badkarma85

iTrader: (1)

So I was driving down the wharf area in my zed at about 1.30am with no cars on the roads at all or people (as it is in Hobart). I wanted to check out a new establishment and so I turned into a car park with no cars and later turned out. Seconds after, got pulled over by a cop!

Female cop says "you don't have to tell me but you may if you want to, why didn't you indicate whilst turning into the car park". I said I did, to which she replied she was behind me the entire time.

But the thing is, even before turning in, I spotted the squad car on my far right, hiding under the shadows of a warehouse thus a normal/rational person wouldn't do anything wrong. However, this cop had a different opinion and promptly gave me a ticket for 2 demerit points and 80 bucks for not indicating, which is the maximum fine here. she then tells me "if you want to appeal, I will see you in court". I go home in disbelief.

And the story goes on. I am incensed by this wrongful accusation so I write in a letter to the police dept. detailing the whole incident, highlighting the fact that I've had no prior misdemeanors and that I have just arrived in Hobart after being overseas for over 2 years. 3 weeks later, i get a generic reply saying that my appeal is rejected. I can either pay the fine and take the demerit points or I can contest it in court, to which the police dept will issue. I simply refuse to pay for something I didn't do! I'm sure you guys would agree as well. So,

1) What can I do? What should I do? Am I better off just taking the fine/demerit points than going thru the hassle of it all?
2) Do police cars in tasmania have cameras which might have "recorded" my indicator lights going off or lack thereof? Do you think my car would have been recorded by such a device?

I feel disillusioned by the police dept. here. I have just arrived as a student (which could be part of the reason why the cop didn't like me much) but the fact that the cop said that she would see me in court leads me to think that she knew my first appeal would be rejected anyway (as evidenced by the generic rejection letter). Any legal eagles or people in the justice dept. can help? I know it's a small fine to take, but it's a matter of principle!

Please advise!! thanks

Z350Lover

iTrader: (2)

I think if you didn't do it and reckon you can win the case, you can take it to the court, it is just a lot of time and money wasted that way.

you can also speak to one of the lawyers that handle these types of traffic infringement appeals, they will let you know if it is worth a while to go all the way!

I think right now, all cop cars are equipped with in-car cameras already, so if she was behind you all the time, she would have captured everything she saw...

I think it is the best to speak to one of the lawyer (just a phone call away) and see how it goes from there since they have heaps more experiences!

cheers,

richie

ypwpat

it will be best to Talk to a Lawyer.

badkarma85

iTrader: (1)

thanks for the advice.I was hoping to represent myself actually (I am a law student and perhaps that would be good experience in court? heh).

I wonder if the judge would increase the fine or something to that extent? I wonder if it's worth the risk in the event I really did not indicate?

Also, I feel that from the angle the police vehicle was is, it would have been difficult for her to get a clear view of the indicator lights going off; she was on my far right and i indicated left whilst turning left.

ypwpat

Well it depend on how you feel? Whether time is Worthed to be wasted on $80.

But i guess it is a Good experience for you doing a law and i'm not sure about the court appeal thing. As i never went :P

Anyway mate good luck though.

Btw Love hobart, wish to drive my Z there and kill the road

badkarma85

iTrader: (1)

the roads are great to push the car with the open roads. just that the law enforcement is just too plentiful and harsh! and sneaky as well.

It's a frustrating situation to be in and also makes me lose faith in the justice appeal system if they can't even accept an appeal which is so straightforward.

ejp44

Represent yourself in court, get a friend to video you from the spot they were parked, whilst you drive along and turn into the car park to prove the fact that the lights cannot be seen. Don't let them get you.
John
Hobart (also)

badkarma85

iTrader: (1)

i just sent a request for discovery to see if they have any video evidence of me not indicating; this will (hopefully) let me know whether i should take it to court or just pay the fine. hopefully they don't have any evidence and the infringement can be overturned easily/ or they see that i mean business and just decide to cancel the ticket.

AussieZ33

Hey guys,
Sorry to hear about your ticket. Not all cop cars have cameras in them these days, only Highway Patrol.
What you can do is ring her up and ask if their is any footage and if so you have the right to view the footage. If you go to court, it is pretty much your word against hers if they don't have any video footage.
Another option, which many ppl dont know is to write a letter to the Infringement Processing Bureau and state your case saying that you have never received a ticket in XX years and have a good driving record etc. Which usually works.

Good Luck

badkarma85

iTrader: (1)

thanks for the info. i have received word from them saying that they have no video evidence whatsoever. so, as you said, it's her word against mine.

u mentioned the infringement processing bureau? where can this be found?

cheers.

AussieZ33

The infringement processing bureau should be in the phone book, or ring a police station, it may also be on the ticket itself