Evading Police charge - officer lied to validate charge?

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ngoep

Member
29 April 2017
1
0
1
Hello,

I've been charged with evading police under section 64A of the Roads Act as I momentarily panicked and increased speed as police turned to pursue me for speeding on a road classed as a highway. At no point was I given a stop signal. I stopped (somewhat erratically, unfortunately) voluntarily and waited for them to come to me. Total distance was no more than 1.5 km (likely less). In the formal charge and summary of facts from the informant, he states that they had lights and sirens. If they have video evidence of my driving to support their allegation, which also includes what I'm quite certain is a false allegation of driving dangerously over the mid-line of the road, should this not also evidence that they did not give a stop signal?

What would be the informant's motivation for overtly lying? Is this fact (which I can't prove!) likely to be of no consequence as this information is only in the preliminary brief?
 

Gorodetsky

Well-Known Member
21 February 2016
146
35
519
Hi ngoep,
I'm not a solicitor.

So you believe the cop has made a false allegation about your driving....Do you think a cop who does that will provide the video evidence which shows the "evading" charge is weak, or do you think they'll bury it?

Cops can write a statement and say that's the evidence...Their partner say (usually verbatim) the same and that gives more weight to their "evidence". This is why interviews now have to be recorded...And why it's in their interest to not provide video which might conflict with their version of events.

You might get video from after they started their sirens...You might not.

You might want a solicitor for this one. The cops will realise you have the money to fight it and aren't gonna just play along and accept a guilty plea.

After its finished, you can make a formal complaint about cop. The number of complaints can add up and limit a cops career...

Regards
Gorodetsky
 

Tony Danos

Lawyer
LawConnect (LawTap) Verified
29 November 2016
330
56
794
Victoria
lawtap.com
You are definitely looking at a lengthy license loss. So, to minimise this it is important to engage a good lawyer. I would need to see the police brief to advise you but would provide 30 minutes of free advice.
Regards
Tony Danos

I've been charged with evading police under section 64A of the Roads Act as I momentarily panicked and increased speed as police turned to pursue me for speeding on a road classed as a highway. At no point was I given a stop signal. I stopped (somewhat erratically, unfortunately) voluntarily and waited for them to come to me. Total distance was no more than 1.5 km (likely less). In the formal charge and summary of facts from the informant, he states that they had lights and sirens. If they have video evidence of my driving to support their allegation, which also includes what I'm quite certain is a false allegation of driving dangerously over the mid-line of the road, should this not also evidence that they did not give a stop signal?

What would be the informant's motivation for overtly lying? Is this fact (which I can't prove!) likely to be of no consequence as this information is only in the preliminary brief?[/QUOTE]
Hello,

I've been charged with evading police under section 64A of the Roads Act as I momentarily panicked and increased speed as police turned to pursue me for speeding on a road classed as a highway. At no point was I given a stop signal. I stopped (somewhat erratically, unfortunately) voluntarily and waited for them to come to me. Total distance was no more than 1.5 km (likely less). In the formal charge and summary of facts from the informant, he states that they had lights and sirens. If they have video evidence of my driving to support their allegation, which also includes what I'm quite certain is a false allegation of driving dangerously over the mid-line of the road, should this not also evidence that they did not give a stop signal?

What would be the informant's motivation for overtly lying? Is this fact (which I can't prove!) likely to be of no consequence as this information is only in the preliminary brief?