Help with leagal matter.

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tim
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Re: Help with leagal matter.

Post by tim »

s man wrote: Its the not knowing that is upsetting. He could have told me what he was doing, Not just the parting words. "You get a fine in the mail" Which could be anything!
Maybe you'll get a piece of paper in the mail with the word "FINE" written on it. :roll:

Nelso any chance you could post the stuff from the other forum?
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Re: Help with leagal matter.

Post by Nelso »

tim wrote:Nelso any chance you could post the stuff from the other forum?
Nelso wrote:He can issue a ticket if he wants to but would be stupid to, as it would not hold up in court. To be able to estimate your speed he would have had to follow you for a set distance. As Wade said he has no proof of his accusation so no magistrate would allow it to be held up in court. I would ring his Seargent and complain about the rude and disrespectful way in which he spoke to you as well. Just in case he is stupid enough to issue the ticket, write down all of the details of which section of road, what time it happened, a description of the vehicle that he was following and for how long, if the cop had a partner, the details of the conversation word for word etc. and date and sign it and get your Mrs to witness and sign it as well; that way if it goes to court, your account of the events are more credible than if you try to recall the details a couple of months after the fact.
s man wrote:Yeah thats what I thought, if he could have given me a ticket he would have..
Thanks guys..
Nelso wrote:They often don't have a book with them in the GDs vehicle to write the ticket out on the spot so will take details and do it back at the station. Any cop can take your details at any time and fill out a ticket and send it out to you at a later time, even if they were off duty at the time of the alleged offence! There is still a chance that he might send one out, hence why I suggested getting a statement done now, just in case. It's a pity you didn't get his ID number as he would get a kick in the arse for the way he spoke to the two of you.
Leanne wrote:Unfortunately there are some people who are Police Officers who are arrogant and think they're above the average joe citizen. Sorry to hear that you seem to have come across one today as it's officers like that who make the rest look bad.

Any Police Officer can issue a Traffic Infringement notice via the mail and often will if they don't have an Infringement Book on hand, which is quite often the case for GD vehicles. They have 7 days to send it out in the mail, from the time of the offence where there is no further investigation required. Just make a record like Nelso said in his post, in case you do get one in the mail. Based on your version I would definitely go to court if it were me that got a ticket in those circumstances. If you do get a ticket, then before you go to court, find out the exact legislation or policy in relation to estimating speed for offences, as you will find that there are certain requirements of time and distance for following a vehicle at the same pace before an estimation can be accurate. Hopefully the Officer is not stupid enough to send you one out.
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Re: Help with leagal matter.

Post by pittster »

And this is why I did not get on my bike yesterday during Double demerit's. :kuda:

I have had a "you will get a fine in the mail talk before" and well 1 year later I haven't got it, so does that make it null (probably not).

Sounds like the guys just wanted to scare you/ego trip good post's from everyone.

I'm sure there are really nice good cops out there........ somewhere.
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Re: Help with leagal matter.

Post by s man »

I agree, there is great cops out there dont worry about that. But I think in this case, he was pissed off because I could safely overtake & he couldnt. Plus he has a pretty good looking young lady cop with him, so it might have been a chest beating thing..
Either way, the comments on here are great & very helpfull. I dont want to be blueing with any police officer, but in this case, it looks like I might have to... :?
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Re: Help with leagal matter.

Post by Nelso »

pittster wrote: and well 1 year later I haven't got it, so does that make it null (probably not).
Read the bit in the above post about them having one week to send it out. After a year, you are well and truly in the clear.
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Re: Help with leagal matter.

Post by Smitty »

Jonnymac wrote:First things first I would not worry about it until you have it in the mail. .....
I would.... because if it does turn up ind a few weeks or months time, your memory will not be 100% about this situation

so in the meantime, get it all down on paper..preferably write it up in full details as a 'Statutory Declaration'
state the facts as it happened. Time date place est speed at all times etc (don't get smart about the cops attitude)
just the facts as you know them. Also do the drive with the video and do a voiceover/narration on tape
..to match the Stat Dec. (get the Stat Dec signed in front of a JP or lawyer or Clerk of Courts etc)

If the matter does go to court and you turn up with written evidence with supporting evidence like the video...
it will certainly go in your favour .
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Re: Help with leagal matter.

Post by Kwakked Up »

Nelso wrote:
pittster wrote: and well 1 year later I haven't got it, so does that make it null (probably not).
Read the bit in the above post about them having one week to send it out. After a year, you are well and truly in the clear.

After 28 days they have to take out a summons. There is also a statute of limitations on certain offences which means no action can be taken after 6 months. :kuda:

There are some bloody good coppers out there, unfortunately it is only the dickheads that get a thread like this going. Wouldnt often see a thread about a great cop you met once. Just like everything there is good and bad in everything :cheesy:
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Re: Help with leagal matter.

Post by Nelso »

Kwakked Up wrote:There are some bloody good coppers out there, unfortunately it is only the dickheads that get a thread like this going. Wouldnt often see a thread about a great cop you met once. Just like everything there is good and bad in everything :cheesy:
I met this awesome cop once. Great sort, top chick and can ride a bike better than most blokes I know. Turns out she is the perfect woman, so I married her. :kuda:
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Re: Help with leagal matter.

Post by Gazza »

Nelso wrote:
Kwakked Up wrote:There are some bloody good coppers out there, unfortunately it is only the dickheads that get a thread like this going. Wouldnt often see a thread about a great cop you met once. Just like everything there is good and bad in everything :cheesy:
I met this awesome cop once. Great sort, top chick and can ride a bike better than most blokes I know. Turns out she is the perfect woman, so I married her. :kuda:



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Re: Help with leagal matter.

Post by Gosling1 »

Nelso wrote:
Kwakked Up wrote:There are some bloody good coppers out there, unfortunately it is only the dickheads that get a thread like this going. Wouldnt often see a thread about a great cop you met once. Just like everything there is good and bad in everything :cheesy:
I met this awesome cop once. Great sort, top chick and can ride a bike better than most blokes I know. Turns out she is the perfect woman, so I married her. :kuda:
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Re: Help with leagal matter.

Post by Smitty »

Nelso wrote:
Kwakked Up wrote:There are some bloody good coppers out there, unfortunately it is only the dickheads that get a thread like this going. Wouldnt often see a thread about a great cop you met once. Just like everything there is good and bad in everything :cheesy:
I met this awesome cop once. Great sort, top chick and can ride a bike better than most blokes I know. Turns out she is the perfect woman, so I married her. :kuda:

she must of been arresting... 8)
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Re: Help with leagal matter.

Post by seiko1 »

"Unfortunately there are some people who are Police Officers who are arrogant and think they're above the average joe citizen"
Good quote Leanne and exactly the reason for limiting Police powers, not giving them open slather to be judge and jury, estimating speed in this day and age is a sick joke
and easily taken advantage of..........just like the STUPID, Gestapo type anti association Laws ;)
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Re: Help with leagal matter.

Post by young1 »

seiko1 wrote:"Unfortunately there are some people who are Police Officers who are arrogant and think they're above the average joe citizen"
Good quote Leanne and exactly the reason for limiting Police powers, not giving them open slather to be judge and jury, estimating speed in this day and age is a sick joke
and easily taken advantage of..........just like the STUPID, Gestapo type anti association Laws ;)
We are punished for the sins of the few...why not the PoPo?
We got it easy Seiko..poor Fitzy he's got the RIOT SQUAD all over his ass . ;) :D :D
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Re: Help with leagal matter.

Post by seiko1 »

young1 wrote:
seiko1 wrote:"Unfortunately there are some people who are Police Officers who are arrogant and think they're above the average joe citizen"
Good quote Leanne and exactly the reason for limiting Police powers, not giving them open slather to be judge and jury, estimating speed in this day and age is a sick joke
and easily taken advantage of..........just like the STUPID, Gestapo type anti association Laws ;)
We are punished for the sins of the few...why not the PoPo?
We got it easy Seiko..poor Fitzy he's got the RIOT SQUAD all over his ass . ;) :D :D
:lol:
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Re: Help with leagal matter.

Post by Glen »

I got done up the old road a few years back with another member on double points weekend and got off it.

We'd turned onto the second part of the old road and I shot off ahead. Rider two was being followed by the cop but didn't realize. I pulled up at the end to wait, the cops comes howling up behind the other guy and pulls him up just short of where I stopped. He called me down to where he was and gave me a bit of " this bloke I caught doing 80 - 100 in a 60 and you had cleared off therefore you must have been going quicker" I wrote a letter to the SDRO told them the story pleaded that I regularly ride the road and hadn't been done for speeding on it and stated that I wasn't speeding, that I was just maintaining a constant 60 through the corners and in any case it was impossible for the officer to get a reading. Got a lett back giving me a warning but got off the fine and points. I hadn't been done in 10 years though.

I don't think you've got much to worry about. Good luck though just in case
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