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Old 06-02-2004, 04:05   #1 (permalink)
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Technicality?

I dont condone speeding and think that those caught should pay for their actions accordingly

that said my dad asked me to ask this question to the forums.

my dad doesnt care if he has to pay the fine he was just after someones advice on the matter.

ok about a month ago my dad got a couple of speeding fines on the way to toowoomba between 7:50PM - 8:45PM.

one was for doing 99 in an 80 zone, he paid that one, the second one was a different story.

her was caught doing 118 in a 100 zone, the cop wrote the ticket out. but he put the time on the ticket wrong (i.e he wrote 08:45 not 20:45, The other ticket was written in 24hr time)

so my dad wrote a letter(after legal advice) asking if the fine was still valid,

the response was a resounding you must pay the fine here's a new ticket with the right time on it.

yes they wrote him a new ticket, more than 100KM away without his knowedge and without the original officer that caught him present.

my question is.

can they do that??

like i said i dont condone speeding and i am very dissapointed in my father for speeding and think he should just pay the fine and get over it.

thanks in advance.
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Old 06-02-2004, 04:08   #2 (permalink)
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Re: Technicality?

Why did they re write the ticket?

Not sure of the legality of it though.
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Old 06-02-2004, 04:20   #3 (permalink)
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Re: Technicality?

I am not an expert on this at all, but it would something definitely challengeable....the whole thing with criminal law is that the charges or offence are based on MATERIAL facts. For a speeding fine, the material facts would be:

- the TIME of the offence
- the DATE of the offence
- the REGO details of the car
- the MAKE AND MODEL of the car
- the SPEED at which the car was travelling
- WHERE the offence occurred

You get the idea. Generally if they get one of those material facts wrong, then it is open to dispute. It often depends on the facts of the actual case at hand and since there was only one material fact wrong, and that it was, in practical terms, just a use of 12 hour time instead of 24 hour time, it is going to be hard to argue against it... but it is possible. If they had gotten that time wrong on a camera fine, where the alleged offender could not subsantiate it either way, a week later or whatever, then you would have more chance. Or if there were more than one material fact that was wrong would add a lot more to the argument.

It is going to be hard to argue since your dad was pulled over - this means there is a cop who can testify to the actual time - ie 8am or 8pm..... this would not be the case with a camera fine and hence arguable.

You could push it, but it is unlikely anyone would be interested because they WILL look at the reality of the situation (unlike the reverse with us) and all the cop who gave the fine has to do is sign a stat dec and hand in his notebook and it is all over red rover.

As for your Dad speeding, get over it! I think the definition of "speeding" is the cornerstone of the speeding/road safety debate and I dont believe that just because someone has drawn a line in the sand about what is not and what is speeding means that it applies to all of us. Just because some cop says your Dad was driving at a speed over the posted limit, does not mean he was being reckless, unsafe at all and I think this is the basis of the problem.

But good luck!
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Old 06-02-2004, 05:27   #4 (permalink)
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Re: Technicality?

I'm no legal expert but I got a parking fine recently where they wrote my number plate down incorrectly (AJN instead of ANJ) on the bottom part of the ticket.

I asked about it & they said that you don't get off just because of a mistake like that. If I went to court to challenge it I would guess that the judge would take the side of the law enforcement officer over me so I left it. Plus I knew the rules & I broke them so I just paid the fine.
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Old 06-02-2004, 05:39   #5 (permalink)
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Re: Technicality?

What hello if they got my plate # wrong & left me a fine to pay id throw it away...

You paid for it mate come on..
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Old 06-02-2004, 06:40   #6 (permalink)
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Re: Technicality?

I dont condone speeding and think that those caught should pay for their actions accordingly

Well I do. I dont believe there is a hard and fast rule that will dictate whether you will crash or not if you go over a particular speed. Dont ever forget that the laws are made by politicians and that often theyre not always right.

As for the legality of the issue, im no lawyer but i have looked into goin to court over fines, however i dont think you have much of a case there. maybe possible with a very good lawyer but is it really worth $10,000+?
(it is for me, but i dont have the $10g. one day though!)
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Old 06-02-2004, 08:50   #7 (permalink)
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Re: Technicality?

If his licence was on the line then its serious and I would get a lawyer to look into it. Otherwise just cop it hey.
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Old 06-02-2004, 15:11   #8 (permalink)
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Re: Technicality?

The simple fact is..if you wish to contest the matter in court and you can prove you were not on that section of road at 8.45am regardless of a technicality, then you have a good chance of it being withdrawn. How many times do we here of serious criminal being let off on a technicality?
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Old 06-02-2004, 15:11   #9 (permalink)
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Re: Technicality?

I wouldnt bother arguing it. The matter of a date written in 12 or 24 hr time is inconsequential. The cop probably wrote it in 12hr time because most civilians arent used to 24hr time and cant get their heads around it. I dont think that it would be anything you could use to dispute it with any chance of success.
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Old 06-02-2004, 22:43   #10 (permalink)
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Re: Technicality?

I remember when a guy had his birthdate written into his speeding fine over here in NZ and got off... for some reason it was front page news
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