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SA General traffic policing question

Discussion in 'Politics, Laws, Government & Insurance' started by ducm3, Sep 5, 2011.

  1. If a civilian reports you (via your number plate) to the police for something they see you do on the road that they think is illegal, can, or do, police act on it? If they do, what are the legalities of this, given it's someone else's word against yours?

    eg if I run a red light, or ride in a bicycle lane, or do something else silly, and there are no accidents or cameras to prove it or anything else to result out of said act, and someone who witnesses it calls the police to report it, what proof is there that I actually committed the act?
  2. They can not do much if you say nothing ,like nope dont know anything about this incident,have no idear what your talking about and then stop talking.They might try a lot of tricks to get you to elaborate and if u do then your gone.They would have to charge you and get the witness to court and if its a minor thing this is unlikely.That my experience anyway.Just go all sargent shultz on there ass.
  3. Traffic offences must be witnessed by police to be infringed upon. Except in the case of a collision. Your neighbour cannot ring up and say, "Jimmy just did a massive burnout out the front" and the cops come and fine him. Doesn't work that way.
  4. no, I took the plate of a woman to the police who, while talking on her phone, nearly put me into a cafe on King St newtown, popo have to witness the offence themselves.
  5. Might want to check the first part of your statement with your HP guys. How do you think the whole "Hoon Line"/Crime Stoppers operates?

    For those playing at home, In general;
    If Joe Blow rings up or goes into Police Station after witnessing something, if he wants something done he will Have to make a statement, then on the weight of the statement Police will act one way or the other. Dismiss due to No Offence Disclosed or there is an offence so an investigation is warranted.

    If they take on the matter then the accused will be interviewed, depending on what is or isn't said. From that the Police will act one way or another. Dismiss due to not enough evidence or there is an offence so an investigation is warranted.

    If they decide that there is enough evidence then depending on the offence a ticket will be issued or a Brief of Evidence will be prepared so the accused goes to court.

    If the accused contests the ticket or it went straight to court, then the witness who reported it and made the statement will have to go to court to give their evidence.

    It all comes down to both parties giving their evidence and the Magistrate ruling on who he believes the most.
    • Like Like x 1
  6. Is it deemed a civil or criminal case in court?
  7. As far as I was aware, information supplied by members of the community against another driver is simply recorded as intelligence on said driver's record.

    So it may give the police the ability to target "Jimmy" if he is complained about enough. I still haven't heard of someone being prosecuted for a traffic offence that was put forward such as the example you used. A great deal of work there (brief of evidence etc) all for a traffic offence.
  8. Criminal.
  9. See red bits.
  10. Thanks 665.
    With that burden of proof required it would seem like a big ask to me, is it run frequently, occasionally or is just a possibility?
  11. Ta. Definitely not frequently (but like Spruce said the most common form is from collisions)
  12. It would make sense with accidents where forensic investigation is not involved I guess.
  13. More so the basic ones. The forensic ones are quite complex and very scientific so while witness' play a big part the gathering of evidence at the scene is mostly greater.
  14. That is what I meant- in cases where there is no forensic investigation involved it may be useful.
  15. Ah just re read your post. Right you are.