Need Traffic Lawyer

[JAS-25T]

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.

You can ask for it from the issuing officer. But he doesn't HAVE to give it too you.

Generally, if they arent a cockfag they will.

(clarifying last post)

[siksII]

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.

call the police station which the policeman that caught you is from. ask to speak with the policeman, and ask him if you could come down to see the video if they have it.

you can go down yourself and see it at the police station whenever there is time, but i dont know if you can make a copy for yourself.

[scathing]

I had a traffic incident recently, and I gave one of those "traffic lawyers" who advertise in Motor a call.

I found the guy quite helpful and gave me a straightforward response. Also, since it was just a quick 3 minute call he didn't charge me either.

If I had to go further and draft a letter I would have had to go in and pay, but for just a "here's my 5 minute high level professional opinion on the matter, try this and if you encounter issues then we'll sit down and discuss details" kind of call he was happy to do it for free.

In other words, I have no idea what he charges but it would be a start.

Anyway, the details are:

Kalpage & Co

9261 0727

Edited September 22, 2006 by scathing

[4teecal]

Why dont you just contact the station he came from and you can arrange a time to go in a view the footage,

Beats going to court with some lame excuse and the video showing you doing something completely different.

As for the service of a brief, they dont have to give it to you until the day of the hearing unless you have been charged or the magistrate makes an order for it to be done earlier.

If the offence was an orange light then the police can change the offence on the day of court.

[supride]

i just wana say good luck, sux to be in your position.

the way I see it its revenue to them and one sided justice where they believe cops word over yours and also that ure guilty until proven innocent.

goodluck

Edited September 23, 2006 by supride

[Michael_1882]

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

Thanks lets hope the HSC markers think i'm fairly intelligent as well. As for the spelling i choose to blame the NSW public Education System.

QUOTE(Michael_1882 @ 21 Sep 2006, 07:54 PM)

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.

I honstly don't know bud, worth a try give them a call and see what happens.

also that ure guilty until proven innocent.

Even then your still left out of pocket, and countless hours wasted.

[Ryanr32]

I've been to court a few times in the last few years and im going again for an over 45km/h speeding ticket

If you go to court you have to make a choice...

to plead guilty or not guilty.

if you represent yourself and plead not guilty, it will probably cost you quite a bit of mullah and they will also stick it in you cos the officer comes in. but here is something to note. If there was only one officer who saw you "go through the red light" it's your word against his/ hers. You are innocent until proven guilty, If it is your word against one single officer's word they can't charge you. you get the benefit of the doubt, only when there is one officer in the car.

Good luck mate. If your going to hornsby local court, i'll probably see you there . haha

i reckon go guilty. if y

[Ryanr32]

and... bear in mind a lot depends on how the magistrate feels on the day....

[Abo Bob]

I've been to court a few times in the last few years and im going again for an over 45km/h speeding ticket

If you go to court you have to make a choice...

to plead guilty or not guilty.

if you represent yourself and plead not guilty, it will probably cost you quite a bit of mullah and they will also stick it in you cos the officer comes in. but here is something to note. If there was only one officer who saw you "go through the red light" it's your word against his/ hers. You are innocent until proven guilty, If it is your word against one single officer's word they can't charge you. you get the benefit of the doubt, only when there is one officer in the car.

Good luck mate. If your going to hornsby local court, i'll probably see you there . haha

i reckon go guilty. if y

There is actually a case which is sometimes used as authority by Magistrates if they know about it which says that coppers are inherantly more reliable witnesses than defendants.

[4teecal]

If there was only one officer who saw you "go through the red light" it's your word against his/ hers. You are innocent until proven guilty, If it is your word against one single officer's word they can't charge you. you get the benefit of the doubt, only when there is one officer in the car.

V....I.....D......E.....O......... Beat that.

[Ryanr32]

Providing the magistrate can see a video from the cop car which clearly shows the offender in the right.......

[Sydneykid]

I think the guys have missed a couple of things;

1.You will have to go to court twice

2. The first time you just get to say "guilty" or "not guilty"

3. The first trick, there are two "guiltys" one is "guilty" straight, out but you ask for leniency (good record, nice guy, no tickets, references blah, blah, blah,) that usually doesn’t do much for young guys.

4. The next is "guilty" with a reason. Make sure that the magistrate/registrar notes that you have pleaded guilty at the first opportunity, that's worth it.

5. So what that says is “I did it, but I had a good reason”

6. The last choice is “not guilty” that means you absolutely didn’t do it.

7. So what you have to decide first is what to plead. Some possibilities;

A. If you got the ticket for going through a red light and you reckon it was orange, then plead not guilty. ie; you DIDN’T go though a red light

B. If you got the ticket for going through an orange light and you reckon it was orange, then plead guilty with a reason. There were cars in my rear vision mirror and I didn’t consider it safe to stop.

Based on what you have posted it sounds to me like you need to plead A - not guilty. It was orange not red.

8. Once you have pleaded the magistrate/registrar will assign you a court date. Don’t be afraid to say “no” if the date he/she chooses is unsuitable. It doesn’t cost (in court costs) anymore if you delay it several months, just make sure that you have a reason.

9. The magistrate/registrar will then ask if you have any witnesses so he/she can work out how long the case is going to take. The police prosecutor has to do the same, if he has video that he wants to produce then he has to declare it. If he does declare it that means it most likely supports his case. That’s bad. If he doesn’t mention the video that means it doesn’t support his case. That’s FANTASTIC.

What you MUST do IMMEDIATELY is then say “I understand that the police vehicle was fitted with a video recording device and I would like that produced in court, please”. If the prosecutor say “no” for ANY reason, then ask for the case to be dismissed right then and there. As they have no evidence, its your word against the officers and he wasn’t in your vehicle and couldn’t possibly see the cars in your rear vision mirror.

Explain (in the nicest possible way) that you have already taken a day of work to defend this case, costing you more than the fine in lost wages. You don’t think it is fair that you have to take another day off when it is fairly obvious that you have no case to answer.

Come back to this thread after you have been to court the first time. Be polite at all times and explain that you have never been in court before and you can’t afford to pay for a lawyer. So you are representing yourself.

Good luck

cheers

Edited September 28, 2006 by Sydneykid

[Ryanr32]

Thats pretty much it.

you got it sorted sydney kid! haha

Can tell you done it before hey!!

[someonestolecc]

Thank you Adam and SydneyKid.

I've just sent off my court election and will be following up with the Police Officer.

I'm wondering if it's okay to say I thought it was orange - will that mean they will charge me with that? or do I just say "I did not go through the red".

Essentially - I'm 100% sure I didn't go through the red. I don't usually aim at oranges but I had the shits and it was empty road etc etc.. bad judgement yes, guilty of the offence no.

Obviously if they show me a tape they had running in their car of me doing it I will honestly accept that my memory was WRONG. The only reason I think they may have had it on was because they then followed me for about 5 minutes afterwards with the camera on taping my car (I assume that's what the little red light means)....

Will update further.

[MANWHORE]

Good on ya mate, best of luck.

[Beer Baron]

the camera I believe is always on. at least that's what I was told last time I was pulled over by a HWP car. he said: "I wish to inform you that all HWP vehicles are fitted with audio and video recording equipment that is always on".

[Michael_1882]

Yeah i was also under that impression.

Edited November 30, 2006 by Michael_1882

[someonestolecc]

Hmm thanks for the info. I want that tape then!

[someonestolecc]

So I called the cop shop about the tape.

The officer on the other end of the phone said he had a look and because the "computer takes a bit to boot up" they only have me being pulled over. He said "there's nothing here of you doing the offense if that's what you're after".

I'd love to be able to take his word for it, but I said I'd like to have a look at what is there, maybe I can catch it from start to finish, but really, I wouldn't know where the start is, I mean, in theory they could just cut that bit out and spring it on me at court??

Anyway, he went on "Look what you have to know is the tape is not the only thing the magistrate will rely on, it'll be the officers estimation and his ability to give that estimation." Now.. I can imagine the kind of bullshit they can spout like blah blah is a well respected officer of x years and has done x convictions and he rescues baby possum scout troop disabled soccer playing minority groups something… so are there questions I can ask that might discredit his ability to give such estimations? He DID have another guy in the car but I have a passenger. Is it worth bringing the passenger as a witness?

He said "The way the procedure works is the officer first observes the red light, after they do that they then look at the line and your front wheel crossing the line. I would say the officer would have done this." - I'm thinking to myself, YES I think they will say so in court, it's great having procedures that you can later say you followed. I just don't think they had enough time but I can't prove where their eyes were...

If the tape wasn't recording at the time then .. I mean, really it's the officers word against mine. I can see myself losing but far out it's not really proven beyond a reasonable doubt is it?!?!?!?

Anyone have any thoughts to help me?

Oh, and I noticed that there is a bit on the court form that states if you lose you can be held liable for witness costs… Will I have to pay 2 officers wages for the time they're in court?!?!!?!?

[someonestolecc]

anyone? (my mention is tomorrow).