new help/advice as I have received chargesheet

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bigbuddy
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Joined: Tue Jan 13, 2015 5:24 pm

new help/advice as I have received chargesheet

Postby bigbuddy » Fri Apr 10, 2015 7:54 pm

Hi All,

I was booked in december last year on boxing day, and opted to go to court as I was forced to speed because I was on very steep downhill and there was one tail gater right behind bumper to bumper. I was with family so couldn't afford to take chance in hard break otherwise it would have been crash and hence I just let it go on downhill. However, as soon as I got an opportunity I moved on to left lane to let him go. Then while going uphill (I am assuming as I dont know when he would have lasered me) he booked me at 100Kms in 70Kms zone. I explained it to copper and he wouldn't listen, he goes I can give some leeway due to steep downhill but not 30Kms. He handed me ticket with $400+ fine and one month off. I said to him I have clean record never had any ticket, he checked it and said yes you are right you have no tickets and record is clean but I can't do anything, you go to court and try your luck there to explain. After reading it here and other cases I don't think I have any chance.

Anyways, now I have received court paper. I read papers and also read lots of Sean's cases and I couldn't find anything wrong in the charges. I dont think I have any defence. However, one thing interest me is this. In the fact document it says that Leading Sargent WILL give evidence of blah..blah..blah. etc.. it is all in future tense i.e. he WILL give evidence that he checked that all light lit up when device was connect..He will give evidence that it was clear weather without any thing in between line of sight and car etc..etc..there are lots of statements with He will...

My question is, is this normal language in chargesheet?

Sorry Sean I can't afford your fees otherwise I would have engaged you. Also license loss for a month is not a big deal for me as I travel by train. But I am concerned that it will shoot up my insurance policy at next renewal for sure. I requested to get it heard by judge thinking that he will understand and consider my situation. However after reading all forum it looks like it will be cop's words with weight so no point in attending and taking a day off from work. Now, since I don't think I have any defence. Is there anything I can do to get away with $400+ fine please? i.e. go there and pledge guilt etc.. or pledge guilty to speeding but not 30Kms etc. Any advice would be helpful.

cheers
B

Hardy
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Re: new help/advice as I have received chargesheet

Postby Hardy » Fri Apr 10, 2015 8:09 pm

There is no easy way to win a speeding case unless the police offer you a winning point on a platter - and even then you will not even notice it unless you are legally trained because you won't notice non-compliance on their part unless you know all the legislation and regulations they have to comply with.

The hard way to win a speeding case is to try proving the police are wrong.

A guaranteed way to lose a speeding case is to admit you exceeded the speed limit.

Unless you want to end up in the Supreme Court running a McWhirter appeal the contents of the police brief are irrelevant.

bigbuddy
Posts: 10
Joined: Tue Jan 13, 2015 5:24 pm

Re: new help/advice as I have received chargesheet

Postby bigbuddy » Fri Apr 10, 2015 8:49 pm

Hardy wrote:Unless you want to end up in the Supreme Court running a McWhirter appeal the contents of the police brief are irrelevant.


Wow, that was a quick reply Sean... thanks.

I hear you mate but I don't have that luxury to afford your service. All I can say is I have $400+ that I have to pay as per the ticket I don't want to spend anymore on this. Any advice to save that money? I dont care about license as it is only a month and it is mandatory so judge won't be able to do anything, is that fine mandatory as well or judge can show leniency considering my prior is clean, not even a parking ticket.

Hardy
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Re: new help/advice as I have received chargesheet

Postby Hardy » Sat Apr 11, 2015 9:50 am

The fine has gone - you cancelled it when you took the case to court. The magistrate is not reviewing the infringement notice. The court decides how much your fine will be if you are found guilty.

BN2
Posts: 177
Joined: Fri Aug 12, 2011 1:18 pm

Re: new help/advice as I have received chargesheet

Postby BN2 » Sun Apr 12, 2015 11:24 am

bigbuddy wrote:Hi All,
However, one thing interest me is this. In the fact document it says that Leading Sargent WILL give evidence of blah..blah..blah. etc.. it is all in future tense i.e. he WILL give evidence that he checked that all light lit up when device was connect..He will give evidence that it was clear weather without any thing in between line of sight and car etc..etc..there are lots of statements with He will...

My question is, is this normal language in chargesheet?


Normal for a full/preliminary brief.

Its saying "LSC SMITH will give evidence of the following at court". You have elected for it to go to court. This is the evidence the police will give.

chandi
Posts: 109
Joined: Fri Jul 06, 2012 9:04 pm

Re: new help/advice as I have received chargesheet

Postby chandi » Mon Apr 13, 2015 9:25 pm

bigbuddy wrote:
I hear you mate but I don't have that luxury to afford your service. All I can say is I have $400+ that I have to pay as per the ticket I don't want to spend anymore on this. Any advice to save that money?

Court imposed fines can be converted to community service. Hopefully it would be less than $400 and you could pay off with 1-2 days work.
https://www.magistratescourt.vic.gov.au ... osed-court

bigbuddy
Posts: 10
Joined: Tue Jan 13, 2015 5:24 pm

Re: new help/advice as I have received chargesheet

Postby bigbuddy » Wed Apr 15, 2015 11:14 am

Hardy wrote:The fine has gone - you cancelled it when you took the case to court. The magistrate is not reviewing the infringement notice. The court decides how much your fine will be if you are found guilty.


Thanks. Ah good to know. I am planning to plead guilty I hope that don't put same fine again + license for a month.

bigbuddy
Posts: 10
Joined: Tue Jan 13, 2015 5:24 pm

Re: new help/advice as I have received chargesheet

Postby bigbuddy » Wed Apr 15, 2015 11:15 am

BN2 wrote:
bigbuddy wrote:Hi All,
However, one thing interest me is this. In the fact document it says that Leading Sargent WILL give evidence of blah..blah..blah. etc.. it is all in future tense i.e. he WILL give evidence that he checked that all light lit up when device was connect..He will give evidence that it was clear weather without any thing in between line of sight and car etc..etc..there are lots of statements with He will...

My question is, is this normal language in chargesheet?


Normal for a full/preliminary brief.

Its saying "LSC SMITH will give evidence of the following at court". You have elected for it to go to court. This is the evidence the police will give.


Thanks BN2, that helps. I thought it was unusual.

bigbuddy
Posts: 10
Joined: Tue Jan 13, 2015 5:24 pm

Re: new help/advice as I have received chargesheet

Postby bigbuddy » Wed Apr 15, 2015 12:02 pm

Thank you all it has been great help.

However, 1 last question and advice.

As I said I am planning to plead guilty, would it make it any worse if I just don't turn up at the hearing. If it doesn't then I am thinking there is no point in going there at all and just serve one month suspension and pay any fine that imposed.
or should I attend and plead guilt and ask for lesser fine etc (as license loss is mandatory)

I promise this is last question LOL and thank in advance.

chandi
Posts: 109
Joined: Fri Jul 06, 2012 9:04 pm

Re: new help/advice as I have received chargesheet

Postby chandi » Sun Apr 19, 2015 9:23 pm

bigbuddy wrote: should I attend and plead guilt and ask for lesser fine etc (as license loss is mandatory)

If you want a lesser fine, you probably should do that...?
(unless you want to end up in the Supreme Court running a McWhirter appeal, like Hardy has pointed out.)
If you want to say you were in fear of your life due to the tailgater, the only way is to attend court, isn't it?

bigbuddy
Posts: 10
Joined: Tue Jan 13, 2015 5:24 pm

Re: new help/advice as I have received chargesheet

Postby bigbuddy » Mon Apr 20, 2015 9:36 am

chandi wrote:(unless you want to end up in the Supreme Court running a McWhirter appeal, like Hardy has pointed out.)


Thanks Chandi,
Certainly not looking forward to all the way to Supreme Court, as A) I don't think I have any solid defence and B) Money to spend on fighting.

chandi wrote:If you want to say you were in fear of your life due to the tailgater, the only way is to attend court, isn't it?

Thank you it helps allot, I have date this Wednesday will attend and give my best shot lets hope it works out. :)

Once again thank you all, it is very helpful forum.


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