Australian Politics Forum - Clerical errors on a traffic infringement

greggerypeccary

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Re: Clerical errors on a traffic infringement
Reply #15 - Jan 14^th, 2019 at 2:52pm

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

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

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

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 Once the ticket is written, it can be challenged or withdrawn.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.

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."

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UnSubRocky

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Re: Clerical errors on a traffic infringement
Reply #16 - Jan 14^th, 2019 at 3:10pm

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

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

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

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

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.

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.

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greggerypeccary

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Re: Clerical errors on a traffic infringement
Reply #17 - Jan 14^th, 2019 at 3:20pm

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

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

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

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

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

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.

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.

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Captain Nemo

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Re: Clerical errors on a traffic infringement
Reply #18 - Jan 14^th, 2019 at 3:24pm

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.

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« Last Edit: Jan 14^th, 2019 at 3:30pm by Captain Nemo »

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UnSubRocky

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Re: Clerical errors on a traffic infringement
Reply #19 - Jan 14^th, 2019 at 3:27pm

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?

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UnSubRocky

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Re: Clerical errors on a traffic infringement
Reply #20 - Jan 14^th, 2019 at 4:26pm

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.

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UnSubRocky Gold Member Offline Crocodile Hunter: Origins Posts: 25434 Rockhampton Gender:	Re: Clerical errors on a traffic infringement Reply #21 - Jan 23^rd, 2019 at 10:48pm The gps on my car came back to help alibi my situation. Sent away for a court challenge.
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UnSubRocky Gold Member Offline Crocodile Hunter: Origins Posts: 25434 Rockhampton Gender:	Re: Clerical errors on a traffic infringement Reply #22 - Mar 6^th, 2019 at 11:59pm Anyone know of a good open source website so that I can check to see if an officer manipulated footage of a traffic incident?
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UnSubRocky Gold Member Offline Crocodile Hunter: Origins Posts: 25434 Rockhampton Gender:	Re: Clerical errors on a traffic infringement Reply #23 - Jun 22^nd, 2019 at 8:32am 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.
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