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Thread: Advice for fighting an Infringement Notice - for not putting my foot down?

  1. #121
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    Thanks for sharing your story

  2. #122
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    Quote Originally Posted by husaberg View Post
    One question though, now that's its over.... did you actually stop...........
    If the cops didn't see it couldn't prove it, he didn't do it!
    ----------------------------------------------------
    Quote Originally Posted by PrincessBandit View Post
    I realised that having 105kg of man sliding into my rear was a tad uncomfortable
    "If the cops didn't see it, I didn't do it!"
    - George Carlin (RIP)

  3. #123
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    Quote Originally Posted by dinosaur View Post
    Today I went to court – to defend myself against the word of a Police Officer – actually a Police Sargent, who stopped me and issued me with an infringement notice (fine) for failing to stop at a rail crossing.
    He claimed I didn’t come to a complete stop, I claim I did
    His assumption was because I didn’t put my foot down then I didn’t come to a complete stop
    It came down to his word against mine – and as many would tell you; the New Zealand Courts always find in favour of the Police – this needs to be challenged, the police need to present evidence beyond just a testimony from them
    My case summary was a bit OTT but won the day for me – earning a commendation from the Magistrate, and charges dismissed.
    My rant:
    I should be Presumed innocent until proved guilty:
    What proof has the crown presented? The testimony of the Officer only
    What the prosecution is asking you to accept is; when a Police Officer stands before the court accusing a free citizen, his testimony alone amounts to enough evidence to presume guilt, that they need not present any further evidence in this case
    Yet under the New Zealand Bill of Rights Act 1990, Section 25 Minimum standards of criminal procedure, it reads; “Everyone who is charged with an offence has: the right to be presumed innocent until proved guilty according to law:
    The presumption of innocence means the burden of proof rests with the Crown, not with the accused. If you are accused of a crime, you do not need to prove that you are innocent – your innocence is the starting assumption, the Crown must prove that you are guilty.
    If the police wish to sit at a compulsory stop, run a campaign of awareness and know this is what they are doing on this particular day – why have your camera on the vehicle pointing away from the railway crossing? Why not employ the camera that is on every police issued cell phone, or set up a camera at the crossing?

    Why is this important to me, why don’t I just pay the fine; I want to talk about …. the rule of law
    The free citizens of New Zealand cannot go about our business if we are subject to the arbitrary will of others – be it other private citizens or government officials. If a thug can beat you up and take your stuff, you are not free.
    Nor are you free if a government official can accuse you of breaking the law without evidence, fine you or take your money at their discretion. Free people live under the rule of law, not the rule of men.
    If an officer can simply fine you, and is not called on to prove guilt, and they are left to actively go about their business in that arrogant manner – then where is our freedom
    This shows little or no respect for fundamental principles of justice
    Shifting the burden of proof from state agencies to the people does not merely expose citizens to injustice, but it reduces government agencies’ incentive to conduct their inquiries to a high standard. It is a licence for incompetence
    As evidenced in this case where; the Police run a campaign – not just a routine Police stop – a campaign they have planned; they selected the rail crossing in advance – and yet no one gives any thought to setting up a camera or a radar, or even setting up with a clear view of the crossing, or any means of proving if a vehicle came to a stop! why have your camera on the vehicle pointing away from the railway crossing? why not use the camera on your phone?
    Another principal of Law in a free society is:
    You are permitted to do anything that is not expressly illegal.
    The officer sore fit to note that I had a ‘Radar’ on board – why? They are legal
    I wasn’t breaking or being accused of breaking any speed limits, it adds nothing to the Crowns case alleging I failed to stop? Yet it influenced the officers decision, and I have no doubt it influenced the decision of the prosecutor to bring this case to court
    In a free society you do not need to seek permission from the authorities to do something that is lawful. This principle is a close relative of the presumption of innocence. You should not be treated any differently by those charged with upholding and enforcing the law as a result
    Not only did this officer wrongly apply the law – believing I am required to put my foot down to stop, but he further erodes my rights as a free citizen by effectively fining me for having a radar detector – even though it is a completely lawful thing to have and use
    This may seem a trivial case to most – however I remind you all that the cost of freedom is eternal vigilance. In a democracy, we are free only so long as citizens are willing to stand up for freedom.
    You sound like a right trouble maker. How dare you question the word of a NZ law enforcement officer.
    I think you can expect a ticket or two for doing 101kmh, broken tail lights etc.Click image for larger version. 

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    Seriously though, good on ya for sticking it to the pigs.

  4. #124
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    31st October 2012 - 11:39
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    Thats the question

    Quote Originally Posted by husaberg View Post
    One question though, now that's its over.... did you actually stop...........
    As I approached the crossing you could the two officers along Holland Road, one officer already had a car pulled over issuing an infringement notice - so of course I came to a complete stop

    The crossing is raised up higher than the road - so when you stop you are stopping on an incline - making it rather easy to stop, let the bike creep backwards while you check for trains, then pull forward on the clutch and off you go - no need to put your foot down

    I was not expecting them to pull me over - I did think about my rego - the rego sticker on the bike had expired however I had renewed it on line that morning.
    Live long and prosper ……………… or ride a motorbike

  5. #125
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    ....well done Sir!


    Quote Originally Posted by dinosaur View Post
    I didn't really have the time either - but felt it just needed to be challenged
    far too many are being pinged for minor infringements that they did not commit and don't challenge it because they are busy and the system is slow and frustrating - easier to just pay the fine
    But I have observed an erosion of professionalism from our public services, a complete arrogance that they can throw their weight around and stand up in court and they know they will get the support of the magistrate

    Most Police are fair minded people just doing their job

    But some are arrogant and treat the citizen appallingly - imping our civil liberties without a care for them

    I have been offended at the actions of a few lately - a 14 year old girl had her teeth knocked out by a male officer when he mistook her for a party goer in town
    Police complaints dismissed it for lack of evidence

    Elderly lady has a heart attack and runs of the road, Police visit in hospital and issue a ticket for careless driving .....WTF

    woman stops to attend to her child who has stopped breathing - while in attendance and waiting for the ambulance she is given an ticket for improper parking ?

    A group of us doing about 100 ks (we had seen the officer ahead) the Police pull out one rider and issue an infringement for 116k's

    I could go on but you get my point
    I don't think my case will change much - but everyone stood up it will

    Good to see someone making a stand against such a BS fine...I too don't put my foot down every time I stop and was quite surprised you got a ticket ....failing to stop?


    Quote Originally Posted by Swoop View Post
    Jolly good show! Well done indeed.

    Just a word of warning, the local plod will probably want to keep "an eye on you" as an upstart and troublemaker... Best keep a sharp lookout.
    Hate to say it....but This +10

    Alot of em sure as shit don't like there word being "challenged"...most are nice folk doing a tough job...but sadly there's some real dodgy power tripping thugs in the force now. ...lets hope he's one of the nice popo


    again, well done for standing up for your RIGHT! to question the ticket

    When Life thows me a curve
    ...I lean into it!

  6. #126
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    Quote Originally Posted by willytheekid View Post
    Alot of em sure as shit don't like there word being "challenged"...most are nice folk doing a tough job...but sadly there's some real dodgy power tripping thugs in the force now. ...lets hope he's one of the nice popo


    again, well done for standing up for your RIGHT! to question the ticket
    nothins changed in 30yrs, most of the MOT in the old black an whites were power tripping mongrels, i think in the last 15 yrs i have only come across one cop that i would consider a mongrel and he was run out of town (no make that two, was the arsehole at the bottom of the kaimais as well), all the others that i have dealt with have been pretty good and a lot have let me off with warnings.

  7. #127
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    Nice work!

  8. #128
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    Well worded defence Pete
    I Used to jog but the ice cubes kept falling out of my glass

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