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Infringement notice validity?

Discussion in 'The Pub' at netrider.net.au started by horto15, Dec 24, 2007.

  1. Hey guys,

    I recently received an infringement notice (for drinking in a park – new law in Hobart applies to the xmas period GAY!) and they have spelt my name wrong. Considering this is a legal document and therefore needs to be accurate (similar to a license application has to be 100% accurate), and from what I have heard/read before I’m 90% sure that it is therefore invalid.

    Anyone know any more about this? Note if you write back and say its still valid ill spiral into a deep depression :)



    J
     
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  2. It depends on the circumstances and exactly what Police did to identify you at the time. Not sure how 6 fingered Tas legislation works...
     
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  3. If all other details are correct and no identification was presented by you at the time it will stick.
    If challenged, a magistrate will ask if the ticket was issued to you. If the answer is yes it's yours.
     
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  4. Thats true.

    Spelling alone will not get him off.

    Thing is if no ID was provided, and there is no identifier other than name DOB, then he is off the hook, don't challenge anything, just don't pay it, and they will start sending reminders to a person that may not exist (ie not you)

    If License or other id produced and identifiers recorded, then it's yours, pay up.
     
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  5. Depends how it was issued.

    If a police officer took your name and license from you to write it out, you're probably screwed.

    If they got your name from someone else at the scene (or some other dodgy, indirect way) you may have other options.

    Paying it = admitting guilt.
     
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  6. Yeah hmm they used my drivers license so i guess im fcuked, maybe next time i just should obey the law no matter how shit it is! grrrr.

    thanks for your thoughts people
     
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  7. Or next time, drink from a different container to one that typically holds alcohol and pour it out when you see the police coming :)
     
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  8. I had a speeding fine years ago that was written out with a spelling mistake on it. I paid it because I knew it was mine. 6 Months or so later, I get a letter from the comissioner of police here in SA (just a standard form letter with a printed signature) telling me that because there had been an error found on my ticekt when it was audited (apparantlety this gets done at random) it was null and void. They gave me back my money and my demerit points.

    It may pay to question this...
     
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  9. Maybe I should then - ill let you know what happens!

    Good advice on tipping it out before they turn up but you should have seen them - 8 police officers on bikes SWOOPED on me it was like a sting operation haha it was actually pretty funny!
     
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  10. lol, they used to do that here in Canberra to catch the underage kids. It was all done in conjunction with Liquor Licensing, and they'd do these SWAT-style sting operations :LOL:
     
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  11. Haha suck it up dude, shouldn't have been drinking on the lawns :p

    You're the first case I've acutally heard of someone getting done for that.
     
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  12. Well if the fine for littering is less than for having alcohol, smash it on the ground asap.

    ... unless they'll do you for both :eek:
     
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  13. A few years ago I forgot my wallet and was issued an infringement notice with the hand written offence of "Failed to pay for rail ticket". I wrote a letter challenging this offence offering a photocopy of my weekly as proof as well as a photocopy of my credit card bill and told them I'd see them in court. They wrote back saying they'd let me off this time.
     
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  14. And the point to your tale is??
     
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  15. His spelling is excellent!
     
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  16. <post removed>
     
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  17. I got gone in '95 for "Failing to signal intention" anyway, Cop wrote wrong date on ticket. Date of offence was 1 month after date of issue lol.

    Withdrawn.
     
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