Attn: Lawyers and Police and others that can help

[Big Dan]

I was pulled over for speeding on the 21st Feb and given ticket which is all good i deserved it after all i did break the law by speeding but i noticed on the ticket that the Very nice Constable ( he was a nice chap) had forgotten to circle the demerit points so i'm thinking "hey he is being nice"

Now just recieved the reminder notice in the mail regarding this and notice that the demerits have been put on the reminder notice and i've just called up the Police infringement Bureau and to be told that the ticket that i Constable gave "Isn't a Legal Document" and that the reminder notice "Is the legal Document"

My understanding was that ALL PENALTIES that you get in regards to the ticket should be explained in full to me while the officer is issuing me the ticket.

What is my legal right here?

Makes you think thou how many ppl get the ticket and then pay it the next day without getting a reminder notice and then get suprise's down the track cause theres been no cause for them to get the reminder notice oops i meant "Legal Document"

Any Advice would be greatly recieved Thank you

[Disco Dan]

Should you really be plucking at straws when you did, after-all break the law? That is the system, why can you not just accept your responsibility to keep in line with the laws?

[Mom]

I had a discussion regarding the demerit points that came with my last speeding ticket, 113k in a 100 zone attracts 20 points, with the cop that issued it to me on the side of the road. He agreed that it was silly to get points for such a trivial speed over and did not circle the points on the ticket. Still got the suckers though.

[Tank]

I was pulled over for speeding on the 21st Feb and given ticket which is all good i deserved it after all i did break the law by speeding but i noticed on the ticket that the Very nice Constable ( he was a nice chap) had forgotten to circle the demerit points so i'm thinking "hey he is being nice"

Now just recieved the reminder notice in the mail regarding this and notice that the demerits have been put on the reminder notice and i've just called up the Police infringement Bureau and to be told that the ticket that i Constable gave "Isn't a Legal Document" and that the reminder notice "Is the legal Document"

My understanding was that ALL PENALTIES that you get in regards to the ticket should be explained in full to me while the officer is issuing me the ticket.

What is my legal right here?

Makes you think thou how many ppl get the ticket and then pay it the next day without getting a reminder notice and then get suprise's down the track cause theres been no cause for them to get the reminder notice oops i meant "Legal Document"

Any Advice would be greatly recieved Thank you

Unless you are about to lose your license and you need it - its not going to be worth the fight.

Even if you are about to lose your license - the odds of pulling this off are not high.

[Tank]

Should you really be plucking at straws when you did, after-all break the law? That is the system, why can you not just accept your responsibility to keep in line with the laws?

'coz this is KB

[Big Dan]

Should you really be plucking at straws when you did, after-all break the law? That is the system, why can you not just accept your responsibility to keep in line with the laws?

Can you not read i did say at the start that i did deserve it


Unless you are about to lose your license and you need it - its not going to be worth the fight.

Even if you are about to lose your license - the odds of pulling this off are not high.

I'm not going to fight it cause i know i'm in the wrong i was just curious about the legal stand point of this

[Disco Dan]

Can you not read i did say at the start that i did deserve it



I'm not going to fight it cause i know i'm in the wrong i was just curious about the legal stand point of this

Legal stand point? ...pay your fine and dont speed again.

[Ixion]

Can you not read i did say at the start that i did deserve it



I'm not going to fight it cause i know i'm in the wrong i was just curious about the legal stand point of this

legal stand point? There isn't one. Cop's under no obligation to explain anything to you, and whether he circles anything on the ticket makes no difference. Demerit points are set by law, such and such a speed, so many points, not the cop. Only thing he has to determine is the alleged speed.

[Tank]

I'm not going to fight it cause i know i'm in the wrong i was just curious about the legal stand point of this

You ask for 'your legal standpoint' and ask for advise.

Sure sounds like you were going to fight it if you could have got a quick and easy win.

[Usarka]

Backed up by a recent experience, IMHO the cops make it sound sweeter at the time either because they don't want an attitude or some other reason, knowing full well you're going to be done for more than what they let on at the time.

Arse biscuits.

[HenryDorsetCase]

I was pulled over for speeding on the 21st Feb and given ticket which is all good i deserved it after all i did break the law by speeding but i noticed on the ticket that the Very nice Constable ( he was a nice chap) had forgotten to circle the demerit points so i'm thinking "hey he is being nice"

Now just recieved the reminder notice in the mail regarding this and notice that the demerits have been put on the reminder notice and i've just called up the Police infringement Bureau and to be told that the ticket that i Constable gave "Isn't a Legal Document" and that the reminder notice "Is the legal Document"

My understanding was that ALL PENALTIES that you get in regards to the ticket should be explained in full to me while the officer is issuing me the ticket.

What is my legal right here?

Makes you think thou how many ppl get the ticket and then pay it the next day without getting a reminder notice and then get suprise's down the track cause theres been no cause for them to get the reminder notice oops i meant "Legal Document"

Any Advice would be greatly recieved Thank you

there is a saving provision to the effect that minor screwups in the paperworkd dont invalidate the infringement notice.

The offence for which you will be convicted is "exceeded 100kph" (or whatever). The penalty is set out in the statute/appropriate regulations: at Y speed, the penalty is $X fine, and Z demerit points". So notwithstanding the potential deficiencies in the notice, unless you plead not guilty, and are subsequently acquitted of the offence. (which you've just admitted, and probably admitted to the po po who stopped you) then all the mandated penalties for the offence stand.


Short answer: You're fucked, pay up.

[Patch]

legal stand point? There isn't one.
exactly - you got caught, now swallow.

[awayatc]

Should you really be plucking at straws when you did, after-all break the law? That is the system, why can you not just accept your responsibility to keep in line with the laws?

Coz boundaries are there to be pushed...
Never take anyhing just meekly bending over.....
we'r not sheep!

Unfortunately there doesn't seem to be much that can be done in regards to the original question.....
Shame....

[Patrick]

...
What is my legal right here?

...Any Advice would be greatly recieved Thank you

It's in writing, on the ticket aleady.....

The bit where it says, "If speed is exceeded by xxkm, the demerits is xx points......" or words to that effect....

The ticket advises you of "all penalties" so I don't know what your point is....

I never circle anything. It's there, in plain english....

[tri boy]

I never circle anything.

Cept a table laden with sugary doughnuts:whistle:

[Patrick]

Cept a table laden with sugary doughnuts:whistle:

WRONG...

In like a robbers dog... no circling needed.....

[Burtha]

mmmm.... donuts!
:drool:

(somebody had to)

[Dave Lobster]

there is a saving provision to the effect that minor screwups in the paperwork don't invalidate the infringement notice.


Why? If a warrant isn't correct, the information gleaned with it isn't admissable to a court. So why should a different piece of paperwork be any different? Surely it's a legal document, and should be filled in correctly. It's not as if it's fucking difficult to do it right.


Cop's under no obligation to explain anything to you.

Really?? That can't be right, surely??

[Indiana_Jones]

.... told that the ticket that i Constable gave "Isn't a Legal Document" and that the reminder notice "Is the legal Document"



So in that case you can ignore it and not pay it then? lol

-Indy

[marty]

Summary Proceedings Act 1957 (....) S.204

Proceedings not to be questioned for want of form

No information, complaint, summons, conviction, sentence, order, bond, warrant, or other document, and no process or proceeding shall be quashed, set aside, or held invalid by any District Court or by any other Court by reason only of any defect, irregularity, omission, or want of form unless the Court is satisfied that there has been a miscarriage of justice.

[CookMySock]

i've just called up the Police infringement Bureau and to be told that the ticket that i Constable gave "Isn't a Legal Document" and that the reminder notice "Is the legal Document" This is correct. The first handwritten notice doesnt mean jack schit. The second one is the one that must be correct.

In this case you don't have a leg to stand on - not that you trying to evade it, but just to answer your question. ;)

This is why it is very important to do NOTHING if there is a mistake on the handwritten notice. The game is to wait and see if the error comes out on the Legal Document - if it does, they are rooted. Their legal document must must must be correct. Lots and lots of people ring them up and say "wahhhhhh theres an error on the handwritten notice" and they go "ewps, my bad" and they correct it and then send you the legal document.. :lol:

edit: oh I'm not a lawyer.

Steve

[Usarka]

Which is why they water down the consequences at roadside, less chance of you arguing against it.

[Ixion]

Why? If a warrant isn't correct, the information gleaned with it isn't admissable to a court. So why should a different piece of paperwork be any different? Surely it's a legal document, and should be filled in correctly. It's not as if it's fucking difficult to do it right.



Really?? That can't be right, surely??

Surely is. Most they *have* to do is tell you your rights if they arrest you - "You have the right to remain silent , blah blah, to consult a solicitor blah blah etc".

You are expected to know the law. It's not the cop's job to explain it to you. As a matter of operating *practice* police will do their best to explain what is happening to people. But that's a different matter to a legal obligation

[Usarka]

You are expected to know the law. It's not the cop's job to explain it to you. As a matter of operating *practice* police will do their best to explain what is happening to people. But that's a different matter to a legal obligation

That's a bit different from the common trick where they tell you that you won't, or quote, "most likely won't" get charged with something and then you find out it's a mandatory penalty.

[scumdog]

Why? If a warrant isn't correct, the information gleaned with it isn't admissable to a court. So why should a different piece of paperwork be any different? Surely it's a legal document, and should be filled in correctly. It's not as if it's fucking difficult to do it right.



Really?? That can't be right, surely??

The naivety of the general public never fails to amaze me..
:crazy:

[Defiant]

Cept a table laden with sugary doughnuts:whistle:

LMAO:stupid::doh:

[Winston001]

My understanding was that ALL PENALTIES that you get in regards to the ticket should be explained in full to me while the officer is issuing me the ticket.

What is my legal right here?


Wrong.

Maybe you are confusing this with the law as it was in regard to demerit points. It used to say that before you could have your licence suspended, the police/LTSA had to send you a letter warning that you were close to the magic 101.

But no more. Letter or no letter, 101 points is walking speed.

[Mikkel]

Legal stand point? ...pay your fine and dont speed again.

Could we possibly turn into a more androgynous pile of cry-hard conformists. Exceeding the speedlimit is not breaking the LAW, nor is it necessarily dangerous.

[Patrick]

Exceeding the speedlimit is not breaking the LAW, nor is it necessarily dangerous.

Say what????????????????????????????

Yes it is, and yes it can be.

[Sollyboy]

Should you really be plucking at straws when you did, after-all break the law? That is the system, why can you not just accept your responsibility to keep in line with the laws?

May be his point is hes willing to accept the law but the police should also follow the laws , maybe he should just get to pay the fine and not get the points which seem a fair out come

[puddy]

I was pulled over for speeding on the 21st Feb and given ticket which is all good i deserved it after all i did break the law by speeding but i noticed on the ticket that the Very nice Constable ( he was a nice chap) had forgotten to circle the demerit points so i'm thinking "hey he is being nice"

Now just recieved the reminder notice in the mail regarding this and notice that the demerits have been put on the reminder notice and i've just called up the Police infringement Bureau and to be told that the ticket that i Constable gave "Isn't a Legal Document" and that the reminder notice "Is the legal Document"

My understanding was that ALL PENALTIES that you get in regards to the ticket should be explained in full to me while the officer is issuing me the ticket.

What is my legal right here?

Makes you think thou how many ppl get the ticket and then pay it the next day without getting a reminder notice and then get suprise's down the track cause theres been no cause for them to get the reminder notice oops i meant "Legal Document"

Any Advice would be greatly recieved Thank you
FUCK the 'legal right'! Grow some , then take it on the chin. Don't try to crawl your way out. :bleh: