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George Lu
TryHard
vic
v8

Posts: 485
Reg: 02-2006

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Friday, January 07, 2011 - 10:29 am, by:  George Lu (Lux) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Friday, January 07, 2011 - 10:56 am, by:  Allan Langford (Allan) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Friday, January 07, 2011 - 11:08 am, by:  Damian Ware (Frozenpod) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Friday, January 07, 2011 - 11:50 am, by:  David Tra (Bookie) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

I believe its illegal to be eating whilst the car is in operation?
Damian Ware
Goo Roo
Victoria
UZZ32

Posts: 1952
Reg: 10-2005

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Friday, January 07, 2011 - 11:54 am, by:  Damian Ware (Frozenpod) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)


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

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Friday, January 07, 2011 - 03:43 pm, by:  Scott Vim (1uz1jz) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Friday, January 07, 2011 - 04:07 pm, by:  Dave Hart (Davyboy) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Friday, January 07, 2011 - 04:29 pm, by:  Don Bagnall (Baggs) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)


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

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Friday, January 07, 2011 - 04:52 pm, by:  Dave Hart (Davyboy) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

A slight note of cynicism Don?
Scott Vim
Tinkerer
Vic
Soarer (1uz) Chaser (1jz)

Posts: 24
Reg: 12-2010

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Friday, January 07, 2011 - 05:37 pm, by:  Scott Vim (1uz1jz) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Friday, January 07, 2011 - 06:15 pm, by:  Don Bagnall (Baggs) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)


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

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Saturday, January 08, 2011 - 08:58 am, by:  Matthew Sharpe (Madmatt) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Saturday, January 08, 2011 - 10:38 am, by:  Narvey Vilaythong (El_pablo) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Saturday, January 08, 2011 - 04:30 pm, by:  Costa Tsimiklis (Driftshop) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Thursday, January 13, 2011 - 02:24 am, by:  Ben Daniel (Lexustt) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Thursday, January 13, 2011 - 07:29 am, by:  Damian Ware (Frozenpod) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Thursday, January 13, 2011 - 08:31 pm, by:  Andrew Duaso (Andrewd) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Thursday, January 13, 2011 - 10:48 pm, by:  Trent Linnell (Tlinnell) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Friday, January 14, 2011 - 03:31 pm, by:  Peter Burrett (Burrett) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

George the answer for your aunt is to join up as a popo
George Lu
TryHard
vic
v8

Posts: 490
Reg: 02-2006

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Friday, January 14, 2011 - 04:06 pm, by:  George Lu (Lux) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Sunday, January 16, 2011 - 09:17 am, by:  John O'Brien (Ziggy) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Sunday, January 16, 2011 - 01:33 pm, by:  Tim Ross (Retox) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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

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Monday, January 17, 2011 - 06:16 am, by:  Matthew Sharpe (Madmatt) Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

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.

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