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

[swbarnett]

Not often do you see somebody using so many words proclaiming they are just another tosspot.......

can't be arsed reading all that drivel, .....
Dinosaurs principals being as extinct as the species itself

karma being the bitch it is, I am sure you get what you deserve

You don't like freedom then? You're happy to be a slave to the whims of the few?

[Kartik]

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.

Kudos to you man! Well done for standing up for your rights.

[dinosaur]

Dinosaurs principals being as extinct as the species itself

Not that you'd know much about principals now would you

karma being the bitch it is, I am sure you get what you deserve

Is that what happened to you? Poor thing, you must of had a hard life

I hope things get better for you - and what ever it is that you are inflicted with .... comes right for you

[dinosaur]

You will be asked if you came to a complete stop.Cop will be asked if you came to a complete stop -you canguess whose sorry the judge will believe.--so you need proof of innocence.

how's that VX800 going

[caspernz]

Interesting read. Good on you for having a go in the court system, not many of us have either the time or the inclination to take that route. Come to think of it, that was quite likely the thinking when the officer in your case wrote the TON.

BTW - Situational awareness is one of those skills one picks up over time...

[pritch]

karma being the bitch it is, I am sure you get what you deserve

It would seem he already did - he was discharged.

[Old Steve]

Congratulations! Well played that man!

[Trade_nancy]

Not often do you see somebody using so many words proclaiming they are just another tosspot.......

can't be arsed reading all that drivel, .....
Dinosaurs principals being as extinct as the species itself

karma being the bitch it is, I am sure you get what you deserve

Sheesh..I know how you feel..I wish I hadn't just read your gob-shite..

[biketimus_prime]

Well done and congratulations!

[Swoop]

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.

Not that you'd know much about principals now would you

The head of a school?
Principles are entirely different. Don't ask a policeman about these.

[Murray]

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.

An upstart - hes a bloody dinosaur!!

Well done pete your shout next wednesday

[Big Dog]

Good stuff. I'm not for barking up every ticket but in this case there was just reason as shown by the outcome.


Stupid phone / Tapatalk, apologies in advance.

[dinosaur]

not many of us have either the time or the inclination to take that route.

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

[husaberg]

Not often do you see somebody using so many words proclaiming they are just another tosspot.......

can't be arsed reading all that drivel, .....
Dinosaurs principals being as extinct as the species itself

karma being the bitch it is, I am sure you get what you deserve

Akezels admiration? Wow karma is indeed a bitch.........

hurrah!
10mfchar

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....... In a democracy, we are free only so long as citizens are willing to stand up for freedom.

I am all for standing up for injustice... but if you added up the time involved in fighting it ..........(yes morals and fighting for justice has no price)

One question though, now that's its over.... did you actually stop...........

[Paul in NZ]

Good onya...