
Originally Posted by
Jackrat
Red,In the situation you have described I would definately do as Mike sujests.If you have no luck there,Then take it to court,(THEY HATE THAT) First Time up use the duty solicitor to enter a no plea,
(They hate that too).This will give you time to apply for legal aid,(They hate that even more)So far this should cost you nothing,
When you go to court for the second Time enter,No plea again and demand full disclosure of all evidence by the cop involed,By the way you should by this time have applyed to have the case heard in your local court as well,(make em, work for it.)This is your right so use it.On your third court date you will have all the evidence and detailed statment from the copper involved.You and your legal aid rep, can now argue every point of evidence,Things to look for in the cops statment is time of offence,If the cop has not stated the offence took place at appoximately a time,but rather stated a set time,you can challenge his time keeping.
This may sound like a small thing but it works, as the cop is not allowed to state a set time,His speed gun evidence is only a very small part of the picture,Challange his perseption of weather conditions,Challange the positioning of the road signs.
If you have even a half assed lawyer they will know these things
already.
Mate it may sound a bit far fetched but,I recevied training from the Australian Fedrel Police along with NIRTC,The fore most investigation and research training school in Australasia.
If you can draw it out an screw them around enough they will give it up as the costs to them are to high.If by chance you end up with a crap lawyer you can sack him in court and get yet another continuance.(They hate that more than anything)but it is your right so use it.If you do wish to do this,do so as soon as you are called to the bench,You do not have to give reason even if the Judge asks for it,Just be polite is all.If you play your cards right you will have the cop having to travel to your local court,not his,You won,t pay a thing in lawyers fees,You will cause the cop to write out his statement in triplicate along with any evidence he may have.Your appearance in court costs the state around $600 a time and you can only ever be made to pay a very small amount of that if you do lose.And then if they don,t get sick of being messed about,as a last resort you plea (no contest) just to let them know they have been played.Remember the fine can,t go up
so what do you have to lose??
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