WTF? Wife was fined for something that a cop accused her of THINKING about doing.

[DAKSTER]

I'm with Decicrate on this one.

The courts are already blocked up, and many times with trivial offences, if you even challenge they will just drop the charges.
Before court goes in, some lackey comes around and asks everyone 'are you pleading guilty or not guilty'. This is so they can arrange the court schedule to get the 'guilty' pleas out of the way and leave the more time consuming 'not guilty' pleas for later in the day.

Tell them 'not guilty' and there is a reasonable chance the police prosecutor will look at a minor offence and decide they just dont have the time, money or enough legs to stand on to bother with, and simply drop the charges.. smug with the knowledge of course that at least they have inconvenienced you by making you come to court.

If more people bothered doing this, a few less trivial tickets may be written, who knows.

 

[Jesterarts]

I'll be the first to give you new-comers a warm welcome to JC.

Immortality is right on the money though, some random no-name P plater complains about being unfairly defected by police, "suck it up princess".

But, when a donating member says he's hard done by, GET THE CHIEF OF POLICE ON THE PHONE!

I'm a moderator, but anyway, your point stands I guess.

 

[Jesterarts]

Got some legal advice. Going to court, we will most likely lose as it's 2 cops vs one and the result will be having the fine plus some additional costs, at worst community service.

Best bet is to have it reviewed and potentially brought down to a warning. The issue being in order for it to be reviewed, wife has to admit to doing it.

Given my wife is NOT a p-plater and her driving record is immaculate, she's only ever had one fine which was for speeding and that was 7 years ago, I feel this is probably our most likely avenue for a favorable outcome as contesting that the line cross didn't happen is unlikely to succeed and more than likely can result in more crap.

 

[TrikkBen]

You forget that court is a day affair, therefore having to take time off for $280 fine is pretty much useless, I make nearly that in a day, either way if you win or not you're still out of pocket because you didn't work... And if you lose you're doubley screwed...

I agree with what you're saying and I personally would go to court, if the fine were more substantial, but its not.. In my eyes not worth wasting my time over..

 

[monkeys437]

I think far too many drivers follow too closely including my missus who doesn't understand if the driver in front brakes as hard as possible you'll hit them before your foot touches the brake even with the sharpest reflexes. I think more people should be fined for this and they can start with the Pen Link.

But the crossing lines sounds incredibly dubious and from what you said It's worth trying to appeal and get it downgraded to a notice of caution. I've done this before when I was fined by a copper who wrongly interpreted a law. Basically it was my word against his and we had slightly different versions of events but because I had a clean record I got the benefit of the doubt and saved some money and a couple of points.

 

[acarmody]

EDIT 2. To Jesterarts I would go to court and ask when we started to use people that could see the future, like the Minority Report, as a way of legally charging people.

I wouldn't say anything close to this. The magistrate (who think they are some sort of God's) will take this as being a smart-ass and will likely make the ticket stick and might even throw a bit more on for good measure.

 

[Decicrate]

I wouldn't say anything close to this. The magistrate (who think they are some sort of God's) will take this as being a smart-ass and will likely make the ticket stick and might even throw a bit more on for good measure.

The magistrates and judges aren't as bad as people like to make out, just don't direct it towards the magistrate, make sure you direct it towards the prosecution.

 

[Vz SS]

It's like how the can do you with intention to do a burnout if you have stockies on the back and mags on the front

 

[Heron SSV]

"Cant be bothered" is the easy way out for most people. If you feel like you've been hard done by, then challenge it. I'd challenge it if I felt I was in the right. Admit to the tailgating, but state her case for the alledged double line infringement. With a virtually clean driving record and a relatively minor charge, there's no way she'll get community service

 

[Tsunamix]

Hate things like this.

Fact is - Your word versus theirs, and their word is taken over solid evidence in many cases.

Legally, they have to prove beyond reasonable doubt that you commiteed those offences, but the magistrates often take officers word as 'proof'. Thats why their magistrates and not judges.

If you feel really strongly about it, go through the magistrates courts rigmarole, proclaim your innocence, make the officer state you did it under oath, but expect the magistrate to find against you. Then challenge it in the state court, where the burden of evidence will go back on the police, and a jury will be involved. Then you can rightfully say - where is the evidence that I actually did these things. Unless the officer can provide substantiated evidence, you win and can claim costs.

Which is why so often that fines that go to state court are thrown out.