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I fought the Law, and the Law ??

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  • I fought the Law, and the Law ??

    As I suggested in THIS thread, here is a thread for people to post their experiences of their day in court fighting a traffic infringement.
    It could make interesting reading and, while every case is different, it could maybe help others decide on the best course of action for their situation. I know there's three sides to every story, and it may also descend into a ranting troll ridden mess like many threads but if it does..... meh.


    So start off with a big "WON or "LOST" and then provide a few details.

    Try and keep it short, sweet and as factual as your (lets face it) biased opinion is going to let you, without ranting about how "U waz scroowed by da man". Maybe even tell us what lawyer you used if they were good.

    What key points led to the win or loss? e.g. cops lied and judge took their side. Or you didn't admit anything when stopped and since you went through a tunnel the helicopter couldn't prove it was you that came out the other side.
    Costs?
    There's already been a few contributions like this in the thread I linked to above, so maybe [MENTION=27433]devolved[/MENTION] [MENTION=5056]Cbr1k[/MENTION] and [MENTION=12292]wd40[/MENTION] could start us off here?
    "Speed Kills". The stupid person's answer to a complex problem.

  • #2
    lost
    could not provide a witness to the incident so it ended up my word against the police

    police ended up telling a different story than what actually happened

    basicly they lied

    Comment


    • #3
      WON
      Detectives alledged i was riding at 182km/h on Tonkin Hwy in the rain and along a section that was pitch black.
      The mistake the officers made was they said they had followed behind me at a distance of 10 meters for 3 kilometers, i stated that with a bike capable of 300+ km/h and a dark vehicle being that close i would have just left them behind, but they just came up and placed the lights on with no following.
      Judge ruled my favour and that the officers should double check all their facts before attempting to apprehend a motorcyclist again.
      I think about sex every tits seconds.

      Comment


      • #4
        LOST
        did the crime, wrote in with a guilty plea. But the smartest thing I did was ask for no conviction to be recorded, which was granted. So no problems for me travelling overseas, employment checks etc.
        For LAMS information and resources - http://www.perthstreetbikes.com/foru...thread-156358/
        For LAMS discussion and to ask questions - http://www.perthstreetbikes.com/foru...thread-143289/

        Comment


        • #5
          LOST

          Requested a blood test numerous times on the way and again at the police station. It's my legal right to refuse a breathe test and have a blood test instead without being charged. I was at the police station alone with the two arresting officers and the sargent who was to carry out the breathe test.

          Refused the breathe test and was charged accordingly. I said what about the blood test? Cops said "it's too late now" WTF?????

          I had no evidence other than one witness who heard me request the blood test at the time of the initial arrest. He provided evidence in court but was discredited immensly by the prosecutor, in particular as to how many drink he had prior to the event.

          No way was the judge prepared to say I was right and the three police officers were lying. Got screwed.
          "Starin' at the world through my rearview"

          Comment


          • #6
            Most traffic cops are lying bags of scum, that is all u need to know before taking them on
            Our Father, Who art at Phillip Island, Hallowed be thy name
            Thy Kingdom come, thy will be done
            In the backroads as it is on the freeway
            Give us this day our high-octane premium fuel
            And forgive us our lanesplitting
            As we forgive the four wheel drives, the volvos and the taxis
            And lead us not into gravel corners
            But deliver us from hand-held radars
            For thine is thy leather, thy denim, thy Gore-Tex and thy Kevlar
            Amen ORIGINAL POST BY DEB

            Comment


            • #7
              WON.
              In scotland, My little shit of a brother decided to take my car for a joy ride, and when pulled over by the cops for speeding, he gave my name. No way was i gonna take that, so i went to court and dragged him along. When the judge called us up, i asked the cops to identify the driver. One pointed at me (being at the front of the court, its obvious i was the defendent, so he chose me, the lying bastard) and the other chose my brother. As they both chose different people, judge threw it out.

              Comment


              • #8
                WON - Split passed a cop who was stuck in traffic on his bike. Traffic wasn't moving, he was in right hand wheel track. Tried telling the judge the reason he didn't issue me a fine on the spot was because he was out of infringement notices. Told the judge he moved out sideways to see me cross the white line (in traffice that wasn't moving as per his own admission). Told the judge I was riding down the middle of the highway in peak hour and moved in to the turning lane crossing the white line. I produced a photo of the so called white line (judge said where is the bloody line ... that would be the black mark in the picture your honour), I brought up how he didn't actually tell me about the fine but rather that it was an illegal turn and due to him not knowing the laws he didn't know to check me for crossing the line. I brought up how when I asked what I had done wrong his reply of "I have a licence I should know" was the response he gave me rather than the one he told the judge about telling me I'd crossed the white line. Basically the guy lied through his teeth but due to the way I structured my questions it became blatantly obvious he was lying. I represented myself with the help of one awesome [MENTION=6151]rabbit[/MENTION]. One thing I did fuck up on was I wrote down the entire story on my pc when I got home 10 mins after it happened. I could have used this as evidence. The judge said too many inconsistencies from the cops story to mine so threw it out. Think I got lucky with my judge in that he was willing to listen intently to both sides.

                Comment


                • #9
                  LOST.

                  Long story, cop claimed I did one thing, then changed to another when I didn't comply with their insanity, then tried to sticker the bike, then lied through their teeth in court.

                  This was three or four years ago I suppose. I hope those particular three officers involved were crushed by a falling anvil, ala Loony Tunes.
                  such comment
                  wow
                  many post

                  Comment


                  • #10
                    Originally posted by Cam View Post
                    LOST.

                    Long story, cop claimed I did one thing, then changed to another when I didn't comply with their insanity, then tried to sticker the bike, then lied through their teeth in court.

                    This was three or four years ago I suppose. I hope those particular three officers involved were crushed by a falling anvil, ala Loony Tunes.
                    Or promoted to Inspector rank!

                    Comment


                    • #11
                      Originally posted by wd40 View Post
                      LOST

                      Requested a blood test numerous times on the way and again at the police station. It's my legal right to refuse a breathe test and have a blood test instead without being charged. I was at the police station alone with the two arresting officers and the sargent who was to carry out the breathe test.

                      Refused the breathe test and was charged accordingly. I said what about the blood test? Cops said "it's too late now" WTF?????

                      I had no evidence other than one witness who heard me request the blood test at the time of the initial arrest. He provided evidence in court but was discredited immensly by the prosecutor, in particular as to how many drink he had prior to the event.

                      No way was the judge prepared to say I was right and the three police officers were lying. Got screwed.
                      How long ago was that, as now you do not get the right to request a blood test...

                      Comment


                      • #12
                        Originally posted by wd40 View Post
                        LOST

                        Requested a blood test numerous times on the way and again at the police station. It's my legal right to refuse a breathe test and have a blood test instead without being charged. I was at the police station alone with the two arresting officers and the sargent who was to carry out the breathe test.

                        Refused the breathe test and was charged accordingly. I said what about the blood test? Cops said "it's too late now" WTF?????

                        I had no evidence other than one witness who heard me request the blood test at the time of the initial arrest. He provided evidence in court but was discredited immensly by the prosecutor, in particular as to how many drink he had prior to the event.

                        No way was the judge prepared to say I was right and the three police officers were lying. Got screwed.
                        Did you actually have something to drink, or were you trying to avoid the DUI charge?

                        Comment


                        • #13
                          ^ I was wondering why avoid the breath myself. Blood will pick up more possible other things surely if your that way inclined?

                          Comment


                          • #14
                            Blood test request to increase the time between last drink and test perhaps?

                            Comment


                            • #15
                              WON

                              Got charged for hoon law on the Canning Bridge freeway onramp allegedly doing 106 in the 60 zone(cops sitting on the 100 sign). It was a really stressful 3 months, as my job depends on my license and the criminal record would affect my future travel and job applications so I spent $$$ on Andrew Maughan who was a great lawyer He got the charges downgraded and I got a refund from WAPOL for the towing and storage charges (around $900). I recommend spending the dollars on a good lawyer for these kind of charges because they know all the technicalities and can cast doubt on the police in question.

                              Comment

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