Speeding ticket defended

[dpex]

Whomsoever posted the data regarding what one can obtain from the 'department' when choosing to defend a ticket is, hereby, awarded President Of The Planet!

I wrote off for and today received the officers radar-use 'log'. Bugger me if, right there at the top of the page is a big, hairy, gleaming mistake which, of itself, is sufficient to repudiate the charge.

I'm tempted to reply pointing out the manifest error, but I'm still going to go hard with my original defence. You never know, it might just cause some cops (not really sweet dudes like Scumdog:--))..) to back off from playing silly games.

I also requested the operational data for the radar unit but, as yet, have not received anything.

A hearing-date has been set for June, in the Huntly DC. I shall be applying to have the hearing moved to Waitakere.

I made the point, in my original letter to the police, that I don't mind a fair cop, but one such as I got was far from fair. So they can spend some time and energy hoisting the copping cop up to Auckland for the event....All for no return, as they will discover.:--))

[sinfull]

Whomsoever posted the data regarding what one can obtain from the 'department' when choosing to defend a ticket is, hereby, awarded President Of The Planet!

I wrote off for and today received the officers radar-use 'log'. Bugger me if, right there at the top of the page is a big, hairy, gleaming mistake which, of itself, is sufficient to repudiate the charge.

I'm tempted to reply pointing out the manifest error, but I'm still going to go hard with my original defence. You never know, it might just cause some cops (not really sweet dudes like Scumdog:--))..) to back off from playing silly games.

I also requested the operational data for the radar unit but, as yet, have not received anything.

A hearing-date has been set for June, in the Huntly DC. I shall be applying to have the hearing moved to Waitakere.

I made the point, in my original letter to the police, that I don't mind a fair cop, but one such as I got was far from fair. So they can spend some time and energy hoisting the copping cop up to Auckland for the event....All for no return, as they will discover.:--))

Good luck David ! I believe you would class a fair cop as such too, i might add !
Defend it as you see fit and i wish ya the best !

[CookMySock]

So they can spend some time and energy hoisting the copping cop up to Auckland for the event....All for no return, as they will discover.:--))

I think if the offense was in that area, they can insist it be processed in the nearest court.

Steve

[Toot Toot]

I think if the offense was in that area, they can insist it be processed in the nearest court.

Steve

You can apply for it to be heard in your local district court. The Judge decides on the day.

[CookMySock]

You can apply for it to be heard in your local district court. The Judge decides on the day.

That is correct, but there are "court rules" and those rules state that either party can insist that a district court closer to where the offense was allegedly committed be used.

Steve

[marty]

he's correct - a defended hearing will almost always be heard in the court nearest to where the offence occurred, unless there are significant reasons to not have it there (public interest etc), and BOTH (ie you AND the Police) agree to it being heard in a court 'not' being the one the information was laid in.

4 Place of hearing of information
(1) Unless an order is made under the succeeding provisions of this section or under section 4A of the District Courts Act 1947, or unless there is a statutory provision to the contrary, every charge shall be heard and determined in the Court in the office of which the information is filed.
(2) Any District Court Judge or Justice or Community Magistrate may order that a charge shall be heard and determined by some other Court.
(3) The Registrar may, with the consent of each party, order that a charge be heard in some other Court

[peasea]

Whomsoever posted the data regarding what one can obtain from the 'department' when choosing to defend a ticket is, hereby, awarded President Of The Planet!

I wrote off for and today received the officers radar-use 'log'. Bugger me if, right there at the top of the page is a big, hairy, gleaming mistake which, of itself, is sufficient to repudiate the charge.

I'm tempted to reply pointing out the manifest error, but I'm still going to go hard with my original defence. You never know, it might just cause some cops (not really sweet dudes like Scumdog:--))..) to back off from playing silly games.

I also requested the operational data for the radar unit but, as yet, have not received anything.

A hearing-date has been set for June, in the Huntly DC. I shall be applying to have the hearing moved to Waitakere.

I made the point, in my original letter to the police, that I don't mind a fair cop, but one such as I got was far from fair. So they can spend some time and energy hoisting the copping cop up to Auckland for the event....All for no return, as they will discover.:--))

Go hard.

Then, have a good day in court.

[R6_kid:Me]

You gonna charge them a chocolate fish each if you come out on top?

[nsrpaul]

good luck, last time I questioned police conduct I was caught out by the officer being a bigger liar than I planned on

hope you take it to em

[Winston001]

I wrote off for and today received the officers radar-use 'log'. Bugger me if, right there at the top of the page is a big, hairy, gleaming mistake which, of itself, is sufficient to repudiate the charge.

We'll all be interested to hear how you get on.

The only way you can have the charge transferred to another Court is by intimated guilty plea. Otherwise you are stuck with the Court where the information (charge) is laid.

[emaN]

I challenged mine recently, & requested a hearing.
Got a phone call two days before the court date from the copper saying the charges were to be dropped, due to an error on his part (interestingly, one which sounds similar to the one you found on the "log"). The prosecutor rang later on in the day to confirm, so I asked him to fax it through...just in cases

Makes me wonder how many others 'paid up' that day, when they could've saved themselves coin & points.

[CookMySock]

good luck, last time I questioned police conduct I was caught out by the officer being a bigger liar than I planned on

Exactly! This is why it is very important to not try and engage them using THEIR tools - they are WAY too expert at using said tools, and they WILL beat you with them.

I challenged mine recently, & requested a hearing.
Got a phone call two days before the court date from the copper saying the charges were to be dropped, due to an error on his part

Yeah, egg on face in front of the judge is not a good look.


Steve

[Brett]

I challenged mine recently, & requested a hearing.
Got a phone call two days before the court date from the copper saying the charges were to be dropped, due to an error on his part (interestingly, one which sounds similar to the one you found on the "log"). The prosecutor rang later on in the day to confirm, so I asked him to fax it through...just in cases

Makes me wonder how many others 'paid up' that day, when they could've saved themselves coin & points.

What are these "log" errors you guys are mentioning

[dpex]

What are these "log" errors you guys are mentioning

The 'Law' is a very precise system. Everything written must be accurate. 'Almost accurate' is not sufficient warrant.

In my case, the officer's log entry shows he mistakenly wrote 17th March then, realising his mistake, and instead of completing a new form (log) he simply changed the date to the 18th. Now the form shows him completing his log on either the 17th or the 18th.

That silly mistake is sufficient to to have the matter discharged.

As I've asserted in earlier posts; track-days and some racing has removed my need to go hard on the roads. In the event I become careless, then I have no problem with paying, but the cop I copped was not a fair cop.

He was parked, facing away from me; on the same side of the road, and nearly 700M distant.

I came into a 70K zone from a 100K zone with a bloody great NZPost truck a few hundred metres behind.

BTW: Having watched Ray Clee amble along toward the start-grid at Puke, at about 10Kph, hands off (look at me Ma!) I've taken up that which is probably a bad habit, but a fun one. From a prescribed distance from a 100K zone into a lesser, I like to sit up, hands off, and let the engine breaking slow me.

There's two tests in this silly habit. The first is being able to sit on the bike hands-free as it slows, without wobbling all over the road....I'm getting there....While the second is to judge the exact moment to snap the throttle closed, hands off the bars, and enter the zone at the exactly required speed. I'm getting really good at judging that.

And that's precisely what I did on the morning of the cop. So I know the cop's radar saw the truck behind, and not me.

Moreover, there's no way in the world could the cop have been sitting in his car, facing away, watching me in his mirror, and accurately determined I had passed into the 70K zone at 101Ks.

These matters I shall argue in court, but if they fail, then I'll produce the log showing the fault mentioned above. Either way, I'll win.

[geoffm]

Best of luck - my experience is the cops lie like a carpet in court. Why doesn't pergery apply to them?