Author |
Message |
George Lu
TryHard vic v8
Posts: 485 Reg: 02-2006
| Hi guys. I need some advise on this to help out my aunty. My aunt was driving last week and was eating some biscuit (packed in crome foil) she used her teeth to open the foil package in traffic and a police saw her doing so. The police then pulled her over and said that he saw her using her mobile phone!!! My aunty advised him that she was eating the biscuit and she did not use her phone. The office again advised that he saw her holding her mobile and was talking on the phone. My aunty then took out the phone from her bag and told the officer to check her call records. The office then claims that my aunt could have deleted the call records and proceed by giving her a fine for talking on phone when driving. My aunty is a very nice and honest lady and I believe the officer was been nasty. My aunty has written a compliant letter and received a mail yesterday (basically it’s fallen on deaf ear). She needs some advise on what to do. PS: happened in VIC Kind Regards |
Allan Langford
TryHard Vic UZZ31
Posts: 256 Reg: 05-2010
| get the phone bill send it to them showing no activity each side of the time the offence was alleged to of been committed, but you only get one chance to oppose the fine via mail, you will now have to take it to court (really worth it?) that being said elderly drivers should look where they are going not be unwrapping biscuits! |
Damian Ware
Goo Roo Victoria UZZ32
Posts: 1951 Reg: 10-2005
| Only option is to take the matter to court plead not guilty and have your say in front of a judge. I suggest she writes down every detail she can remember including the converstation exact words between her and the police office, take pictures of the phone record showing no calls at that time and get the phone record. With the phone records pictures of the phone call history and the honest accurate statement from your Aunty (and the effort she has put in to be factual and prove her innocence) a reasonable judge from what you have provided should rule in her favour. |
David Tra
Goo Roo qld AWD
Posts: 1599 Reg: 11-2007
| I believe its illegal to be eating whilst the car is in operation? |
Damian Ware
Goo Roo Victoria UZZ32
Posts: 1952 Reg: 10-2005
|
David Tra wrote on Friday, January 07, 2011 - 11:50 am:I believe its illegal to be eating whilst the car is in operation?
I don't believe so, as far as I am aware there is no law that states you cannot eat or drink whilst driving. But if you are not concentrating whilst driving for any reason, such as; eating, reading or looking at a map ect you could very easily and should be issued a fine for careless driving. |
Scott Vim
Tinkerer Vic Soarer (1uz) Chaser (1jz)
Posts: 21 Reg: 12-2010
| Damn the old biscuit phone switch-a-roo ey? I would say get a copy of the phone records for sure. Take it to court, probably will get dropped at a summary hearing. If your aunt is in fact telling the truth then she should stand up for that truth. |
Dave Hart
Goo Roo Waikato UZZ32
Posts: 1582 Reg: 08-2005
| She'll need more than 'phone records as the police case is based on her using a 'phone whilst driving and not whether a call was made. A judge will always take the word of a police officer unless the defendant has a witness. The days of police corruption in Victoria are in the past; aren't they? |
Don Bagnall
Moderator New Zealand 2002 Ford Fairmont AUII 6 cyl.
Posts: 7667 Reg: 05-2005
|
Dave Hart wrote on Friday, January 07, 2011 - 04:07 pm:The days of police corruption in Victoria are in the past; aren't they?
Why, yes, of course they are.............. |
Dave Hart
Goo Roo Waikato UZZ32
Posts: 1583 Reg: 08-2005
| A slight note of cynicism Don? |
Scott Vim
Tinkerer Vic Soarer (1uz) Chaser (1jz)
Posts: 24 Reg: 12-2010
| Most of them are good. But like every business it always has dickheads! |
Don Bagnall
Moderator New Zealand 2002 Ford Fairmont AUII 6 cyl.
Posts: 7669 Reg: 05-2005
|
Dave Hart wrote on Friday, January 07, 2011 - 04:52 pm:A slight note of cynicism Don?
Who me?.........Never |
Matthew Sharpe
Goo Roo North Island JZZ31
Posts: 6163 Reg: 10-2005
| Take it to court - the officer likely won't show and the fine will be thrown out. Make sure she takes the phone bill just in case he does show though. |
Narvey Vilaythong
DieHard SA soarer tt and 3T-GTE corona liftback R31 S3 T.I
Posts: 550 Reg: 09-2009
| That is soooooooooooooooooo HYPOCRITICAL! One time when I was driving my soarer, a popo pulled out of HJ's with a whopper in his hand and one hand on the wheel, followed my through an intersection then pulled me over and attempted to defect me... Gotta love the law ey? |
Costa Tsimiklis
Goo Roo Victoria 386.2 rwkw the old T51S setup - New Setup HKS T51R SPL -Going for 450rwkw on Pump Gas!
Posts: 1321 Reg: 07-2008
| Stick to and Dispute the facts accurately and there should be some sort of justice / leniency . |
Ben Daniel
Goo Roo WA UZZ31 & JZA80
Posts: 2529 Reg: 03-2006
| pfffft... let it go... is it really worth all the time and effort to get the fine over turned ??? I can't help but be a fence sitter... I mean, I feel for your aunt and I would be pissed and want justice but at the same time, i've been through this before and honestly, she was just in the wrong place at the wrong time and copped it from a d'head egomaniac cop. She isn't the first and definitely won't be the last. Just let it go buddy, it's not worth the time, letters written, court appearances, police station visits, calls to phone provider just to be able to over-turn 1 fine. If it were something serious then yes i'd go for broke but you gotta weigh up whether the juice is worth the squeeze and considering your letters have already fallen on deaf ears, i'd just cut your losses and get on with life. |
Damian Ware
Goo Roo Victoria UZZ32
Posts: 1980 Reg: 10-2005
| Ben it is partly because of that view we are in the situation we are in. Situation might be different in WA but in Vic you will only need to turn up to court twice you can represent yourself, no visits to police stations are required. Why should you pay a fine and by paying the fine admit guilt to something you didn't do? |
Andrew Duaso
DieHard Victoria 311rwkw
Posts: 662 Reg: 02-2009
| love the law, guilty until you can prove your innocent, and usually its too hard and costly and time consuming to do so, so your just always plain guilty... yep Australia, the lucky country! |
Trent Linnell
TryHard Victoria V8
Posts: 393 Reg: 10-2007
| Did you know its not against the law for a police officer to operate a mobile phone while driving!!!!! So Hypocritical!!!! |
Peter Burrett
DieHard ACT '97 2.5 VVTi ST, '04 IS200, '94 3 ltr Soarer, Cobra 351 Cleveland and about 400 bhp
Posts: 707 Reg: 07-2005
| George the answer for your aunt is to join up as a popo |
George Lu
TryHard vic v8
Posts: 490 Reg: 02-2006
| Aunt is a Doctor. Her daily income = popo's weekly income! Like I said, the money is not the issue. It's just sad to see S*%T like this can happen. |
John O'Brien
Tinkerer NSW jzz30 TT
Posts: 32 Reg: 11-2010
| Seems to me , if the cop said he saw her talking on the phone then he is saying a call was made (up or down). The phone records will indicate whether this was so or not. Sounds like an easy beat. Have your aunt represent herself (guilty people always get representation) and take the phone records with her. |
Tim Ross
Goo Roo Qld 1J + GT35-82R
Posts: 2203 Reg: 09-2007
| I would argue it. When the facts are presented in court, how do you think that is going to reflect upon the officer in question? These bastards prey on the fact that people are too lazy to bother fighting it. When it does happen, they cop it as it is their fault that the courts time is wasted due to their ineptitude. Tell her to take a day off work and see them in court and stick it to them. Its a matter of principle |
Matthew Sharpe
Goo Roo North Island JZZ31
Posts: 6179 Reg: 10-2005
| He won't show if he knows he's wrong. Won't want to risk purger if she has evidence no phone calls were made/received. |