FATE'S COURT CASE (LONG BUT WORTH IT)

Discussion in 'Non Technical' started by Fate, Sep 30, 2005.

  1. Fate

    Fate Evil Genius

    Hi Guys,

    Just thought i'd let you know that i went to court on the 29th September and WON.

    It was alleged that on the morning of the 5th of February 2005 i was doing 135km in a 110 zone just past the Yatala South exit. For those of you that remember the PROLINE tech day it was this morning in which i was pulled over and advised that i had exceeded the speed limit by 25km.


    I decided to fight the charge and yesterday I finally got my day in court.

    Was told originally that court was to start at 9am sharp. I arrived at 25 to 9am. After again pleading not guilty to this offence I was told to wait outside until a courtroom opened up to deal with the offence and proceed with hearing.

    Every half hour I was advised by the prosecutor that all statements that i wished to make would not be considered at all. I continually told him that i'll be the judge of that.

    after waiting around and being told every 40 mins that it would only be another 15 minutes before a court was open i finally got to go into court at 3pm.

    Around 1pm I almost got into a fistacuffs with the Prick of a prosecutor who continually bullied me in an attempt for me to plead Guilty. I REFUSED TO.

    Finally at 3pm when i was called to courtroom 5 upstairs. The judge told me that the prosecutor had 5 minutes in which to arrive or she would dismiss the charge. With only 1 minute to spare the Prosecutor arrived and i was disappointed. The Witness (Officer that "caught" me) was not there and the Judge again advised that if the witness was not there in 5 mins she would dismiss the case. The prosecutor backchatted several times only to be demanded that he was running out of time to find the witness. 2 mins to spare the Witness arrived.


    I entered the court with no physical evidence whatsoever. It was to be my word against the officers. The Judge was very very fair in her decisions and I cross examined the officer.

    Throughout the hearing i maintained eye contact with the judge and gave a clear and direct response to all questions asked. I also got to cross examine the Witness (THAT WAS FUN).

    So to bring you up to speed, I'd gone in completely unprepared, with only my word as my witness. I'd almost had a physical fight with the prosecutor of my case in the hallway. The Witness (Officer that fined me) was supposed to be leading the Police Rememberance day March but couldn't due to being in court with me all day so he was extremely upset, angry and pissed off with looks that would kill. I was approached and bullied continuosly by the prosecuter in the halls to plead guilty. The Judge was in a bad mood. Oh yeh and the Prosecutor tried telling the judge that i was arguing that the LIDAR (radar laser speed detector) was inaccurate. This was not the case at all. I'm sure it was accurate, however the officer had the wrong vehicle especially when he claims that he "HEARD" my exhaust from over 200m away accellorate rapidly after passing the speed detector.

    And there i was, little old Fate with a look of determination and confidence knowing that i refused to lose this case.

    That determination and honesty was enough to put beyond reasonable doubt in the Judge's mind. It also helped that the officer had made slight contradictions in his statement.

    VERDICT: Not guilty of 135km in a 110km zone but was guilty of 122km in 110km zone.

    Reducing my fine from $250 and 4 points down to $150 fine and $40 court cost and no points loss. Seeing I was expecting to lose the case completely and walk away with a bigger fine and longer license loss term.

    THIS IS A HUGE WIN FOR FATE.


    Thanks Neshy for your confidence in me and suggestions along the way.

    Just a hint for everyone as well.

    Suggest we all have our speedo's checked professionally as it may help you in a court of Law, it can be shown as evidence that our speedo is calibrated correctly as our vehicles are getting into 15 yrs or more in their life.

    I also suggest that everyone challenge a traffic infringement if you know that you were in the right.

    Worst case scenario is that if you plead guilty, BY LAW THE JUDGE MUST REDUCE YOUR PUNISHMENT. Also if you are only contesting a traffic infringement due to loss of points you can always apply for a good behavior terms with the QLD Transport.


    Fate... EVIL'S FINEST!!! (still dancing after many sleepless nights)
     
  2. Paul-PT300Z

    Paul-PT300Z New Member

    Careful

    GJ Fate ,Now you will have to paint your car and change your rego number...Those cops wont be happy you beat them ... well done ..

    cyas in 12 days off to Bali:thumbsup:
     
  3. KEZA

    KEZA Zed Fiend

    Well Done Sean>>

    Great to hear that you came out on top.
    Does this now mean that you won't be selling the Zed.:thumbsup: :LOL::LOL:
    Best of luck & drive safely from here on out, cause you can bet that the officer will remember you.
    Cheers
    Kerry
     
  4. MexiCandu

    MexiCandu Grumpy of the Grampians

    Prosecutor sounds like a real peach

    :thumbsup: Guess they hate losing eh? Good for you Sean - now take it easy and give them no reason to drag you back into court again.

    Cliff:):)
     
  5. Fate

    Fate Evil Genius

    Thanks Guys!!! :) :zlove:

    From now on all my racing and drifting and stunts that i use to pull will be 100% on the track up at Willowbank.

    This court case was a fun experience to say the least. It really does test ones patience and pushes the stress levels to the top, especially when the prosecutor was continually telling me not in these exact words but indirectly that i could not win!

    It's true, i didn't walk away with a clear name. But that is to be expected. The ruling was very fair in my opinion.

    I LOVE MY Z and she's not being sold for a LONG TIME!!!

    :zlove:Fate... :zlove:
     
  6. K-zed

    K-zed Secret Squirrel

    Congratulations Sean :thumbsup:
     
  7. THEZED

    THEZED Loose Screws Inside

    Nice one mate!
     
  8. Miksta

    Miksta M Spec

    Great news Sean! :thumbsup:
     
  9. -Neshy-

    -Neshy- New Member

    Good Work Foetus! :D

    Excellent stuff! Lots of respect from me for sticking up for yourself. A great example of why we all gotta stand up for our rights :)
     
  10. SIM300

    SIM300 FAKE MODERAT0R

    You have balls, & you used them, congrats :thumbsup:
     
  11. flame

    flame New Member

    congratz

    guess this means i don't have to come and bust you out of prison
     
  12. FranZ

    FranZ franzonline.net

    Well Done! BUT remember...

    ...if you go to court - regardless whether you win or lose, it goes on your permanent record. To some people thats more important than fighting a traffic offence.
     
  13. red32

    red32 You talkin' to me?

    Well done, Sean.

    Maybe Rodney Dangerfield was talking about the boys in blue/brown/grey when he said "No respect! People don't got no respect these days!"
    Pretty easy to see why!
     
  14. pexzed

    pexzed Forum Administrator

    Re: Well done, Sean.

    Man, I gotta say, if some wanker presecutor was bullying me in a hallway, I would have screamed out at the top of my lungs:-

    "If you come near me again, trying to bully me into pleading guilty to an offence of which I am not guilty, I'll have you charged with harrassment. Now Piss off and leave me alone."

    I've got no problem with good police and good policing, but when someone in that field tries to intimidate me like that, I let them have it. Have done b4, and will do again.

    Know your rights and stand up for them ;)

    btw Sean, congratZ :)
     
  15. Fate

    Fate Evil Genius

    Thanks Pex, and i think i called out loud enough I REFUSE TO PLEAD GUILTY!
     
  16. Baron

    Baron Active Member

    But how fast were you going?????;);)
     
  17. richo

    richo New Member

    What does Mach 1 equal again?? :LOL::p

    Congrats on the win Sean :thumbsup:
     
  18. Fate

    Fate Evil Genius

    Mach 1 = $150 fine and $40 court costs 0 point loss ;)
     
  19. Marklar

    Marklar gruntled

    Top stuff. Of course I'm jealous though, having just come off a 6 month

    suspension and facing another 12 months with no points
     
  20. Wizard

    Wizard Kerb side Prophet

    Iv'e heard there's a copper

    In QLD thats hired a hit man and is looking for someone named Fate.;)
     

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