I received a traffic infringement notice alleging a traffic offence. Apart from a few details I want to contest in court, I read some details on the notice that seemed in error. These might be technicalities, but I had to ask a question: Does this invalidate the infringement notice? Any lawyer, wannabe lawyer or former lawyer want to help me with that detail? If the name is spelled wrong, I should be able to claim a dismissal.

try getting aussies attention,,,, u might have to repost this in relationships , don't know if he reads this board Rocky :) ;)

Often it can invalidate the ticket. Or so I heard down the pub one day. But if you did the crime, it's simpler and cheaper to just pay than to hire a lawyer.

No, it does not invalidate the infringement. If the details are considered technical errors if you take this to court the prosecutor will simply request the magistrate to amend the errors on the spot.

In my opinion, if there are errors about date and time or the like, the magistrate will throw it out and berate the prosecution for a shoddy job.

Well worth protesting technical details.

rhino wrote on Jan 13^th, 2019 at 8:19am:

No, it does not invalidate the infringement. If the details are considered technical errors if you take this to court the prosecutor will simply request the magistrate to amend the errors on the spot.

After 14 days, I don't think I can be given an amended infringement notice by a magistrate. He would not have the power to do so. Once the ticket is written, it can be challenged or withdrawn. Otherwise, the only other option is to pay the fine.

From what I gather from the internet (in an unofficial capacity) and from what law advice I got the other week, clerical errors will not constitute dismissing the case. Not getting the facts correct, however, would get the case dismissed.

I have to be careful about what I say in court. The last time I challenged a speeding ticket, the prosecutor got me on a false confession through some mildly clever wordplay. Even today, I found that to be a bit misleading, despite seeing in hindsight what he was doing.

It just seems that, this time, I have a very strong case to defend.

I always advise to be as honest as possible with the Court system. They aren't fools, especially when they have to deal with so many each day.

I pleaded 'Guilty'.
Gave my reason behind what happened and the judge dismissed the case after weighing up that the Highway Cop was 'revenue raking' on the most pedantic thing. A circumstance that was in no way going to have any impact on other drivers or the safety of myself.
But the Judge did give me an ear full about my 'behaviour' to the Cop when he pulled me over. I just pretended I was giving it to GP or Aussie.  ;D
Oops  :P

UnSubRocky wrote on Jan 13^th, 2019 at 9:19pm:

rhino wrote on Jan 13th, 2019 at 8:19am: No, it does not invalidate the infringement. If the details are considered technical errors if you take this to court the prosecutor will simply request the magistrate to amend the errors on the spot. After 14 days, I don't think I can be given an amended infringement notice by a magistrate. He would not have the power to do so. Once the ticket is written, it can be challenged or withdrawn. Otherwise, the only other option is to pay the fine. From what I gather from the internet (in an unofficial capacity) and from what law advice I got the other week, clerical errors will not constitute dismissing the case. Not getting the facts correct, however, would get the case dismissed. I have to be careful about what I say in court. The last time I challenged a speeding ticket, the prosecutor got me on a false confession through some mildly clever wordplay. Even today, I found that to be a bit misleading, despite seeing in hindsight what he was doing. It just seems that, this time, I have a very strong case to defend.

You are a fkwit. why did I waste my time.

Rhino, I don't know why you wrote that last post here. What is the issue?

Jasin wrote on Jan 13^th, 2019 at 9:44pm:

I always advise to be as honest as possible with the Court system. They aren't fools, especially when they have to deal with so many each day. I pleaded 'Guilty'. Gave my reason behind what happened and the judge dismissed the case after weighing up that the Highway Cop was 'revenue raking' on the most pedantic thing. A circumstance that was in no way going to have any impact on other drivers or the safety of myself. But the Judge did give me an ear full about my 'behaviour' to the Cop when he pulled me over. I just pretended I was giving it to GP or Aussie.  ;D Oops  :P

I don't believe you. I think you made this story up. If you plead guilty, it does not matter if you did have a case or not to defend. It is automatically assumed that you were in the wrong. And why would you go to court to plead guilty over a traffic fine. Just pay the ticket and move on. No judge, to my knowledge, would claim that the police officer was revenue raising -- even though that is the likely motivating reason for fining people. When there is doubt, the benefit always goes to the police officer. If you can come up with a valid reason that allegedly mitigates or exonerates your situation, the magistrate will consider it during a verdict. A judge does not dismiss a case based on a belief of "revenue raking". And depending on your behaviour, a judge would not scold a defendant very much about behaviour, unless you were in public within earshot or visual range of someone who was not a police officer.

My Dad got off when he was a kid - the Police had the wrong date on the charge sheet.  ;D

(About riding a bike at night without lights.)

Those were the days!

I doubt any court would give a damn about fining a child under 15 years of age.

I should have said young adult.

Not sure exactly how old he was at the time, but over 18 I think.

UnSubRocky wrote on Jan 13^th, 2019 at 9:19pm:

rhino wrote on Jan 13th, 2019 at 8:19am: No, it does not invalidate the infringement. If the details are considered technical errors if you take this to court the prosecutor will simply request the magistrate to amend the errors on the spot. After 14 days, I don't think I can be given an amended infringement notice by a magistrate. He would not have the power to do so. Once the ticket is written, it can be challenged or withdrawn. Otherwise, the only other option is to pay the fine. From what I gather from the internet (in an unofficial capacity) and from what law advice I got the other week, clerical errors will not constitute dismissing the case. Not getting the facts correct, however, would get the case dismissed. I have to be careful about what I say in court. The last time I challenged a speeding ticket, the prosecutor got me on a false confession through some mildly clever wordplay. Even today, I found that to be a bit misleading, despite seeing in hindsight what he was doing. It just seems that, this time, I have a very strong case to defend.

How often are you getting speeding tickets?

Maybe it's time to start obeying the law, rather than looking for ways around it.

greggerypeccary wrote on Jan 14^th, 2019 at 9:32am:

UnSubRocky wrote on Jan 13th, 2019 at 9:19pm: rhino wrote on Jan 13th, 2019 at 8:19am: No, it does not invalidate the infringement. If the details are considered technical errors if you take this to court the prosecutor will simply request the magistrate to amend the errors on the spot. After 14 days, I don't think I can be given an amended infringement notice by a magistrate. He would not have the power to do so. Once the ticket is written, it can be challenged or withdrawn. Otherwise, the only other option is to pay the fine. From what I gather from the internet (in an unofficial capacity) and from what law advice I got the other week, clerical errors will not constitute dismissing the case. Not getting the facts correct, however, would get the case dismissed. I have to be careful about what I say in court. The last time I challenged a speeding ticket, the prosecutor got me on a false confession through some mildly clever wordplay. Even today, I found that to be a bit misleading, despite seeing in hindsight what he was doing. It just seems that, this time, I have a very strong case to defend. How often are you getting speeding tickets? Maybe it's time to start obeying the law, rather than looking for ways around it.

I have received about 2 genuine speeding tickets. And I have received 2 bogus speeding tickets. I challenged the two bogus speeding tickets and lost due to either a false confession or not arguing thoroughly enough. Had I believed that I acted not according to traffic law when driving, then I would have simply paid the ticket and not tried to challenge a speeding ticket. Otherwise, police would just issue tickets at will so that they could get paid more.

I have just had information sent to me that gives me an alibi for this. Perhaps you should get more information about what had happened before you accuse people of not obeying the law.

UnSubRocky wrote on Jan 14^th, 2019 at 2:49pm:

greggerypeccary wrote on Jan 14th, 2019 at 9:32am: UnSubRocky wrote on Jan 13th, 2019 at 9:19pm: rhino wrote on Jan 13th, 2019 at 8:19am: No, it does not invalidate the infringement. If the details are considered technical errors if you take this to court the prosecutor will simply request the magistrate to amend the errors on the spot. After 14 days, I don't think I can be given an amended infringement notice by a magistrate. He would not have the power to do so. Once the ticket is written, it can be challenged or withdrawn. Otherwise, the only other option is to pay the fine. From what I gather from the internet (in an unofficial capacity) and from what law advice I got the other week, clerical errors will not constitute dismissing the case. Not getting the facts correct, however, would get the case dismissed. I have to be careful about what I say in court. The last time I challenged a speeding ticket, the prosecutor got me on a false confession through some mildly clever wordplay. Even today, I found that to be a bit misleading, despite seeing in hindsight what he was doing. It just seems that, this time, I have a very strong case to defend. How often are you getting speeding tickets? Maybe it's time to start obeying the law, rather than looking for ways around it. I have received about 2 genuine speeding tickets. And I have received 2 bogus speeding tickets. I challenged the two bogus speeding tickets and lost due to either a false confession or not arguing thoroughly enough. Had I believed that I acted not according to traffic law when driving, then I would have simply paid the ticket and not tried to challenge a speeding ticket. Otherwise, police would just issue tickets at will so that they could get paid more. I have just had information sent to me that gives me an alibi for this. Perhaps you should get more information about what had happened before you accuse people of not obeying the law.

You just admitted to not obeying the law.

"I have received about 2 genuine speeding tickets."

greggerypeccary wrote on Jan 14^th, 2019 at 2:52pm:

UnSubRocky wrote on Jan 14th, 2019 at 2:49pm: greggerypeccary wrote on Jan 14th, 2019 at 9:32am: UnSubRocky wrote on Jan 13th, 2019 at 9:19pm: rhino wrote on Jan 13th, 2019 at 8:19am: No, it does not invalidate the infringement. If the details are considered technical errors if you take this to court the prosecutor will simply request the magistrate to amend the errors on the spot. After 14 days, I don't think I can be given an amended infringement notice by a magistrate. He would not have the power to do so. Once the ticket is written, it can be challenged or withdrawn. Otherwise, the only other option is to pay the fine. From what I gather from the internet (in an unofficial capacity) and from what law advice I got the other week, clerical errors will not constitute dismissing the case. Not getting the facts correct, however, would get the case dismissed. I have to be careful about what I say in court. The last time I challenged a speeding ticket, the prosecutor got me on a false confession through some mildly clever wordplay. Even today, I found that to be a bit misleading, despite seeing in hindsight what he was doing. It just seems that, this time, I have a very strong case to defend. How often are you getting speeding tickets? Maybe it's time to start obeying the law, rather than looking for ways around it. I have received about 2 genuine speeding tickets. And I have received 2 bogus speeding tickets. I challenged the two bogus speeding tickets and lost due to either a false confession or not arguing thoroughly enough. Had I believed that I acted not according to traffic law when driving, then I would have simply paid the ticket and not tried to challenge a speeding ticket. Otherwise, police would just issue tickets at will so that they could get paid more. I have just had information sent to me that gives me an alibi for this. Perhaps you should get more information about what had happened before you accuse people of not obeying the law. You just admitted to not obeying the law. "I have received about 2 genuine speeding tickets."

I paid for those speeding tickets and went about my way. 2 speeding tickets does not make one a habitual law breaker.

UnSubRocky wrote on Jan 14^th, 2019 at 3:10pm:

greggerypeccary wrote on Jan 14th, 2019 at 2:52pm: UnSubRocky wrote on Jan 14th, 2019 at 2:49pm: greggerypeccary wrote on Jan 14th, 2019 at 9:32am: UnSubRocky wrote on Jan 13th, 2019 at 9:19pm: rhino wrote on Jan 13th, 2019 at 8:19am: No, it does not invalidate the infringement. If the details are considered technical errors if you take this to court the prosecutor will simply request the magistrate to amend the errors on the spot. After 14 days, I don't think I can be given an amended infringement notice by a magistrate. He would not have the power to do so. Once the ticket is written, it can be challenged or withdrawn. Otherwise, the only other option is to pay the fine. From what I gather from the internet (in an unofficial capacity) and from what law advice I got the other week, clerical errors will not constitute dismissing the case. Not getting the facts correct, however, would get the case dismissed. I have to be careful about what I say in court. The last time I challenged a speeding ticket, the prosecutor got me on a false confession through some mildly clever wordplay. Even today, I found that to be a bit misleading, despite seeing in hindsight what he was doing. It just seems that, this time, I have a very strong case to defend. How often are you getting speeding tickets? Maybe it's time to start obeying the law, rather than looking for ways around it. I have received about 2 genuine speeding tickets. And I have received 2 bogus speeding tickets. I challenged the two bogus speeding tickets and lost due to either a false confession or not arguing thoroughly enough. Had I believed that I acted not according to traffic law when driving, then I would have simply paid the ticket and not tried to challenge a speeding ticket. Otherwise, police would just issue tickets at will so that they could get paid more. I have just had information sent to me that gives me an alibi for this. Perhaps you should get more information about what had happened before you accuse people of not obeying the law. You just admitted to not obeying the law. "I have received about 2 genuine speeding tickets." I paid for those speeding tickets and went about my way. 2 speeding tickets does not make one a habitual law breaker.

You broke the law, more than once.

I didn't say it was habitual, though.

I'm lucky, I've never had a speeding ticket or even a parking ticket.

The closest I got to any trouble was when I was a "P" plate driver in the city (Melbourne) I followed a truck through an intersection just after the lights changed to green - but it must have been a very short cycle, because I was pulled over by a "cop on the beat" for going through a yellow light.

I actually couldn't see the yellow light because of the truck.

Anyway, it was a little funny because I had to drive along at walking pace with a cop walking beside me in the middle of the city looking for a place to pull over... there was a long section of "No standing" zones just after the intersection.

When I finally pulled over, the cop asked me what I thought he was pulling me over for.

I said I wasn't sure, why did you officer?

He said I was going through a yellow light to which I replied that I was actually unsighted at that moment because of the truck but even if I had seen the yellow light, I reckon I would have caused a blockage to the intersection if I had tried to stop.

He let me off with a verbal warning.  :)

greggery,

For a minute's worth total of my driving history, I have received two genuine speeding tickets. I accepted the fine and paid for my mistake. Eight, nearly nine years later, I get an infringement notice that I challenge. However, you want to tell me to start obeying the law because of those two speeding tickets that I paid?

It is a stupid rule, the yellow light rule. If you are driving at a certain pace, you have that half a second to react. Then you have a few seconds to slow to a stop. For argument sake, if you were doing 50kmh near an intersection and you get a yellow traffic light 10 metres before the stop line, you should be able to proceed through the intersection without requiring to stop. At 20 metres before the stop line, I had the impression that there is a possibility that a driver could stop before the stop line. But according to the page titled "Stopping distance: speed and braking" of the Queensland Transport website, a driver can take up to 35 metres to do an emergency brake. That stopping distance includes the 21 metres for reaction time and 14 metres. Therefore, according to official website documents, an officer should take into consideration that someone driving 40kmh through an intersection should be allowed to proceed if they are 26 metres from the stop line. At 50kmh, a police officer should allow a driver a distance 35 metres to safely stop. I won't be bothered with 60kmh, as I don't think a driver should drive through an intersection at that speed.

I am not really sure not being able to see a yellow light because of a truck really entitles you to a rescinding of any infringement notice. Nice of the officer to let you off on that one.

The gps on my car came back to help alibi my situation. Sent away for a court challenge.

Anyone know of a good open source website so that I can check to see if an officer manipulated footage of a traffic incident?

Not only does it not invalidate an infringement notice, but the police's brief of evidence being full of inconsistencies also does not give the defendant the benefit of the doubt.