30M indication is required by road laws - so it depends on whether you gave 30M of indication or less JC
when you say 30m (metres), isn't that just for turning corners, or is it the same rule for changing lanes too? Depending on speed, say at 80km/hr, thats 22m a second... so that means I only have to indicate for 1.4 seconds... LOL at 100km/hr, its only 1.08 seconds to indicate... Can law makers even do maths? lol
So!! Law Makers and Police Officers are "uneducated cretins"? IF this is any indication of your ability to accurately convey your intent(Driving, or generally)then, I would NOT make any long-term plans which involve Driving(or a career in Law). They tell me Park Leigh is nice this time of year!:rofl::br:
What are you even getting at? What does this even have to do with anything? Also, if you must know, I just this month settled on $65k from when someone ran me over while I was riding my motorbike. If you're suggesting that I'm an idiot who doesn't understand law or how to drive... then I have to disagree with you there.
"Please join the line on the right...No pushing.....plenty of room for everyone!" Do you suspect that "THEY"..knew you had a financially pleasing result recently, and are now 'tracking' you in an attempt to retrieve all, or some, of your Newfound Wealth?:zlove:
yep - only for corners sorry indicating for passing is "signal each change in position long enough to give sufficient warning to others" which is judgemental But 30m and 3 seconds@100klm are correlating figures in respect to other indication laws, so I would use the longest of those applicable for correlating the average figures of what an average person would consider sufficient by average standards Also sorry - I missed the part where the lady merged into you.........(no need to go on like a dick though...really, especially since you give little information in reality) None of the above applies as your looking at Mitigating circumstances instead It will come down to cost of fighting vs costs of pleading.........you can subpoena anything for a price If your not entitled to Legal Aid - consider pleading your case without representation and without needing to subpoena documents to save big $ (your under oath - your word should be good enough - let them check) Good luck JC
Well, I got to see the footage this morning. The camera clearly showed that I indicated BEFORE changing lanes, and my indicator flashed twice (two complete cycles) by the time I had finished changing lanes. (I wasn't darting through traffic either... it was a fairly slow lane change). And I got a copy of the exact road rule he said I broke... and its ambiguous. Doesn't state any quantifiable value. Secondly, his 5 second rule doesn't apply to my situation and #4 could possibly cover me? So I will probably take it to court and represent myself... Though I am not sure if my arguments from a legal perspective will hold water. Another issue with my indicator auto cancel mechanism is pretty worn and sometimes self cancels without warning or will slip out with the slightest of touch... Not that I'm trying to make excuses but may be a contributing factor? But my biggest concern is that the cop said "he doesn't even need the video footage" to get me through court... which seems unfair. He accused me of this insufficient indication multiple times, but there is no footage of this. So it seems like its then an issue of credibility... so I assume they will take the cops word over mine... which again seems unfair. Plus they could probably get their partner cop to say the same story... Any one know where I can get free legal aid... or even just basic advice so I don't muck it up? Cheers. Oh just for the record, I am working now... If that has anything to do with my "credibility"... *edit* oh also another thing thats retarded... failing to indicate at all is the same points and fine. Go figure T.T;
The policeman threatening you that he doesn't need to show the video in court sounds very much to me like he's saying he wouldn't want to show the video in court! If you're confident the video exonerates you, then you've got every right to claim so in court which would typically force the video to be shown. I had a motorcycle officer waste over an hour of my time on a hot Sunday afternoon while he dicked around on his radio & wrote out four fines totally almost $1400 because he believed that I wasn't allowed to be driving a car on a trade plate a Sunday afternoon. Took a full A4 page letter & a copy of rules of use of a trade plate to defend my right to use the trade plate on any car I like & whatever time of day I choose but sure enough, that nasty prick ended up having to call me to advise that all of the fines were being cancelled. Personally, I wouldn't bother wasting any more time over this, how many hours have you burnt already?... Even if you win & the fine gets cancelled you've wasted so much time... and then again, the legal system might just stiff you on this one just to make it all that much more memorable!
Did you get your own copy of the video? Showing up to court without the video would be pretty silly thing to do.
I asked for it but they wouldn't let me have it. I suppose once I elect to take it to court, I can formally request it.
Did they let you record the recording? Id be talking to legal aid asap if you wish to take this further. You may not get a chance to formally request it once its your day in court. Usually for this kind of stuff you need a lawyer/solicitor to request it for them to do anything.
I actually asked this and he said "ABSOLUTELY NOT! THATS ILLEGAL!!!" I asked a lawyer about this but he wasn't sure about that. I don't know why a lawyer would have the right to request the footage yet I don't... Doesn't make sense. ... I honestly don't know what this guys problem is... I can't seem to find anyone who can give me free legal advice... or atleast cheap... Last lawyer wanted me to pay him $400 to watch the footage to see if I even had a case... sigh...
I'll look into that. I'm not sure if I financially qualify for it. I only made $30k last financial year and not claimed from centrelink... mainly as i was knocked off the bike a while back
My interpretation of him not wanting to give you a copy is that the film helps your case not his . If this is not the case he would be more than happy to hand it over knowing that if you were to show it in court you would be scoring him a home goal. There is no reason once in court that you could not request this to be shown to the court. If he was to then refuse to the court to produce it he will loose credibility as a witness and a normal person would believe he was hiding something. Is some states you can admit a traffic offence (certain offences) and under certain circumstances have any fine waived. Check if this offence is covered by these rules. In the end remember most people don't believe police lie and accusing them of lying general backfires against the accuser. Judges also tend to find you appealing these sort of things a waste of their precious :rofl: time. And sometimes having pride will cost you more than sucking it up and moving forward knowing you are the better person. Believing in Karma helps you move on (may an elephant crap on his lawn ). And the final wise word - A defendant that represents themselves in court has a fool for a client I wish you all the best in this endeavour.
The first court appearance is to let you decide if you wish to plead guilty or not guilty, if you plead not guilty, a new date is set down for mention, you can then ask for all evidence that the police have via said " Video " , as you have asked to view it and was refused, thus you wish it presented as evidence. The Magistrate will order the police to produce said " video " on the day . Whatever you don't admit to having a faulty indicator stalk, as that can cost you another penalty and cost you any argument you might have.
