Summons

**Skyryder** · 6th March 2009, 10:09

You ignore a summons at your own peril. It is an instruction from the Court.

Judges do not like to be ignored.

Skyyrder

**Jantar** · 6th March 2009, 20:19

Originally Posted by Skyryder

You ignore a summons at your own peril. It is an instruction from the Court.

Judges do not like to be ignored.

Skyyrder

True. But the summons is for 24/03/3009. Maybe the date is wrong and its actually for 13/04/2010? To comply with the summons he MUST turn up in court on 24/03/3009. I do believe that the sensible action is to advise the registrar of the court that the date is obviously wrong, and to ask for a new summons.

**Skyryder** · 7th March 2009, 15:27

Originally Posted by Jantar

True. But the summons is for 24/03/3009. Maybe the date is wrong and its actually for 13/04/2010? To comply with the summons he MUST turn up in court on 24/03/3009. I do believe that the sensible action is to advise the registrar of the court that the date is obviously wrong, and to ask for a new summons.

Yep it's a common sense thing.

24/03 is the kicker Seems obvious that 3 should be 2 for the 2009. Ya might be able to argue differently but I doubt it. I'd just turn up on the day and point out to the judge that the date was wrong. Might just put the someone in a good light.

**Boob Johnson** · 7th March 2009, 20:01

Originally Posted by The Stranger

So a mate (no, not me, I learned my lesson and only ride responsibly now) has just got his summons for a court date in 24/03/3009.

He's wondering if he needs to turn up for court on 24/03/2009 or just ignore it.
My advice - given that it's a dangerous driving charge is get a lawyer and ask him.

So does he need to turn up in 2009 or not?

What's a thousand years between friends?

**Rotorwarrior** · 8th March 2009, 11:20

My 5c worth. My nipper got done for careless use because he rear ended a lady driver who inadvertently went for a parking spot from the outside lane across the inside lane that he was travelling in and when she realised it wasn't a parking spot shot straight out again into the moving column of traffic (Auckland, corner of Ponsonby and Pollen heading West). he stayed, went by the book, reported the matter even offered the lady driver a lift home (her car had a mudguard touching wheel and needed towing). When he asked for disclosure without seeing a lawyer (BIG MISTAKE!!) He wrote to the courts (JP's) , submitted witness statements, videos and even statistics showing his case and suggested there was an element of doubt in their charge, he had never had an infringement or fine, had a full clean drivers licence from UK and NZ and he had voluntarily just done a AA defensive drivers course and accepted the leniency of the courts without appearing - They fined him $400 and court costs and also filed a conviction against him that he was unaware of - the letter he got was headed Fine & reparation and nowhere on any document did it refer to any conviction. When he applied for citizenship - turned down - because of a bumper bashing..........

A lawyer (Melanie Coxon www.lawyerhelp.co.nz ) subsequently vacated the plea, had the case heard again and he was discharged without conviction - the gravity and resulting effects of the original conviction was hugely disproportionate to the offence. Discharged without conviction under S106 of the act.

Hugely distressing in a family.

If I had gone to her in the first place, it would have been simple Much Cheaper!!! and achieved the result in the first place......

When you're in the (legal) jungle - get yourself a good guide !!!!!

What I can tell you is the best advice I have come across for dealing with the Police in New Zealand, I found on Youtube as follows:-

http://www.youtube.com/watch?v=DE3nZV-nmQo

And having had a few dealings with them now - thats about the truth of it.

Tell your mate to get a lawyer, fix the date error voluntarily and defend as best he can through the lawyer.

**peasea** · 9th March 2009, 14:09

Originally Posted by Rotorwarrior

My 5c worth. My nipper got done for careless use because he rear ended a lady driver who inadvertently went for a parking spot from the outside lane across the inside lane that he was travelling in and when she realised it wasn't a parking spot shot straight out again into the moving column of traffic (Auckland, corner of Ponsonby and Pollen heading West). he stayed, went by the book, reported the matter even offered the lady driver a lift home (her car had a mudguard touching wheel and needed towing). When he asked for disclosure without seeing a lawyer (BIG MISTAKE!!) He wrote to the courts (JP's) , submitted witness statements, videos and even statistics showing his case and suggested there was an element of doubt in their charge, he had never had an infringement or fine, had a full clean drivers licence from UK and NZ and he had voluntarily just done a AA defensive drivers course and accepted the leniency of the courts without appearing - They fined him $400 and court costs and also filed a conviction against him that he was unaware of - the letter he got was headed Fine & reparation and nowhere on any document did it refer to any conviction. When he applied for citizenship - turned down - because of a bumper bashing..........

A lawyer (Melanie Coxon www.lawyerhelp.co.nz ) subsequently vacated the plea, had the case heard again and he was discharged without conviction - the gravity and resulting effects of the original conviction was hugely disproportionate to the offence. Discharged without conviction under S106 of the act.

Hugely distressing in a family.

If I had gone to her in the first place, it would have been simple Much Cheaper!!! and achieved the result in the first place......

When you're in the (legal) jungle - get yourself a good guide !!!!!

What I can tell you is the best advice I have come across for dealing with the Police in New Zealand, I found on Youtube as follows:-

http://www.youtube.com/watch?v=DE3nZV-nmQo

And having had a few dealings with them now - thats about the truth of it.

Tell your mate to get a lawyer, fix the date error voluntarily and defend as best he can through the lawyer.

I find it curious that we (members of the public) have to pass the cops' "attitude test" but the reverse doesn't apply.

**Finn** · 9th March 2009, 14:18

How about jury service? I was sent a letter and threw it in the bin. I'm the last person you want on a jury.

**Morcs** · 9th March 2009, 15:02

Originally Posted by The Stranger

So a mate (no, not me, I learned my lesson and only ride responsibly now) has just got his summons for a court date in 24/03/3009.

He's wondering if he needs to turn up for court on 24/03/2009 or just ignore it.
My advice - given that it's a dangerous driving charge is get a lawyer and ask him.

So does he need to turn up in 2009 or not?

Anyone I know?

For dangerous, you MUST appear before the court as its an actual conviction.

For things like exceeding 100, you can plead guilty by post, and not have to go to court - however, if you plead guilty with mitigation, then you still go to court.

**CookMySock** · 9th March 2009, 15:45

Originally Posted by peasea

I find it curious that we (members of the public) have to pass the cops' "attitude test" but the reverse doesn't apply.

The reverse does apply. You can have all the attitude you like, provided you are fair and square legal. Make sure you are fully legal, and then tell the fuzz to get bent - thats not against the law either.

Last time I was on the phone to the fuzz, they hung up on ME!

I went to pass today where I shouldna. I see the cops up the road so I pull back in. It's not against the law to ALMOST pass where you shouldn't.

Steve

**peasea** · 9th March 2009, 15:55

Originally Posted by DangerousBastard

The reverse does apply. You can have all the attitude you like, provided you are fair and square legal.

To a degree I disagree. In some, perhaps even in most cases where you are approached by the cops and you're sober, legal and done nothing (ie; a 'routine check' aka fishing expedition) you might get away with verbal murder but believe me (coz I've been there) you can get locked up on a trumped up charge and then the fuckers withdraw it the next morning.

Tell that to the PCA and you've just wasted another tree. Some cops do what the fuck they want and get away with it, thanks in no small part to their whatewashing machine.

**peasea** · 9th March 2009, 16:00

Originally Posted by Finn

How about jury service? I was sent a letter and threw it in the bin. I'm the last person you want on a jury.

Naughty naughty, they don't like that. I was excused recently (key position etc, funnneeeee) but to ignore it is a no-no. There'll be a lynchin'.

I don't think I'd make a good jurer either being racist redneck cop hater. Not a good look if you're an Asian cop on a charge of kiddie fiddling.