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QLD Infringement Notice..4 months later?

Discussion in 'Politics, Laws, Government & Insurance' started by joeldecai, Mar 29, 2011.

  1. So in November, the engine started going in my car. To avoid it dumping oil all over the highway I killed it and rolled across into a side road. Rainy day, didn't see the hatchback, it had its lights off and the car behind had both lots on. Blah..blah..blah.

    Got the car going, took it to ford and they started fixing it.

    At the start of March, I get a call from the local constablery asking if I could come down to the station and have a chat about it.

    Apparently the people I didn't see rang the police and reported me for dangerous driving. 4 months later they finally get around to having a chat with me.

    First thing he says 'You're not getting charged with anything we just want to talk'. I explain, then he proceeds to hand me a fine for failing to give way.

    Now..I should point out, after pulling out in front of a car (keeping in mind, there was still a good 40ft between ours after I'd gone through, the driver of the other car slammed on his brakes and slid to a hault. Don't know why, knee jerk reaction to a car being..quite some distance from your car at an intersection.

    I talked to him and he was annoyed but didn't seem to fussed.

    My issue is..whats to stop me just ringing the police and accusing anyone I don't like of failing to give way to me? Or doing a burnout in a parking lot. I got dealt a fine with no proof or witnesses. And told to fight it, I'd have to take it to court.

    So..can someone explain this to me?
  2. I'd be fighting that one. And I'd be asking for costs - including your time and legal expenses. Hire yourself a lawyer - a good one.
  3. Well its not a big fine. It's $300 and 3 points. More the premise of it. Surely cops can't just decide something happened..

    I mean, I'm sure they can and will. Just shouldn't be able to haha.
  4. It sounds like most of what they had was based on your admissions in the chat -
    What did you say in your explanation? There may have been something that corroborated the the other drivers story. If not, and you are certain that you haven't given any admissions then contest it and contact a lawyer when the court documents arrive.

    As to you dobbing someone in that you dislike, that person would have to make admissions in the conversation, which wouldn't happen if it is a made up story. If the police found that the story was made up and you had wasted there time with a false statement, they may just take that further. so not a good idea. especially if it turns out the person was on holiday interstate at the time of the alleged offence.

    I hope that helps a bit.

    Let us know how you go.
  5. Probably shouldn't say anything. I don't like being told I'm not getting charged or fined (after telling him on the phone a description of what happened) and then getting fined.
  6. say as little as possible

    if you contest it they will have to call the other person as a witness

    then as its four months after the event a good lawyer will most likely tear strips of them and their evidence

    plus - the people that made the complaint may not want to show up and give evidence - most will make a compliant but very few will sign their name to a written one or show up in court

    the police are fining you based on another persons complaint ( unless you admitted liability in your talk with them) so as this is their evidence they must present the evidence in court and if its a person your lawyer is entitled to cross examine them
  7. That is highly likely.

    Yep. That is why I asked what you said in your talk with the police. What did you say?
  8. Said the engine died in my car and I tried to pull off the road to avoid an accident. Left what I thought was a good sized gap and pulled across the road. Also reasoned that for the driver of the other car to have to brake with that sized gap he was either speeding or not watching the road.

    I'm just paying the fine and getting rid of it, its smallish and its easy. But as a rule of thumb anyone reading this, deny deny deny. Even if you aren't being officially interviewed or aren't admitting guilt. You weren't there and it didn't happen.

    I had a mate get fined for driving without due car because he got a flat on a dirt road and hit a tree. Low speed accident.
  9. Everything you need to know is in this bit. He bullshitted you, you talked, he gave you a fine.

    Not an unusual story.
  10. Well, if you change your mind, good luck. It is your choice to go the way you have chosen.

    Good advice about the denials, but make sure you don't get caught lying. The old silence is your friend in some cases.
  11. correct - they train them to do this - to get you to admit liability

    its the same as "how fast where you going"
  12. This is cop talk for "We'd really like to f**k you over, but we'd just like to con you into admitting something that'll make it stick, so we can add it to our stats"

    Unfortunately this was your big mistake. The correct response would be "I have no recollection of the incident you're referring to at this time"

    Done. Better luck next time. Trust a cop, sure won't.
  13. Would saying something along the lines of

    "I've got no idea, it was four months ago and obviously wasn't earth shatteringly important enough to cause me to remember it for any reason"

    be admittance of guilt?
  14. Better than doing that no recollection thing, makes you sound like some smarmy prick.
  15. *points to other thread that explains why you should stfu around pigs and explain nothing!* Keep it fkn simple simon!!!! :nopity:
  16. You should never have gone down to the police station in the first place. If they want a chat it's not to ask how your kids are going... Tell them to jump, what are they going to do about it? You just gave them all the evidence they needed to give you the ticket by 'explaining' it to them =D> :p
  17. NO! Never do this. Just say: NOTHING! If you deny something and they can prove it to be the case you are going to be in big trouble. If they had the evidence to give you the ticket they're not going to waste time talking to you.
  18. I think that is pretty much what Sean Hardy tries to get across on his website.
  19. Got it in one.
    You are under NO OBLIGATION to "come down for a chat".
    A polite "I'd rather not" is always the best advice.
    If they really really want you they will visit you.

    I'd suggest you could get off this one with a good lawyer but is it worth the $$?
  20. In NSW there used to be a limit on issueing of tickets. I don't know if it's still in place, I can't remember exactly what it was (1 month comes to mind) and I don't know if it applies in queensland.

    Check it out. It may be the ticket is invalid.

    Mind if you get it canned, they can still charge you and drag you to court. This means being arrested, fingerprinted etc. So in getting it canned you are gambling the cop couldn't be bothered with charging you.