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Old 04-26-2013, 01:41 AM   #1
Nae323
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Unhappy OT: Court hearing advice

Evening!
This may be long...

Just wondering if anyone would have some advice for me. I (finally) have a court hearing date for the fine I got for 'driving while using a mobile phone' back in November - next week, if I can't get it moved to a later date to give me more time to get the other half of my phone records.

I'm extremely bad at speaking in front of people and know I'm going to forget everything once I stand up. My mind almost has a meltdown even thinking about it. My question is, does anyone have any advice on what I can ask the police or say to the magistrate? How to word the questions? Etc, etc...


For those who don't know/remember about my fine-

Just after 5pm in Nov I was driving north through an intersection, two senior constables in a patrol car were facing south, waiting to turn right. I drove past them with my hand to my face, holding a sore mosquito bite I had on my cheek. They did a u-turn, pulled me over and fined me for driving while using my mobile, which was in my bag on the passenger seat. One SC was an arse, said he saw me holding a black phone to my face. The other SC just said 'I was seen...' At the time I had an iPhone with a red cover over most of it. That broke soon after and is long gone. I can't find the same one on eBay. It was set up via bluetooth to the Dynavin.

I've seen the video from the car, and unfortunately I'm only visible for about 3 seconds as I drive by, but you can't really see me. The sergeant who showed me the vid said he could see the outline of me and something like a hand to my face, but that was it. The direction of the sun might have caused the video to be less clear than usual.


Any help is appreciated.
I wish I could the $1200 I was quoted for a lawyer
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Old 04-26-2013, 04:14 AM   #2
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The other half of your phone records? You just need the few minutes of phone records at the time of the alleged offence.

Possible questions for the cops. Did you see me holding a mobile phone? How far away were you when you allegedly saw me holding a phone? Was you car moving? How fast were you driving? How long could you see me? What colour was it? What hand was I holding it in? Is it not possible what you saw was my hand against my face? Is it not possibile that seeing my hand against my face you assumed that I must be holding a mobile phone?

But really what will win it or lose it for you is the phone records proving that you did not make or receive a call at that time.

Although I am an ex-cop and have had my share of court matters, I am no solicitor. Perhaps some other member with more legal training can pipe in.

Remember, you are not trying to convince the cops of your innocence, you need to create reasonable doubt in the mind of the magistrate. No matter how inept you may be at asking questions If you come across as a genuine bloke who truly feels he is innocent and can make a reasonable case you have a chance. The fact that you are not a slick, smooth talker may actually work in your favour.

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Old 04-26-2013, 07:02 AM   #3
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OT: Court hearing advice

Nae needs a penis according to Constantine. /thread


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Old 04-26-2013, 04:45 PM   #4
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Me with a penis? That would be interesting.

The other half of my phone records being the incoming calls from that date I was fined. I have the outgoing.

Thanks Con, a little of that was helpful.
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Old 04-26-2013, 06:20 PM   #5
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Me with a penis? That would be interesting.

The other half of my phone records being the incoming calls from that date I was fined. I have the outgoing.

Thanks Con, a little of that was helpful.
Ahhh. I see. You are a woman.

In relation to the phone records you are waiting for, I am pretty sure that if you ask for the matter to be adjourned until you get your phone records, it probably will be. If you have any corrospondence with the telcos indicating that you have requested the records and perhaps some indication from them about how long you may have to wait it would also be helpful.

One thing I will suggest is that when questioning the police that you are not aggressive in any way. Approach them as if they are good guys but have simply misinterpreted what they saw. The right attitude will go far to establishing your credibility. And if the video eveidence does not positively show you holding a phone that is in your favour.

And screw paying $1200 for a lawyer. The whole damn case will go for all of 15 minutes.

Last edited by gueste46; 04-26-2013 at 06:26 PM.
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Old 04-26-2013, 11:49 PM   #6
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Ok so a couple of pointers here (im studying law, so i could be of little assistance)

~bow on entry of the court

~ start by saying "if it may please the court my name is (say your last name then spell your last name, then say the initials to your first name) eg ~ jackson (j.c.k.s.o.n initials M. After you introduce your self mention the issue which would be in relation to your fine etc.

~always address the judge as "your honour"

~be very prominent, dont say i beilive or what ever. Always say your honour i submit that blah blah blah

~bow when exiting the court

~ and in regards to adjourning your case, very simple. Just walk into the court and explain to his/her honour your situation and they will more then likely adjourne the case.

Hope that helped, p.m me if you need any further advise !

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Old 04-27-2013, 12:53 AM   #7
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Pay for me to get there and I'll do it pro bono (without fee).
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Old 04-27-2013, 02:44 AM   #8
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Re: OT: Court hearing advice

Do you not address a magistrate as your worship rather than your honour?

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Old 04-27-2013, 03:10 AM   #9
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Do you not address a magistrate as your worship rather than your honour?

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Isn't that what you address a mayor? I could have them mixed, though
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Old 04-27-2013, 03:57 AM   #10
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Isn't that what you address a mayor? I could have them mixed, though
You're confusing protocol with what goes on in your bedroom buddy.
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Old 04-27-2013, 04:54 AM   #11
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Plead insanity, cram about half a jar of peanut butter down the back of your pants. When you're being questioned, dig around in your pants until your hand is covered in spread then proceed to lick those fingers clean. Not even Judge Judy would convict you.

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Old 04-27-2013, 04:54 AM   #12
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Pay for me to get there and I'll do it pro bono (without fee).



Thats a hell of a deal!
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Old 04-27-2013, 05:38 AM   #13
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You're confusing protocol with what goes on in your bedroom buddy.
They call me their hardness
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Old 04-27-2013, 07:45 AM   #14
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Pay for me to get there and I'll do it pro bono (without fee).
Giggity!


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Old 04-27-2013, 07:50 AM   #15
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OT: Court hearing advice

All seriousness abbas has good culture but will likely be very hard to put to practice in your mind set. (Never be put off. You're one hell of a kent last we spoke). Or fly brism3 down he's a good dude that needs to attend a Melbourne meet lol.



Detect my drunk sarcasm please.


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Old 04-28-2013, 06:49 AM   #16
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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.
You have spent all this time and stress on the issue and it wouldnt surprise me if they still fine you for the fact you had only one hand on the steering wheel. If you must persist with the case though I've heard from a friend working in infringements that you can sometimes get off if you tell them you sneezed.
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Old 04-28-2013, 05:40 PM   #17
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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.
You have spent all this time and stress on the issue and it wouldnt surprise me if they still fine you for the fact you had only one hand on the steering wheel. If you must persist with the case though I've heard from a friend working in infringements that you can sometimes get off if you tell them you sneezed.
Accompanied by the 3 demerit points?
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Old 04-28-2013, 07:11 PM   #18
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OT: Court hearing advice

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Originally Posted by BMW//Blonde View Post
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.
You have spent all this time and stress on the issue and it wouldnt surprise me if they still fine you for the fact you had only one hand on the steering wheel. If you must persist with the case though I've heard from a friend working in infringements that you can sometimes get off if you tell them you sneezed.
I sneezed so I had my hand on my cheek... Seems legit!


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Old 04-28-2013, 10:04 PM   #19
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I sneezed so I had my hand on my cheek... Seems legit!


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Old 04-28-2013, 11:32 PM   #20
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This is the matter of principle. You did not use your phone, and you should standup for it.

If you are not a public speaking people. a few tips will help
> Write down on a note of what you want to ask and key points i.e. Making sure that your questions will lead to a reasonable doubt that you used mobile phone while i.e. The two SCs are not 100% sure on a lot of things. Ask them whether they see a,b,c, what color of a, b, c
> Your question should be structured so that it helps your next point
> Write down your conclusion that you did not use your phone while driving. Your hand on your face does not warrant that you used your phone.
> Try to get the phone records (your evidence)

Good luck.
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