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  1. #21
    Cruise Co-ordinator adam_92's Avatar
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    So I got some legal advice this morning. I was basically told to send a letter to expiation branch explaining my side of the story which is pretty much pointless but worth a try. Then elect to be prosecuted which lifts the fine and sends it to court then I will receive a summons to court, then send another letter to the prosecutors, hopefully they drop the charges if they read my side before the court date, then if not, il habe to go to court and argue my side, he has no proof that I was using my phone, only that I was doing 'something' on my lap out of his sight which he assumed was me texting.
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  2. #22
    OpelAus King Dingaling dutchy's Avatar
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    Click here to enlarge Originally Posted by adam_92 Click here to enlarge
    So I got some legal advice this morning. I was basically told to send a letter to expiation branch explaining my side of the story which is pretty much pointless but worth a try. Then elect to be prosecuted which lifts the fine and sends it to court then I will receive a summons to court, then send another letter to the prosecutors, hopefully they drop the charges if they read my side before the court date, then if not, il habe to go to court and argue my side, he has no proof that I was using my phone, only that I was doing 'something' on my lap out of his sight which he assumed was me texting.
    I'd do that mate, would be too crazy if they can give you a fine because they assumed you were doing something.
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  3. #23
    Cruise Co-ordinator adam_92's Avatar
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    Exactly. There is no solid proof that I was using my phone
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  4. #24
    OpelAus King Dingaling dutchy's Avatar
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    This just shows they are filling their quota. Not a case of they got no proof.... it's up to you to prove you werent using a phone.
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  5. #25
    OpelAus Forum Addict chris_r's Avatar
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    I'm guessing the other thing that could be working in your favour too Adam, is that when the cop pulled you over and asked if you know what he pulled you over for, you probably said no you don't. From what I've been told, if you say yes I was using my phone or I was speeding, etc, you've screwed yourself in admitting guilt to the offence he'll then slap you with. Cops will do anything to get an admission of guilt as it will make the fine stand up in court. If they can't get said admission of guilt, then it's apparently up for dispute in court and the onus of proof is then on the police officer.

    Also, I believe at the time that you were pinged, there was a SAPOL operation underway specifically targeting the use of phones whilst driving. Whether or not this could affect your case, I don't know.
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  6. #26
    OpelAus Participant OPC1's Avatar
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    Click here to enlarge Originally Posted by dutchy Click here to enlarge
    This just shows they are filling their quota. Not a case of they got no proof.... it's up to you to prove you werent using a phone.
    Not strictly true, dutchy. I pull up alongside people at the lights, and they've got their mobiles on their lap and they're busily tapping away. Taking a reading on your mobile monitor would look similar. As these people keep sitting at the lights (finishing their texting or Facebooking) long after the lights have changed, but can hide the mobile fairly quickly, I say book 'em and let 'em fight it in court. There are the odd Mars Bar and blood monitor mistakes - which should be able to be rectified quickly. But, 98% of the time, it's mobile phone usage.

    But Adam should have quickly gone in to either his doctor, blood specialist, or the guys who sell the monitor - to make sure he has a definite correct time for when he took his test that he was booked for. If you think someone's done you wrong, you prepare to defend yourself, by making sure you have evidence to the contrary. Then he can do what DRMAT said. If you don't go on the front foot, then it's the same as giving up and paying the fine.
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  7. #27
    OpelAus Forum Regular mondo's Avatar
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    it isn't cheap to go to court if you happen to lose. bear that in mind

  8. #28
    OpelAus Participant OPC1's Avatar
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    Click here to enlarge Originally Posted by mondo Click here to enlarge
    it isn't cheap to go to court if you happen to lose. bear that in mind
    Absolutely. It's not even cheap to go to court if you win. It's very unlikely to be awarded costs when going to court for traffic. Always try to exhaust the other avenues first.
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  9. #29
    Cruise Co-ordinator adam_92's Avatar
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    So... thought this had been dropped due to lack of evidence or whatever.

    Couple of days ago I got a knock on the door from 2 cops with a summons to attend court, mid january.

    On the summons there is a statement from the cop saying he was standing on the footpath which he wasn't. He was crossing the road from the centre median strip where there had been a breakdown/accident. He then goes on to say he witnessed me holding the phone in my right hand, holding it to my right ear on a call and when he got to the car I ended the conversation. Iv brought up my phone bill with the breakdown/records and there is no call history for the date I was done, never mind the time I got done. The closest phone calls were the day nefore and day after...

    Would this be enough proof in court that I wasnt using my phone?

    Is there anything I can do to save the hassles of going to court etc? Would taking my phone records into the local cop shop with the summons and statement benefit me in any way? Could the police drop the charges etc?
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  10. #30
    VIC Cruise Co-Ordinator sooty's Avatar
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    Maybe try discussing with the actual officer who is alleging against you? The event happened long enoygh ago I'm sure details like where he was wouldn't be in his memory. If he was in the median it makes more sense with him saying right hand and right ear.

    Doubt they have the time to discuss though, that's what court is for
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