Foolproof way to get off a ticket inside!

[meowmix]

Thats right, due to the complete incompetence of our Police system, there is a way to avoid any tickets you may encounter, as long as its not fast enough to warrant taking your vehicle off you etc.

Simply say your name is something that it isn't. Simple huh?

How do I know this?

Some little prick used my name last year, on TWO seperate occasions when being pulled over for a licence check. What does Sgt. Ignor Anus do? "Oh, no licence? No other I.D.? You seem legit, I'll take your word for it."

WTF is wrong with the police? My tax is going to these jackasses wages!? Now I have to go to court to prove it wasn't me. Wow.

Btw, just checking the great pool of KB legal knowledge, are written and signed statements of witness good as evidence?

Now go out there with no rego and speed as much as you want under 140! When you get pulled up, use Ethan Kennedy. Just a "random" name here, it just feels like it deserves it...

[Mikkel]

Hmmm, and what is the potential legal consequences of identity theft, misrepresentation or whatever it is called?

Gotta be a little bit more than what goes with a speeding ticket I'd bet.

[p.dath]

Thats right, due to the complete incompetence of our Police system, there is a way to avoid any tickets you may encounter, as long as its not fast enough to warrant taking your vehicle off you etc.

Simply say your name is something that it isn't. Simple huh?

How do I know this?

Some little prick used my name last year, on TWO seperate occasions when being pulled over for a licence check. What does Sgt. Ignor Anus do? "Oh, no licence? No other I.D.? You seem legit, I'll take your word for it."

WTF is wrong with the police? My tax is going to these jackasses wages!? Now I have to go to court to prove it wasn't me. Wow.

Btw, just checking the great pool of KB legal knowledge, are written and signed statements of witness good as evidence?

Now go out there with no rego and speed as much as you want under 140! When you get pulled up, use Ethan Kennedy. Just a "random" name here, it just feels like it deserves it...

Should be simple. What number plate is recorded on the tickets?

I'd request copies of the tickets so you know the date, time and location of the alleged offences.

I'd lay a complaint with the Police over the false allegations, and take that complaint with you to court (shows you are taking the issue seriously, and not just trying to get off).

I would bring witnesses to court with you. You can subpoena them if you have to. Otherwise if you have to rely on a written statement you'd be best to take it to a district court barrister (along with the witness) and have the witness swear it is true and correct, and they'll put their little stamp and squiggle on it. Most barristers do this at no charge.
Alternatively, you could probably take your witness and statement along to a Police station, and then a sworn officer should be able to stamp the statement and put their squiggle on it.

And then you need to file all of this information in an affidavit (which also has to be sworn). You can't introduce new evidence on the day in court.

[6ft5]

Thats right, due to the complete incompetence of our Police system, there is a way to avoid any tickets you may encounter, as long as its not fast enough to warrant taking your vehicle off you etc.

Simply say your name is something that it isn't. Simple huh?

How do I know this?

Some little prick used my name last year, on TWO seperate occasions when being pulled over for a licence check. What does Sgt. Ignor Anus do? "Oh, no licence? No other I.D.? You seem legit, I'll take your word for it."

WTF is wrong with the police? My tax is going to these jackasses wages!? Now I have to go to court to prove it wasn't me. Wow.

Btw, just checking the great pool of KB legal knowledge, are written and signed statements of witness good as evidence?

Now go out there with no rego and speed as much as you want under 140! When you get pulled up, use Ethan Kennedy. Just a "random" name here, it just feels like it deserves it...

I think your interpretation of general policing is appalling. What happened to you can happen to anyone that can guess a name. If you operate generally within the law the police will not touch you and if you do break the rules you will be held accountable sooner or later. And if so be a sport and stand up for yourself, you are the one that stuffed up or deliberately did 140k, so fess up and get on with life.

[steve_t]

This happened to a mate of mine. It turned out that his no good (in jail now) step brother kept telling the cops that he was my mate. My mate kept getting infringement notices in the mail and going 'WTF?!' It's a pretty shit system and needs fixing. How do they deal with all the John Smiths of the world?

[meowmix]

Should be simple. What number plate is recorded on the tickets?

I'd request copies of the tickets so you know the date, time and location of the alleged offences.

I'd lay a complaint with the Police over the false allegations, and take that complaint with you to court (shows you are taking the issue seriously, and not just trying to get off).

I would bring witnesses to court with you. You can subpoena them if you have to. Otherwise if you have to rely on a written statement you'd be best to take it to a district court barrister (along with the witness) and have the witness swear it is true and correct, and they'll put their little stamp and squiggle on it. Most barristers do this at no charge.
Alternatively, you could probably take your witness and statement along to a Police station, and then a sworn officer should be able to stamp the statement and put their squiggle on it.

And then you need to file all of this information in an affidavit (which also has to be sworn). You can't introduce new evidence on the day in court.

Thankyou for your reply, very informative. I was in Christchurch at the time, and the offending took place in Whangarei. I'm in wWhangarei now so my witnesses are still down there. They are friends and I don't really want to subpoena them the length of the county! Makes it more difficult. I will submit a formal complaint; I have tried to but they try really hard to really push you off the topic.
I have all the notice documentation. In fact the first I knew of this was when the courts had the ticket. I successfully contested it and it went back to the police, who decided to re-issue the notices in spite of the evidence that was enough for the courts! Ohwell.
What would you recommend I do to prepare for the "Preliminary Hearing"? I am under the impression it is just there for me to plead guilty or not, no evidence etc.
Thankyou again for your advice.

[EJK]

Dang. Sorry to hear. Try this next time.

[meowmix]

I think your interpretation of general policing is appalling. What happened to you can happen to anyone that can guess a name.

Your second sentence seems to contradict your first.

If you operate generally within the law the police will not touch you and if you do break the rules you will be held accountable sooner or later.

I fully agree.

And if so be a sport and stand up for yourself, you are the one that stuffed up or deliberately did 140k, so fess up and get on with life.

Not sure whether thats a general comment or if its directed, but just to be clear, I didn't actually break any laws.

[FROSTY:Me]

Meoww I don't understand. You were in christchurch when the offending occurred. That in itself should be fairly easy to prove/substanciate.
My thoughts being Airline tickets,ferry tickets ALSO Eftpos transactions/visa card useage. With a bank statement you will be abble to show that at This time I was in cathedral square in a pub for example.
If you have enough proof via this means that without a tardis/teleportation device you could not possibly be in whangerei at the time the offence occurred then nooone else should be involved

That would be without sworn statements from freinds. Although written statements sworn in CHCH should add to the weight of evidence.
I'd also be looking into the details of the vehicle involved. it won't help your case if its a Hyusung GT250 for example. But if its a for example 1989 mazda familia and c of o has happened VERY recently you can get the last owners name. From that you could investigate yourself into their history--Ie if they are unlicenced driver perhaps
I had a very similar situation about 15 years ago. Only in my case I was just out of hospital with a smashed shoulder when the offence occurred. It went as far as the courthouse. The cop involved came -looked me in the face and said Nope that wasn't him. case dropped.

[James Deuce]

Stick to your guns. We ended up in the High Court for a parking offence in a town where we weren't for a car we didn't own. Took years to sort out, with WCC getting fined for wasting court time repeatedly over a $20 parking ticket wrongly attributed to us. It never fails to astound me how many times I see some part of the judiciary or infringement issuing agency pursue a losing argument, simply because they suspect that fear and intimidation will be enough to get them the positive stat to support their case for next year's funding increase. Meanwhile the "innocent" party pays the price for someone else's "crime".

[meowmix]

Thanks for the support everyone. Yea I'll get a bank statement printed out for that month and get it stamped. Its an open and shut case I know, its just ludicrous and gets me really pissed. Though I can't imagine how you would've felt James!

[p.dath]

Thankyou for your reply, very informative. I was in Christchurch at the time, and the offending took place in Whangarei. I'm in wWhangarei now so my witnesses are still down there. They are friends and I don't really want to subpoena them the length of the county! Makes it more difficult. I will submit a formal complaint; I have tried to but they try really hard to really push you off the topic.
I have all the notice documentation. In fact the first I knew of this was when the courts had the ticket. I successfully contested it and it went back to the police, who decided to re-issue the notices in spite of the evidence that was enough for the courts! Ohwell.
What would you recommend I do to prepare for the "Preliminary Hearing"? I am under the impression it is just there for me to plead guilty or not, no evidence etc.
Thankyou again for your advice.

Hopefully someone more knowledgable like Jantar or Ixion will weigh in on this.

I made a mistake. You can't make a complaint of a false allegation. I think the complain against the other party will be a "false statement". But either way, make a Police complaint.

Definately plead not guilty. I would also, in your affidavit, request a "Summary Dismissal". This could end the matter very quickly in court, as you are asking the judge to consider if the case is very one sided in your favour. If so, the Judge can rapidly decide in your favour bringing the matter to a conclusion.

I wouldn't rely on just statements. The judge will consider the "weight" of the evidence.
On one side is a Police Officer saying he has given you a ticket. You should ask how the PO established your identity. Hopefully he'll fumble and say he didn't. The judge will then consider the weight of his evidence poor. You could try asking if the officer has a clear and accurate memory of issuing the ticket to you. Being several months down the track, he will almost certainly say no.
However if the PO says he does think it was you, then the Judge will look at your evidence. If the crown solicitor says "anyone could have written those statements", then the Judge could set them aside - meaning you can no longer use them as evidence. This would considerably weaken your case if you can't establish that you were somewhere else at the time. If you have sworn statements, then that means they have been verified as being made by the named person. Obviously a Judge will give more weight to a sworn statement. And a Judge will give the most weight to the evidence if it is given in person - especially if the Police Officer is there in person saying that it was you. Do you get the important about the weight of your evidence now?

Frosty's idea about bringing receipts showing transactions in a different city at the same time is a great idea. This is good circumstancial evidence. It doesn't prove that you made the transactions, but it lends weight to the case that you are making that you were not at the location that the tickets were issued in.

[p.dath]

Stick to your guns. We ended up in the High Court for a parking offence in a town where we weren't for a car we didn't own. Took years to sort out, with WCC getting fined for wasting court time repeatedly over a $20 parking ticket wrongly attributed to us. It never fails to astound me how many times I see some part of the judiciary or infringement issuing agency pursue a losing argument, simply because they suspect that fear and intimidation will be enough to get them the positive stat to support their case for next year's funding increase. Meanwhile the "innocent" party pays the price for someone else's "crime".

High court for a parket offence! Holy crap.

They picked on the wrong person taking you to court! I think I would have paid the $20. Court is a huge waste of time.

[Naki Rat]

This was one of the issues that the latest digital photographic ID driving licences were going to rectify. What a crock of shit we were sold with that scam !!

[vifferman]

There was a case on the IdiotBox recentlyish, where a woman kept getting tickets for driving offences and used her sister's name each time. Her sister went to the police, and convinced them she wasn't even in the same town at the time (she lived in a different city) and got the police to put a note in their records stating that she had a distinctive tattoo on her shoulder (and they took a photo of this) whereas her sister did not, and that the identity of anyone giving her name should be verified by this tattoo.
It didn't work - the tickets kept coming, and the fines kept stacking up, and the bailiffs kept calling.

You'd think verification of identity would be a primary and fundamental requirement for the police, but apparently that's no so. If you were paranoid, it'd be easy to think that this might be deliberate, to lend weight to the campaign to establish a national DNA database.