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Old 04-28-2013, 11:42 PM   #21
Nath
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This whole thing sounds silly to me. I would have paid the damn fine and then on principle sent a nice accompanying letter from my lawyer uncle of Brighton alerting the issuing officers superior to the fact that he may need some extra training in this field or an eye test.
I was under the influence once you pay the fine you are confirming acceptance and your door to argue the matter is then closed?

I have been to court (Victorian) a couple of times to dispute traffic infringements. When there were two officers involved the other would stand outside whilst the other is giving their evidence. See if you can lead each one to give different answers when asking about a/b/c to paint a picture to the judge that perhaps they didn't see what initially thought.

Regarding you postponing the case, each initial time I went all I had to do was reconfirm I was disputing the case / not guilty - then my case was heard 6-8 weeks later. At this time, I was offered free legal advice which to be honest was pretty poor. Otherwise as a backup, do you have a reference number from your telco regarding your request for call records, as its a no brainier this is major evidence.
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Old 04-28-2013, 11:47 PM   #22
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I was under the influence once you pay the fine you are confirming acceptance and your door to argue the matter is then closed?
This
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Old 04-29-2013, 06:50 PM   #23
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Pay for me to get there and I'll do it pro bono (without fee).
Seriously?
If I can get the date moved, I may take you up on that. Plane fees and a bed for the night if needed is still worth it to save me the stress.

Quote:
Originally Posted by Nath View Post
I was under the influence once you pay the fine you are confirming acceptance and your door to argue the matter is then closed?

I have been to court (Victorian) a couple of times to dispute traffic infringements. When there were two officers involved the other would stand outside whilst the other is giving their evidence. See if you can lead each one to give different answers when asking about a/b/c to paint a picture to the judge that perhaps they didn't see what initially thought.

Regarding you postponing the case, each initial time I went all I had to do was reconfirm I was disputing the case / not guilty - then my case was heard 6-8 weeks later. At this time, I was offered free legal advice which to be honest was pretty poor. Otherwise as a backup, do you have a reference number from your telco regarding your request for call records, as its a no brainier this is major evidence.
Thank you.
I didn't know they would be in the room at different times.
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Old 04-29-2013, 09:14 PM   #24
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Getting Tim down for the day is the awesomest solution!

Also... did the officer that fined you check your phone for calls made or received at the time of the alleged infringement?
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Old 04-29-2013, 10:19 PM   #25
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Getting Tim down for the day is the awesomest solution!

Also... did the officer that fined you check your phone for calls made or received at the time of the alleged infringement?
Thats not the point though..

Making/receiving a phone while driving is not the offence.. the mere possession while in control of the vehicle is enough to warrant the fine
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who da F done that?
prestige warehouse or who?

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Old 04-29-2013, 11:07 PM   #26
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Thats not the point though..

Making/receiving a phone while driving is not the offence.. the mere possession while in control of the vehicle is enough to warrant the fine
I understand what you are trying to say - but it's not mere possession that completes the offence, because possession would extend to mean anywhere in the driving compartment or the vehicle at all. You are in possession of a phone even if it is in the boot. But what you are getting at is right - you do not need to be on a phone call to be committing an offence. EG. checking emails, sending texts, changing songs etc (not an exhaustive list obviously) all offend the legislation.
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Old 04-30-2013, 01:33 AM   #27
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I'm pretty sure he said he saw me holding my phone to my ear. Meaning on a phone call, no?
Call records can be deleted from mobiles, I don't think it would matter if he looked at it or not.

Got the hearing date moved, hurray for me.
Have a mention on Thursday morning to find out what date it's being moved to.
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Old 04-30-2013, 03:25 AM   #28
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I understand what you are trying to say - but it's not mere possession that completes the offence, because possession would extend to mean anywhere in the driving compartment or the vehicle at all. You are in possession of a phone even if it is in the boot. But what you are getting at is right - you do not need to be on a phone call to be committing an offence. EG. checking emails, sending texts, changing songs etc (not an exhaustive list obviously) all offend the legislation.
Yes
I'm basically saying you don't have to be using your phone at all.

Laws might be different in QLD ..
By possession I mean on the person .
I can't remember the exact wording .. I'll see if I can find it in the road safety act. Or ruling ..
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who da F done that?
prestige warehouse or who?
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Old 04-30-2013, 05:23 AM   #29
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Yes
I'm basically saying you don't have to be using your phone at all.

Laws might be different in QLD ..
By possession I mean on the person .
I can't remember the exact wording .. I'll see if I can find it in the road safety act. Or ruling ..
It won't be that either. In your pockets is "on the person". It is not an offence to have a mobile phone in your pocket while driving.

In Qld the provision makes it an offence to, while driving, inter alia, turn the phone on or off, "operate any other function of the phone", and hold the phone to or near the ear whether or not engaged in a phone call.
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