Need Traffic Lawyer

[someonestolecc]

Just came back from dropping my bro home in my barina. Went through an orange light with lots of people around and in the way etc (i.e. couldn't really stop and still went through safely).

I got a ticket for $308, 3 points for "Not stop at stop line at red light".

I've had a bad driving record before and it's been about 3-4 years since I've had a ticket. I've tried really really hard to keep my driving record clean and to get this sucks.. so going to court to fight it and need to a recommendation for a traffic lawyer (and also how much you were charged).

[lastlineofdefence]

So you are saying that you dont think its the right offence? There are a few offences that deal with red lights and going through orange as well. But most of them carry the same penalty.

What are you going to say in court? 'I saw that it was orange and i was able to stop but i still went through. But im SURE it wasnt red.' I think you want to dispute it for the wrong reasons.

Did you talk to the officer that issued it?

[Richmond98]

Sound like its going to be your word against the cops. Maybe get lawyer and get him to twist the story a little and say how you have been good the last 4 years and the judge might lower the penality.

[siksII]

when the light is orange according to the rta you must stop unless it is unsafe to do so, and that is probably the only was you will get out of it.

if you are sure you can convince the magistrate that it was not safe to stop you will probably get off. at the least have the charge changed to disobey yellow light(not red light)

i cant remember one place that is good but this guy is good, i assure you he wont be cheap though

since it is not serious you might have a chance representing yourself too and it will cost u a maximum of the court fees.

Stenberg Mark & Associates

225 Pacific Hwy Hornsby NSW 2077

ph: (02) 9477 1199

[someonestolecc]

Basically I didn't want to get into the specifics and enter them into the court of public opinion but the bottom line is I didn't have a choice and the copper had issued the fine by the time I could say anything.

siksII thanks - the introduction scares me already, I think I'll keep that one when I get caught in my lambo

[someonestolecc]

Looking at some of the rates it's easy to see it's silly to spend $2k on a lawyer to defend a $300 fine.

So - does anyone know of resources and procedures I can use or research to represent myself?

edit: somewhere that has the offence codes listed to the legislation that applies to it would be nice. f**k I swear this government has made it you can't do anything yourself.

[Beer Baron]

unless you have lots of time on your hands, or a low paying job then i would advise NOT to waste your time with it. it will take up lots of your time, at least 1 day off work and in the end the fact is you did the wrong thing (in the eyes of that officer) and they are going to try and make you pay. just pay it and move on.

[siksII]

edit: somewhere that has the offence codes listed to the legislation that applies to it would be nice. f**k I swear this government has made it you can't do anything yourself.

dont expect it to cost a couple of hundred bucks

its not actually that hard to find all the info , look at the rta website, then look under Rules and regulations(on the left hand side menu) that has links to everything including http://www.legislation.nsw.gov.au/ which has legislation documents u can search.

[Michael_1882]

Yeah dude, i've been throgh this nto so long ago......... but a more serious offence i didnt' commit.....sitting through caught watchign these things you will get up (asuming your representing yoruself) and face it $300 isnt' much... and it'll be all over with withing 2minutes, its really weird it's like get up, blah blah sit down. Try represetning yoru self, i think cought fees are liek $65, and just wear somthign nice and say i didnt' feel it was safe to stop, you can say (if you have a s1) i dont' have ABS i didnt' feel confident, the raod was slipery w/e works in your favour but dont' make 101 excuses, keep it sweet to the point and simpl. Good luck, but over a $300 offence i woudl represent my self.

NB:

They'll f**k you over everytime, even when your in the right........ yoru wrong...... you take it to court and they might drop some fines but you still end up paying for somthign you didn't do (assuming you are int eh right) i'm not back to 1 point and tyring to find $1400 could of been $2500, whilst doign my HSC for somehting i didnt' do, and proved i didnt' do, and still one the case.......... it's bull shit......

Best of luck.

[someonestolecc]

Thanks for the posts.

siks - I'm trying to find exactly what the charge is for offence code "2879" but as far as I know there's nowhere I can find it. The police info line said call infringements, I said they were disbanded they put me on hold then dropped my call.

Richard - it was an infringement notice that shouldn't have been given. It'll be the 2nd I've ever received one that shouldn't have been issued and the first one I was too scared to go to court. Not this time. I'd rather take a couple of days off and risk the $65.

Michael - I'll be representing myself. Just need to know what to say/strategy.

I figure I will be saying that I didn't deem it safe to stop in the circumstances when it went yellow and I definately didn't cross the line when the light was red.

The officer AV recorded me being pulled over. I want to know if they have footage of my car during the alleged time I was meant to have crossed the line. I need to know if I wait till the court appearance to request that or if I should be requesting it to the police service now... or do I elect to go to court, then wait for the police prosecutor to get the brief, then get it from there?

Confused.

[Moanie]

request it now.. or you'll waste that day in court asking them for evidence.. pull everything together, with that you want to say, before tackling the court!

i've been before.. its a totally intimidating experience.. but maybe thats just me! Just explain your scenario, and be polite and let the magitrate decide!

let us know how you go

[Michael_1882]

Yeah moanie is right, it's quite intimidating.... the way i woudl go about it is, saying i didnt' feel it was safe, say you didnt' accelerate to get through, there was a car riding you ass etc, you will find it will be you challanging the NSW police force, so there will be a police prosicutor there arguing against you, more or less presenting the evidence (alot of the time they don't) as for the evidence i'm sure your alloud to ask at the local station to view any pictures etc etc. When you get your fine fill in the thing at the back and you will get a court date, hang in there these things take months to sort out. But at the end of the day your going to lsot some way, weather it's stress, and time dedicated to reasearch...... or the time of day to wait in a cought (which can take hours)

Let us know how you go, but after experencing first hand, i would take the aproach of short and to the point, the majistrate does this day in day out and probably heres teh same excuses just state, the law find the act, you said it said somthign about weather you think it's safe.... thats sujestive, so state the act out of the law and say from experence you didnt' feel it was safe, weather you car is pree ABS (just chuck shit like that in) i dunno the conditions ect.... traffic following close behind you..... waht the speed limit is coming into the lights etc.

Goodluck

[someonestolecc]

Thanks guys - good advice. I have it all together now.

I was just going to go down to the station the dude was from and ask for more info but I wasn't sure if I had to do it through other means. Now that you said to I will. .. I guess I'll ask for the video footage too.

I spose I'd better write out a letter to hand deliver saying what I'm going to say in person just for the record.

Cool-as. Just out of interest do you have to submit documents to court prior to going? And I'm assuming you have your say after the prosecuter right?

[Michael_1882]

Ummm no only take teh couments you wish to present, like everdence ect, which more then likely won't be your case. Becuase your going against a cops word it's not a RTA issue it's you v's the NSW police force, the majistrate will call your number etc, and the police prosicutor as well as teh majistrate will have the incerdent report/ (yoru file) in front of them, you will probably get to speak first then he may or may not say somthing.

If you write a letter you direct it to the comanda at the police station, he has the power to over through the charges, state your case to him in a letter, and if all else fails dont' pay the fine, fill in the back of the fine paper and have your say at cought. I mean $65 for cought fee's if you have the time of day it's worth a shot.

[someonestolecc]

and the police prosicutor as well as teh majistrate will have the incerdent report/ (yoru file) in front of them, you will probably get to speak first then he may or may not say somthing.

Can I ask for the brief ahead of time?

I want to get my footage from being pulled over that night. Want to see it before electing to go to court.

[Michael_1882]

Can I ask for the brief ahead of time?

I want to get my footage from being pulled over that night. Want to see it before electing to go to court.

I can't answer that, allthought i was able to go to the police station to see there "photo graphic evedince" i'm not sure if it's one of our limited rights we have in this so called "free country" i honslty don't know, but i was able to see it. I dought they have footage of you..... and all as your going to end up havign to face in cought shoudl be a statment saying what happned, and your statement if you gave one.

[Abo Bob]

You ask the cops for the "Police Brief" and the video footage. They have to give it to you 2 weeks before or something like that but usually you're lucky if you get it on the morning.

Michael, you sound like a pretty smart guy but your spelling is atrocious.

Keep this thread updated cc and I will follow it. It will take me hours to type out a whole plan for you but if you call me at some stage I will explain some tricks and give you some tips on what to do. I'm a Barrister's Clerk.

[JAS-25T]

Been through something similar.

You will only get the brief early, if the officer is really nice. otherwise they dont HAVE to give it to you untill the morning.

They only have to give it to you 2 weeks before for non traffic offences.

[someonestolecc]

and the police prosicutor as well as teh majistrate will have the incerdent report/ (yoru file) in front of them, you will probably get to speak first then he may or may not say somthing.

Can I ask for the brief ahead of time?

I want to get my footage from being pulled over that night. Want to see it before electing to go to court.

[lastlineofdefence]

next there will be someone saying that they want their assault occasioning actual bodily harm dropped to a common because they didnt see any blood, lol.