VIC False accusation re using my mobile while driving

Discussion in 'Traffic Law Forum' started by julesdf, 13 February 2018.

  1. julesdf

    julesdf Member

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    Hi,

    Undercover police pulled me up today and said I was holding my phone. I was actually just changing the temperature control in my car. Both our windows were tinted and we both have the same height car, sedans. Not sure how they even saw in the car and they have no video footage. They fined me and I want to go to court. They said its 2 police officers word against mine. I wasn't holding the phone. What are the chances of me actually winning if I represent myself?
     
  2. Clancy

    Clancy Well-Known Member

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    Sorry to hear, chances of winning is virtually zero. Traffic law is based on the assumption of guilt unless you can prove innocence. So that means you ARE guilty of whatever police decide you are guilty of regardless if it is true or not, then the burden of proof of innocence is on you. So that means from time to time we are all subject to suffering fines through no wrong doing of our own, just chalk it up to bad luck....

    And get a rear mounted dash cam!
     
  3. julesdf

    julesdf Member

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    Wow,

    Thanks for responding. That's horrible that I can just be found guilty on the spot even if it's totally false. I could tell they just wanted to clock up their quota for the week! I'll still go to court for a hearing as I have a good record, but as you said, I'll probably lose!
     
  4. Tim W

    Tim W Lawyer
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    You haven't been "found guilty", you have received an infringement.
    If you court-elect the infringement , then you may lose, or,
    you may not lose.
    People accused of this offence often do better with a lawyer than without one.
    However, I have also had this experience.
     
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  5. Clancy

    Clancy Well-Known Member

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    None of this changes the reality that the burden of proof of innocence lies with the OP.
    I realize courts perceive things based on what is more reasonably believable, but if you go in there with just he said she said, you just wont win against police witness that way.
     
  6. Ozwarlock67

    Ozwarlock67 Well-Known Member

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