required to put his/her version of events on paper.

It's part of the process in this state to reduce unnecessary paperwork for the cops and get them on the road, instead of behind a computer.