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HELP! any armchair lawyers out there?

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akadaka
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« on: December 12, 2010, 01:47:40 pm »

 I got a traffic ticket today Angry   150$ for no seatbelt .
Now to set the scene.Sitting at the lights indicating to turn right.Cop on the other side drives past as i wait my turn.My turn comes and i turn up the road 50 metres and get out of my car to walk into jaycars electrical.Now said policeman wizzes up behind me lights flashing and says "you were not wearing a seatbelt", and i said i was and he said "bullshit i saw the silver buckle hanging there".I said look the buckle is matt black and he said " i don't care"!  Now i have no reason to bullshit here and to be honest i earn 150 dollars in about 30 minutes everyday in my job as a tooth fairy so maybe i am getting old n cranky but it's not over money just the principle of truth.It will cost me more in lost work time to fight it but as i said the truth is the truth.Now can anyone tell me how much time you have to waste going to court and blah blah blah with all this bullshit? Has anyone been in a similar postion and not rolled over when they know they are innocent?
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Magoo
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« Reply #1 on: December 12, 2010, 02:05:37 pm »

I wouldn't care how much it cost me.  I would fight this one.  Go for the jugular Aka.   Hopefully one day soon you will see that cop sitting in your dental chair.     Got an old wooden pedal drill in the back room?
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guest49
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« Reply #2 on: December 12, 2010, 02:16:57 pm »

It wll cost you more than the ticket, as you say.
If you care about principles, deny the matter all the way, go to court, and defend yourself.  Dont bother with a lawyer, especially if in front of a judge.  [More likely to be a couple of JPs]
Tke photographs of your matt black buckles, and tell the court what the cop[ said about the silver.
It is unlikely you will get anywhere talking to the cops superior, as they are more or less dutybound to take his word if push comes to shove - and you dont want to show your defence to the cops unless its a definite that they are going to waive the ticket.

When you win, give the bench a statement of your expenses, including lost income and ask to be awarded costs.
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nitpicker1
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« Reply #3 on: December 12, 2010, 02:18:41 pm »



what Yak said
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"Life might not be the party you were expecting, but you're here now, so you may as well get up and dance"
akadaka
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« Reply #4 on: December 12, 2010, 02:30:38 pm »

thats it , thanks guys i am all pumped up to be Rumpole of the Bailey.As stated here, i think it's  best to go low key and represent myself but somehow even with the buckle pic i think they will still support the cop but as i said it is so blatantly wrong i have to give it a go.Moneywise i will loose out because if its 4 or 5 hours waiting around with the hearing and i give an account expense for 2 thousand or so i might be pushing my luck.Might be better to go down the stress and sexual dysfunction road and ask for compensation Grin
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nitpicker1
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« Reply #5 on: December 12, 2010, 02:54:16 pm »



thats it , thanks guys i am all pumped up to be Rumpole of the Bailey.As stated here, i think it's  best to go low key and represent myself but somehow even with the buckle pic i think they will still support the cop but as i said it is so blatantly wrong i have to give it a go.Moneywise i will loose out because if its 4 or 5 hours waiting around with the hearing and i give an account expense for 2 thousand or so i might be pushing my luck.Might be better to go down the stress and sexual dysfunction road and ask for compensation Grin

I am sure that you will be told the SD is a result of encroaching age, they may give ya a script for viagra.

Back in the dim dark 1970's my dear departed was sued by the then Social Welfare Department for nonpayment of child support, when in fact he was fully paid-up plus overpayments.

They were ordered to pay back $75. 
 
Still waiting...
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guest49
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« Reply #6 on: December 12, 2010, 03:08:15 pm »

PM'd you.
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Kiwithrottlejockey
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« Reply #7 on: December 12, 2010, 03:35:05 pm »

HELP! any armchair lawyers out there?


Admit to nothing!

You are not obliged to say anything” means EXACTLY that.

If the pigs cops tell you your mate is squealing in the next room, tell them to “get stuffed” — it's the oldest trick in the book.

The onus is on the cops to PROVE you did something, not on you to disprove it!

Good luck....   
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ballasted moth
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« Reply #8 on: December 12, 2010, 05:05:28 pm »

 In the first instance you can object to the fine on the form provided at no cost If you outline the facts you should get off Has worked for me
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Ferney
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« Reply #9 on: December 12, 2010, 06:05:21 pm »

I'd do as BM suggested and write your objection to the fine.

I got a $120 fine for speeding about 5 years ago.   Doing 61 in a 70 zone.  I argued with the officer which even surprised me, when he insisted it was a 50 zone.   I was so annoyed with him that I paid the fine just so I could forget about.  After I mailed it I decided to go back and have another look at the speed sign.  Sure enough it was 70 not 50.  I should have done that before I posted it and written an objection and would have got off.     
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ssweetpea
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« Reply #10 on: December 12, 2010, 07:12:44 pm »

I would also point out that you were not sitting in your car when the police spoke to you (I gather that was the case from your first post).

Is there anything in your car that could account for the "silver flash" the cop though he saw?


Good luck.

To be honest I have been stopped so often of late to have my seat beat, passengers seat belt, warrent and rego and breath checked it isn't funny. I and talking about during the day in a suburb with only one liquor outlet and no licenced resturants!
« Last Edit: December 12, 2010, 07:21:46 pm by ssweetpea » Report Spam   Logged

The way politicians run this country a small white cat should have no problem http://sally4mp.blogspot.com/
dragontamer
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« Reply #11 on: December 12, 2010, 07:25:01 pm »

I'd do as BM suggested and write your objection to the fine.

I got a $120 fine for speeding about 5 years ago.   Doing 61 in a 70 zone.  I argued with the officer which even surprised me, when he insisted it was a 50 zone.   I was so annoyed with him that I paid the fine just so I could forget about.  After I mailed it I decided to go back and have another look at the speed sign.  Sure enough it was 70 not 50.  I should have done that before I posted it and written an objection and would have got off.     

That reminds of of a time when I was but a young teenager.  Sober driving my boyfriend and his mates home from a rugby thing in the early hours of the morning.  4 extremely drunk guys in my car, me totally pissed off with them still drinking and slopping beer around so was a little heavy on the gas on Aotea Quay.  I got pulled over and the cop demanded "Do you know what the speed limit is along here".  Without missing a beat, and with all the certainty I could muster I replied "70".   (Actually, I was pretty sure it was 60 but knew how fast I was going). He looked gobsmacked.  I'm not sure he was really positive what it was himself he looked so surprised.  He came back with "No, it's 50.  But I'm just about to go off for the night and can do without the paperwork.  You can go, do the speed limit and I'm radioing through so others will be watching".

Off I went.  Later I checked.  It was 50 as he said, but to this day I think my certainty when I said 70 gave him a mind block.
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