Ah, ok, I am pretty new to this. It was sworn at Wellington on the 25th day of May 2006. so it looks like is a go.Originally Posted by Patrick
Forum whore
Ah, ok, I am pretty new to this. It was sworn at Wellington on the 25th day of May 2006. so it looks like is a go.
Salted Pork
I still think you could have a pretty reasonable chance of claiming unfair disadvantage due to the delay in receiving the summons and / or disclosure.
Forum whore
Ok, I will speak to the lawyer on that one thank you.
However having been to court, disputes and arbitration numerous times, mostly as a result of construction claims, the one thing I know only too well is anything can, and usually does happen. I really have seen some left field shit which defies belief.
So I wish to be prepared. To this end can you guys tell me the format please? i.e I am guessing there is a single judge or similar whom will decide the case?
What is the standard of proof?
For example, it would appear that in the family court it need only have possibly happened for a decision to be decided. A mate of mine, when he cut off the additional money to the ex she claimed he had been fiddling the kid. He was never charged or anything, no medical evidence was produced. He initially lost access to the kid, then after significant cost to him and us (after all we paid for her lawyer, the court (many times), the lawyer for the kid and the psychologist reports) he was allowed supervised access.
I gather the disputes tribunal is on the balance of probability.
I guess where I am coming from is this. She (and I gather the police) says that overtaking on a bridge is dangerous. I say it is not (at least in this circumstance) do they have to prove that it is dangerous or does the judge (or whatever) simply make his own mind up? i.e how is dangerous decided?
Tornado Alley
Prosecution must prove beyond reasonable doubt. You don't have to prove your innocence, but...
- Take some photos of the scene and show the bridge is a flat piece of road with awesome visability.
- Measure the lanes and your vehicle to show you could drive a bus through there.
Just cos someone got a fright doesn't make it dangerous... it just makes them look like they were unaware of their surroundings...
Kiwi back at home!
ummm patrick if the bridge cant fit two buses on it it would be marked as one way......
Also the lane markings showing two distinct lanes also show that the road is of correct width
But hey I would struggle to join the cops aye...
Tornado Alley
A picture is worth a thousand words.... and no, you probably wouldn't struggle to join. You can now...
The buses comment is a figure of speach...
Forum whore
Just did that. I was traveling in the direction where there was no yellow line, and clear view starts further back than my shot.
Whilst out there I saw 5 log trucks, which is what I was alluding to earlier. If it is not safe for me to travel in the same direction, imagine how she would have reacted to that.
The lanes are 3.7m each side. A car is about 2m wide.
So, worst case scenario 7.4m(total width) - 4m(2 cars) = 3.4m
3.4m divided by 3 lands = 1.13m
So in theory there would have been 1m each side of each vehicle.
Forum whore
Fark, what an eye opener.
Got to be quick and get back to court soon.
So far I have been there since 9:00.
All I wish to do is enter e not guilty plee and obtain a status date, but already it has cost me 5 hrs. Seriously considering pleading guilty just to get the hell out of there as there may be another 2 appearances.
Either way I loose. Damn I hate that.
But it is interesting none the less.
First off I am like a glow worm.
Second, the number of cases where people come up and there are subsequent or other charges pending and/or warrants outstanding and/or with many many multiple charges is incredible.
One guy driving whilst disqualified for the dozenth time just got a further six months disqualification from today, no costs. What? Like he is not going to do it again?
Easy to see why they (disqualified drivers) are over represented in accident stats.
Take their bloody cars, easy to drive without a license, hard to drive without a car.
The 2nd-most bad arse KBer.
You'll be sweet can.
The system is this(traffic related charges), Charge first, ask questions later (or never) and let the corts deal with it.
If you have any sort of defence you will usally/easily win.
The stratergy to have is, Clearly state your case. Then pick holes in the witnesses evidence (you get the option to ask them questions) If they say ONE thing wrong eg color of the car, time of the day, date of the day [get them to say 2PM TUESDAY THE 4TH OF MARCH as the date (the format not the date) if they get it wrong, you get off- ( thats how I got off driving while disqualified).
Any lawyer worth his bill will do this all for you though. But Even if you pick holes, and the judge doesnt like you he can still charge you, just him get on side and its a pice of piss mate)
In my case, the witness keeped mumbling and my lawyer keeped (almost yelling) asking him to speak up, the judge got real angry at the witness and even made him say "look at me, stop mumbiling" which was cool. And the bit about calling him a liar was nice.
Rm
Then I could get a Kb Tshirt, move to Timaru and become a full time crossdressing faggot
Hardcore Biker
mmmm... Irish Girls....
5 Star Surgeon General
Been there done that, its incredibly frustrating huh? When I was there it took me about 4 hours to enter a plea of not guilty and to get a hearing date set. On the day of the hearing I was told that the police had dropped the case within about 1/2 an hour of arriving but then had to wait over 2 hours untill my case was called and I could be 'officially' told. Arrragh!
If you plead guilty you can usually get away before morning tea. I think it was the registrar who told me that quite a few people change their plea from not to guilty so they won't have to wait so long.
I don't think i'd bother defending a $150 ticket again. Kinda different if its a more serious charge though I guess.
"They say that if I do bungy jumping too much, I might get brian damage."
"I don't even know who Brian is"
Highway Biker
Sounds like you had a great introduction tio the New Zealand Justice System.
I feel like I'm diagonally parked in a parallel universe.
Forum whore
That's an intersting article and I can understand the points for sure, but it still seems odd. I mean surely you can still alter the metadata at the byte level, accessing the binary data on the disc directly rather than the .jpeg itself through some 3rd party software, and alter a few hex offsets without leaving any evidence?http://www.abanet.org/lpm/lpt/articles/tch06061.shtml
think that proves it can be done from reading the first little bit so there
Kiwi back at home!
yes but I think that explains a way of documenting the image capture etc so that it is good as evidence, rather than proving that it cant be manipulated by smart pants type people
Forum whore
duh me.....*removes propeller cap*
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