Just After Some Advice.

[4teecal]

if you werent pulled over whilst doing the alledged crime, they had no legal right to question you at your door as they cant prove who was driving, if the vehicle was being driven, and at most all they can legally do is tell you to "settle down" as the off duty officer is off duty making him no more then a member of the public calling in what they alledgedly saw, they cant fine or penalise you in anyway once you have entered private property (place of residence)

Talk about legal advice at its worst. Police have not only power to question the owner but are required to do so to establish the drivers identity. The owner is also legally obliged to supply that drivers details or face penalties

you have not admitted guilt either, magistrates are usually ex cops, and quite often you will find the police prosecuter gets more time to speak then your lawyer, get yourself a couple good character references (make sure they dont state their opinion of what the decision should be otherwise it may be scrapped) and yeah your driving history will also assist/ effect the out come, if it start going bad ask to do a driving intervention program

Most magistrates are ex solicitors. It is rare to find an ex police magistrate. They give equal and imaprtial time to both the prosecutor and defence solicitors

but yeah seek legal advice and try to avoid legal aid (most of them are fresh out of uni and have little experience) tell the lawyer what happened truthfully and he/she will speak / bullshit/ find loop holes/ errors etc in the cops report

Or he may just tell you to plead guilty as the police case is strong. Roll the dice.

[Wacky Dee]

My sincere advice would be to GET A GOOD LAWYER.

The police have no evidence other than an off duty officers' word. This has a GOOD chance of being thrown out of court and you getting awarded all the lawyer costs if you play your cards right and with the help of a good traffic lawyer this should be easy considering the circumstances (no undeniable evidence of you committing the "crime")

If you rock up to court by yourself it will be your word against the officers' and you will probably get slaughtered. A traffic lawyer would most likely find a case like this extremely easy to win.

[R 2 THE J]

Pleaded NOT GUILTY today.

Waiting on Magistrate, ajourned 11th of June.

Will be getting Legal Advice.

This just angers me a lot. I believe I was doing the right thing. No speeding involved, possibly 5-10km/h over, if that.

I keep running it through my head. Maybe I did drive fast, but not THAT fast. As I have no memory of it, especially 6 months after, it stresses me.

Off-duty police officer, stationary, wiating to turn right, was able to get Full detail of my description, car, rego plates and speed estimation.

It just sounds really sus to me. As its a VERY poshy area, Jap cars arent welcome here.

I'm sure some of you can relate to what i'm going through right now.

RJ

p.s. Thanks for all the advice you guys have been giving me.

Appreciate it a lot.

[MRSAMO]

Contest it absolutely, not in spite of the law or the police but because you have a right to investigate the matter just as they do. Consider it as a business challenge, learn how to defend yourself legally.

As for loss of memory etc, don't take it too hard it happens to a lot of people when they meet with a situation that triggers stress and become emotional and mentally affected by it. Sometimes this trigger is delayed and that's even worst. Support is key.

[GTRPowa]

I'm interested to hear what the outcome with this is.

Since even an ON DUTY police officer would have an extremely hard time in court without a radar/lidar reading, and other relevant information.

Edit: Or your admittance of guilt.

Edited May 26, 2010 by GTRPowa

[FloydWestwood]

+1 for hearing the result.

Just read this - sounds harsh!

[mattymagoo22]

Get a solicitor. My solicitor got my case moved to a court where he knew the most lenient judge would be presiding. Asked my parents to come along to impress the judge, got me to obtain character references, driving history, write out my version of events etc etc and before the matter was heard he got 2 of 4 charges wiped before a word was spoken due to the really crappy brief the officer wrote.

The officer didn't even turn up to court so my case was dismissed (cost me a hell of a lot of time and money).

Good luck and I hope it works out.

Just a word of advice to everyone, when questioned by an officer be aware that in most cases you can ask that you would like legal representation before you say anything. The police are experts in getting you to admit that you did something you may not have done whether it be through intimidation or otherwise. If the officer has his note book out, or tells you you're being recorded, always question whether you can consult a solicitor before answering, I had 5 minutes of questioning wiped from an officers brief due to the fact that I said "I don't think I want to answer your questions without getting legal advice".

Be safe out there people.

[R34 Sedan]

I'd fight it if I were you, but as others have said definately get a good lawyer.

I know of a good one, he's not the cheapest around, but I think he's pretty reasonable (especially compared to some others), like they say you get what you pay for.

Let me know if you'd like his details.

[RB25PWR]

That's the first thing the magistrate will look at, before even a word is spoken.

No. They're not allowed to look at your records. UNTIL he's decided whether or not you're guilty or not.

Also. Get a traffic lawyer, it won't hold up in court at all.

Edited May 29, 2010 by RB25PWR

[double overhead sun visors]

Speaking from my experience with being charged with driving offences.

Get a criminal lawyer with experience in traffic offences. If you can, get one that can also act in the District Court, if you need to appeal your sentence. This will save you time and $$$ should you appeal in District. I would have got one before entering a plea.

You can only contest on legal grounds of the charge. For example, in your case the charge is "Drive in a manner dangerious - excessive speed" You need to challenge the speed and dangerious aspect. Without evidence, such as an accepted and calibrated police speed radar reading for speed clarification, a 45km+ excess (required for Drive manner dang.) may not hold. You may get a lesser change of neg driving. Your lawyer will give you advice on this. Examine the police facts for anything you can challenge or that indicates dangerousness (aside from the speed) and see if you can question this, e.g did they say it was raining when it wasn't, that there were children about when there were not. Anything in the Police Facts statement you don't agree with highlight and discuss with your solicitor.

Get the service history for your car. Anything you have done to it recently that shows safety (e.g new bake upgrade, fresh pads etc) or that it is well maintained. Obviously leave out any 1000Hp turbo additions. You showing that you maintain a safe vehicle could add to challenging the 'dangerousness', it's not some shitty, chopped spring commonwhore with odd wheel sizes.

Get your driving record from the RTA site. Pay the small fee and get it all. Be up front with your lawyer about any offences. Try to remember them all, even offences you may have in other states. A clean record will show that such a claim of dangerious driving is "out of character" for you. Remember this statement, you need to impress upon the magistrate that you are not some danger to society at all.

Talking about character - get good character statements. Get these from work colleagues, parents, people with reputable positions. They need to be people that know you well. The brief written statements need to be written in a formal manner. State the persons name writing it, that they know you and for X many years, and nature of relationship, and they know your charge (get them to write the full charge), and that what you have done is 'out of character'. e.g "I am Kevin Rudd I have known R 2 THE J for 5 years as his pimp. I am aware that he has been charged with Drive Manger Dangerous - speeding'. In my time of knowing him and spending time cruising in his Skyline he has always driven in safe manner. This act appears out of character for him etc..." Something like this. I'd get about 4.

Take pictures of the road you had alleged to speed down. Does it have lights, speed humps - anything that would slow you down and would not be able to drive the alleged speed. Is the road straight, open and clear - i.e is it safe to drive on (to contest the Dangerousness) Is the road well sign posted? you can give these photo's to the magistrate if relevent.

Completed any defensive driving courses? You may be able to use that.

Personally, I wouldn't use such things as you can't remember, it happened too long ago etc just challenge the legal facts and remember only a lawyer can give you legal advice. Even if you don't get the charge dropped a lessor charge of neg driving may be still a win. As drive manner dang. is a criminal offence (even with jail time, thou this wont happen in your case) and goes on your record and neg driving isn't. Obviously the penalties are substantially less to, and if you still think the sentence is harsh appeal it in the District Court, your solicitor needs to be a Barrister to do this.

Hope it all works out for you. Let us know how it goes.