Australian Politics Forum - Clerical errors on a traffic infringement

UnSubRocky

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Clerical errors on a traffic infringement
Jan 13^th, 2019 at 3:04am

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.

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DonDeeHippy Gold Member Offline Cool Stuff Posts: 2782 Australia Gender:	Re: Clerical errors on a traffic infringement Reply #1 - Jan 13^th, 2019 at 7:03am try getting aussies attention,,,, u might have to repost this in relationships , don't know if he reads this board Rocky
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freediver Gold Member Offline www.ozpolitic.com Posts: 53257 At my desk.	Re: Clerical errors on a traffic infringement Reply #2 - Jan 13^th, 2019 at 7:53am 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.
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rhino Gold Member Offline Australian Politics Posts: 17179 Gender:	Re: Clerical errors on a traffic infringement Reply #3 - 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.
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Captain Nemo Gold Member Offline Australian Politics Posts: 15977 Melbourne Gender:	Re: Clerical errors on a traffic infringement Reply #4 - Jan 13^th, 2019 at 11:26am 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.
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UnSubRocky

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Re: Clerical errors on a traffic infringement
Reply #5 - 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.

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Jasin

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Re: Clerical errors on a traffic infringement
Reply #6 - 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. Grin

Oops

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AIMLESS EXTENTION OF KNOWLEDGE HOWEVER, WHICH IS WHAT I THINK YOU REALLY MEAN BY THE TERM 'CURIOSITY', IS MERELY INEFFICIENCY. I AM DESIGNED TO AVOID INEFFICIENCY.

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rhino

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Re: Clerical errors on a traffic infringement
Reply #7 - Jan 13^th, 2019 at 9:48pm

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.

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

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UnSubRocky Gold Member Offline Crocodile Hunter: Origins Posts: 25481 Rockhampton Gender:	Re: Clerical errors on a traffic infringement Reply #8 - Jan 13^th, 2019 at 10:03pm Rhino, I don't know why you wrote that last post here. What is the issue?
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UnSubRocky

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Re: Clerical errors on a traffic infringement
Reply #9 - Jan 13^th, 2019 at 10:24pm

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. Grin

Oops

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.

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Captain Nemo Gold Member Offline Australian Politics Posts: 15977 Melbourne Gender:	Re: Clerical errors on a traffic infringement Reply #10 - Jan 13^th, 2019 at 11:22pm My Dad got off when he was a kid - the Police had the wrong date on the charge sheet. (About riding a bike at night without lights.) Those were the days!
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UnSubRocky Gold Member Offline Crocodile Hunter: Origins Posts: 25481 Rockhampton Gender:	Re: Clerical errors on a traffic infringement Reply #11 - Jan 13^th, 2019 at 11:27pm I doubt any court would give a damn about fining a child under 15 years of age.
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Captain Nemo Gold Member Offline Australian Politics Posts: 15977 Melbourne Gender:	Re: Clerical errors on a traffic infringement Reply #12 - Jan 13^th, 2019 at 11:35pm I should have said young adult. Not sure exactly how old he was at the time, but over 18 I think.
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greggerypeccary

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Re: Clerical errors on a traffic infringement
Reply #13 - 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.

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UnSubRocky

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Re: Clerical errors on a traffic infringement
Reply #14 - 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.

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