Disputing 30kph over limit. Preliminary Breif Included

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andrew
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Disputing 30kph over limit. Preliminary Breif Included

Postby andrew » Thu Oct 06, 2011 4:41 pm

Hi Guys,

I have a few questions in relation to my scenario.

- What are my options about pleading not guilty? Do i have a decent case to stand on?
- What can be done to dispute false alleged facts made by the officer?
- What outcomes can i expect in a good scenario? i understand this can vary but please try to be spesific as possible.
- According to "Q. How can I dispute the speed reading alleged against me?" in trafficlaw.com.au FAQ;
Although not recommended , Spesific to my scenario, would it be possible to challange the speed reading? Especially with such a high difference.


Ill stick to the (alleged) facts and keep it short. However i would like to point out a few things.

- Alot of the Statements between the Officer and I are false, and did not occur and taken out of context.
- Certain conversations with the Officer and I have been deliberately left out.
- Officer did not explain that what i say can be used in a court of law. (does this matter? or have i watched to much Law & Order?)

Summons Overview


Statement of alleed facts


Accused explaination


Statement made by accused **word for word off breif**


Statement made by informant



Convicted Priors



Appreciate your help guys.
Last edited by andrew on Fri Oct 07, 2011 1:13 am, edited 1 time in total.

Hardy
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Re: Disputing 30kph over limit. Preliminary Breif Included

Postby Hardy » Thu Oct 06, 2011 5:05 pm


andrew
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Joined: Thu Oct 06, 2011 3:14 pm

Re: Disputing 30kph over limit. Preliminary Breif Included

Postby andrew » Thu Oct 06, 2011 5:10 pm

Hi Sean,

Firstly, thanks for your time. I know you are a busy man. I have had a long hard read throughout your website over the past few days and that is also the reason why i have included all of the spesific details of the charge/summons. Are you able to give any opinions or advice based on what i have already listed? eg How water-tight is the Police's case? Or do you need more infomation?

Can you elaborate on the issue that i was not advised what i say can be used in a court of law? Does that mean the conversation between the officer and mine are inadmissible? I intend to plead not guilty regardless of the outcome.

Hardy
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Re: Disputing 30kph over limit. Preliminary Breif Included

Postby Hardy » Thu Oct 06, 2011 5:25 pm

Are you planning on defending this yourself?

andrew
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Re: Disputing 30kph over limit. Preliminary Breif Included

Postby andrew » Thu Oct 06, 2011 5:29 pm

Hardy wrote:Are you planning on defending this yourself?


Surely Not, I am seeking representation from a professional. I was referred to you from Doogue & O'Brien Lawyers. This forum post is just my attemp to understand my situation better until i can approach a lawyer such as your self, in person.

oscar
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Re: Disputing 30kph over limit. Preliminary Breif Included

Postby oscar » Thu Oct 06, 2011 5:50 pm

pay sean $300 and get his advice

given the conversation, it's fair to say you were recorded and only the pertinent Q & A's are in the statement

why is this thread titled 30k's over ? what speed are you being charged with? i'm guessing 48k's over

good luck....you'll need it

Hardy
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Re: Disputing 30kph over limit. Preliminary Breif Included

Postby Hardy » Thu Oct 06, 2011 9:14 pm

A public forum is an inappropriate way to request personal legal advice.
The police member who booked you is probably reading this thread, so all the things I might normally tell a client I am unable to tell you here.

If you have a general or generic question, please ask it.

The police are not obliged to give a caution to you in most traffic cases.
There is a thread on this forum that addresses that issue.

andrew
Posts: 11
Joined: Thu Oct 06, 2011 3:14 pm

Re: Disputing 30kph over limit. Preliminary Breif Included

Postby andrew » Fri Oct 07, 2011 1:10 am

I understand. I shall be in contact in due time.

Day
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Re: Disputing 30kph over limit. Preliminary Breif Included

Postby Day » Fri Oct 07, 2011 1:55 am

andrew wrote:
- Alot of the Statements between the Officer and I are false, and did not occur and taken out of context.


Having read your post before it was edited; Which part was false and which part did not occur and taken out of context, bearing in mind Oscar's comment, regarding recording?

Hardy
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Re: Disputing 30kph over limit. Preliminary Breif Included

Postby Hardy » Fri Oct 07, 2011 5:55 am

I have never met a client who agrees with all the statements contained in a police brief.
It is not the accused who determines whether or not the police evidence is false.


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