View Full Version : Quick fine dodging advice (ie. just advice - no 'lectures' thanks)
Ok, my bro's trying to get out of a fine (and court) but the cop's put the wrong date on it. I think (from what I've heard) that you can get out of it real easy if they stuff up like that but what's the deal? It's going to court so can he just say nup - he didn't do what they're describing at that time (even if he did on a diff day) with a decent witness statement to prove it? If one details wrong they have to write the whole thing off right?
I'm sure lots of people will have experience with this from speeding tickets - what did you guys find?
scumdog
9th May 2005, 23:54
Don't speed - now THATS fine advice :msn-wink:
Just tell him to write in to the address on the rear of the ticket and say he wasn't there on that date - might work but don't hold your breath.
Velox
10th May 2005, 00:13
Don't speed - now THATS fine advice :msn-wink:
Just tell him to write in to the address on the rear of the ticket and say he wasn't there on that date - might work but don't hold your breath.
Cheers mate - wasn't actually speeding - just a passing manoevour (however you spell that) that was a bit dodgey. Not good and he knows that, but neither's a huge fine or no licence when you're a poor student!
The only thing is that the cop can issue a new little green notice with the right date on it before court can't he (if he's told that the date's wrong)? He's only just sent it (along with a court summons) but the actual "offence" was ages ago. One idea is to leave it until it's at court to say that it's wrong so there's no chance of it being "corrected" but I don't know if that'd work?
Sorry SD - I don't want to pit you against your own, just looking for advice! :msn-wink:
spudchucka
10th May 2005, 06:01
I've sent you a PM.
Str8 Jacket
10th May 2005, 07:25
Ok, my bro's trying to get out of a fine (and court) but the cop's put the wrong date on it. I think (from what I've heard) that you can get out of it real easy if they stuff up like that but what's the deal? It's going to court so can he just say nup - he didn't do what they're describing at that time (even if he did on a diff day) with a decent witness statement to prove it? If one details wrong they have to write the whole thing off right?
I'm sure lots of people will have experience with this from speeding tickets - what did you guys find?
Basically your bro needs to sort this with the issuing authority, ie Police before the due date. After the fine is logded with the courts then its alot harder to get the fine withdrawn . . . .
He needs to contact the PIB 0800 105 777 and explain the circumstance, if they agree to "wipe" the fine then that will be the end - As long as he gets it in writing. If not then the fine will end up in court and he will need to go through the process of producing a statutory declaration, blah blah bullshit.... and even then, unless the issuing authority agree to wipe the fine then he will have to pay it with court costs.
If the police wont withdraw the fine and your bro doesn't pay it then he will have to go in front of a judge - if requested by your bro. And even then if the judge decides not to "withdraw" the fine he will have to pay court costs and the judge CAN decide to increase the amount of the fine.
Basically what im trying to say is, get him to sort it BEFORE its lodged with the courts, otherwise it'll be headaches all round. Hope that helps?!
Lou Girardin
10th May 2005, 08:21
Don't tell the Police about the error, just notify them that you will be defending the matter on the basis that you have an alibi for the date and time of the offence, hence the offence could not have been committed by you. (Hopefully you do).
If they do not waive the notice you will have to defend it in court.
Date and time of the offence are two crucial aspects of a prosecution.
enigma51
10th May 2005, 08:49
Just pay the fine if you do the crime do the time. If it is a high figure challenge it but if it is not just pay it.
Lou Girardin
10th May 2005, 15:33
Just pay the fine if you do the crime do the time. If it is a high figure challenge it but if it is not just pay it.
The attitude that earns the Govt over a billion a year. :niceone:
Skyryder
10th May 2005, 18:16
Just pay the fine if you do the crime do the time. If it is a high figure challenge it but if it is not just pay it.
That's bollicks. If they get the date wrong (ie a number) then they can get the speed wrong, also a number. Lou's right. Date and time of any offence is more than important; it's crucial.
Skyryder
Sorry to burst a few bubbles but the infringement notice can be amended when you go to court by the judge,because he wants to, or after application from the issuing authority......
Write a letter..state the facts..if you get off "good on ya"...if not , well at least you tried.. :ride:
Basically your bro needs to sort this with the issuing authority, ie Police before the due date. After the fine is logded with the courts then its alot harder to get the fine withdrawn . . . .
He needs to contact the PIB 0800 105 777 and explain the circumstance, if they agree to "wipe" the fine then that will be the end - As long as he gets it in writing. If not then the fine will end up in court and he will need to go through the process of producing a statutory declaration, blah blah bullshit.... and even then, unless the issuing authority agree to wipe the fine then he will have to pay it with court costs.
If the police wont withdraw the fine and your bro doesn't pay it then he will have to go in front of a judge - if requested by your bro. And even then if the judge decides not to "withdraw" the fine he will have to pay court costs and the judge CAN decide to increase the amount of the fine.
Basically what im trying to say is, get him to sort it BEFORE its lodged with the courts, otherwise it'll be headaches all round. Hope that helps?!
for a civil infringement I believe that the police can not charge you with more than what they initially issue you with. You should check with the CAB on that.
Lou Girardin
11th May 2005, 08:32
Sorry to burst a few bubbles but the infringement notice can be amended when you go to court by the judge,because he wants to, or after application from the issuing authority......
Write a letter..state the facts..if you get off "good on ya"...if not , well at least you tried.. :ride:
But it's very unlikely that the court will allow them to amend date and time on the information sheet. Which is why you DON'T tell the Police about the error.
Here endeth the lesson.
mikey
11th May 2005, 11:34
They would not hear a word of it when i wrote in saying this is not me as they had written someone elses name on ticket, said they would just change it as all other details were correct, didnt have the balls to take it before a judge as judge will probably just make ammends to ticket an give you $136 extra as court costs.
If demerit points are an issue, ie about to lose licence from to many an get another, go in to local court an plead poverty an they let you pay it off at $5 a week, or they did for me, an the demerit points only come on to your record when the fine is paid off, which gives you a lot of time for old demerit points to expire/.
enigma51
11th May 2005, 11:45
The attitude that earns the Govt over a billion a year. :niceone:
nope that is not it. It the extra 130 you have to pay when the judge decided you should be punished!!!! Like i said if it is a huge fine take the chance to get overturned of not then you might save yourself another 130 bugs (if not more).
:wait:
Aitch
11th May 2005, 20:56
The court will just laugh at you. Guy at work got a ticket with the wrong time, make and model of car. When his lawyer tried to use the errors as a reason to get off the charge the judge essentially told him to piss off, get a hair cut and get a real job.
But it's very unlikely that the court will allow them to amend date and time on the information sheet. Which is why you DON'T tell the Police about the error.
Here endeth the lesson.
Not so...it happens quite often
Lou Girardin
15th May 2005, 17:13
The court will just laugh at you. Guy at work got a ticket with the wrong time, make and model of car. When his lawyer tried to use the errors as a reason to get off the charge the judge essentially told him to piss off, get a hair cut and get a real job.
If the time was 10 minutes out and he presented himself in court in the manner the Judges reply implies I'm not surprised.
Time AND date is a very different matter, it goes to the basic proof of the offence.
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