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QLD Lack of Rego on Traffic Infringement Notice Taken to Court

Discussion in 'Traffic Law Forum' started by Arri, 11 January 2017.

  1. Arri

    Arri Member

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    Hi,

    Last September, I was pulled over by a roadside policeman with a handheld speed radar. It read 70 in 60 zone. I was issued a handwritten traffic infringement notice, but when I arrived home, I noticed the entire vehicle section was blank, as in no rego details, no vehicle details at all.

    The following week, as advised on back of notice, I wrote to the officer in charge at the station from where the officer who issued the ticket was from. My letter requested the traffic infringement notice be reviewed and be considered invalid due to such an important section of the infringement not being filled out by the officer.

    About 6 weeks later, I received a letter from SPER that read considering I hadn't paid the infringement the matter was now with them. I immediately rung SPER explaining my situation in that I hadn't heard anything back from Southbank Police Station. The SPER lady said she had never seen an infringement come to SPER before that had no registration details.

    I then rung Southbank Police Station enquiring as to why no one had responded to my letter and why was the matter now with SPER?

    She advised there was no record of my letter and pretty much offered little else but I could elect to go to court. I hung up, elected to go to court on the SPER letter I had just received and posted it.

    A couple of weeks ago, I received a letter from SPER stating they had received my election and the infringement had been withdrawn from SPER and was not a matter that sat with them anymore considering my election.

    This evening at 6.45, I had two missed calls both from No Caller ID. At 7pm, two officers were knocking at my door. They said they were here regarding my election to go to court and I said yes I intended to go to court as I didn't believe the infringement was valid as it made no mention of the vehicle I was allegedly driving at the time.

    They then produced some legislation and said that's why they were at my house in person? As they required, weren't asking, me to provide that information to them, then and there. It seemed incredibly threatening as they said if I failed to provide the registration and vehicle details, it would be considered obstruction and I could go to jail for 6 months.

    I couldn't believe they were in my house demanding me to provide them with details of an alleged offense from September last year. I told them this whole incident had been handled unprofessionally and incompetently from the beginning. I then said I couldn't recall which car I was driving as we have a couple and I'd have to check my diary of the date in September as to what I was doing that day and it was impossible for me to remember on the spot.

    He said I could have till Monday and they would return to our home then as I didn't answer my phone. I said that's hardly necessary another visit by two policemen for such information. I gave them my email address instead and told them not to revisit.

    I feel I have already elected to go to court and now they're coming in over the top all heavy handed, scrambling to get their ducks in a row by demanding I provide information to allow them to be in a better position with more information to prosecute me when if they'd done the basics in the first place we wouldn't be in this situation. If they can't gather the most obvious evidence right in front of them, look down and record my rego then how many chances do they need?!

    The officer told me the officer who wrote the ticket was new and that's why he overlooked the whole vehicle section. I commented it's disgraceful the kind of excuses you allow for yourselves aren't acceptable by the public.

    I'm annoyed that I wrote to the police requesting consideration at the time considering the large omission on the ticket, they said they lost it at the time but this evening the officers said it had been located, they must've done some kind of search for it to have gone to SPER?

    It's been withdrawn from SPER but now, 4 months after the alleged offense, they're still pursuing a $160 fine but only with my help by demanding to know what vehicle I was driving at the time!

    Can this be right? I'm considering telling them I can't recall what vehicle, calling their bluff as I'm not sure I can remember and just taking the risk as I actually don't believe they'll pursue this with no vehicle rego. Maybe I'm very wrong but I would like to know the consequences if I don't provide the details as I'm seriously considering this option
    .
    Thanks for any help you can lend.
     
  2. Rod

    Rod Well-Known Member

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    You are allowed the right to not incriminate yourself. In this situation you only have to give name and address. You do not have to give any other information, you do not even have to say you cannot recall. Say the matter is now before the court and you have no comment.

    Write down information about the visit while you still remember the details and be prepared to take it (and 2 copies) to court with you.

    Should they attempt to arrest you, recommend you or someone with you record the arrest because unless there is more to the story than posted, you will likely have grounds for false arrest.

    Whatever you do, stay polite and respectful. Reminding them they should be out catching real criminals doesn't normally go down well.

    What legislation did they quote to you? Are they accusing you of being a terrorist?
     
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  3. Arri

    Arri Member

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    Hi Rod

    Thank you for your prompt response, much appreciated. I'm still bewildered by the interaction last night. It just felt wrong and very odd. The other policeman couldn't even look at me. He never said anything or made eye contact with me during the entire 20 minute visit.

    Last night, the officer also said my letter had in fact been found and reviewed and a letter was sent to me. I told him I hadn't received any correspondence from Southbank Police Station. I then asked him what the outcome of my letter was and he said he couldn't divulge that information at this time. I then asked for a copy of the letter they apparently sent to me and he also said he couldn't give me that either?

    Furthermore, as an aside, the demand letter SPER posted to me was addressed to A K and not A M as it appears on my drivers licence and as it appeared on the infringement notice. Such a mystery seemingly littered with errors hence my surprise this matter still has legs?!

    It wasn't really my intention to go to court I elected to do so thinking someone would actually take the time to look at the infringement and it would never even be referrred to a police prosecutor to take it any further. I actually thought after my election was received I would receive a letter from QPS stating the infringement had been withdrawn.

    So your comments about the possible potential for being arrested, albeit falsely, beforehand is a little concerning. Everything I have stated above is exactly what's happened so far, there are no omissions, this is simply a case of getting a speeding ticket, pointing out an error with the ticket and then the police asking me to incriminate myself after I've elected to go to court.

    I thought about it all night so this morning I directly emailed The Officer in Charge at Southbank Police Station outlining and questioning what has happened so far and also requesting the review outcome and a copy of the letter that was allegedly sent to me.

    Hopefully she is able to make some sense of all this and until then I have no intention of giving any information to the officers when they contact me by my 'deadline' on Monday.

    Thank you for your help, unfortunately, I can't remember what legislation he quoted last night in terms of me being required to provide my registration number .I should've written it down, I should've done a lot of things last night in hindsight.
     
  4. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    We don't have SPER in South Australia, but the matter sounds full of holes and I think prosecution would look at it doubtfully...as would any reasonable magistrate.

    Please keep us informed.
     
  5. Hills

    Hills Member

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    Hi, can anyone tell me if this towing mob take credit card?
     
  6. Arri

    Arri Member

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    Did you mean to post this on this thread?
     
  7. Rod

    Rod Well-Known Member

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    I didn't mean to frighten you.

    Because the behaviour of the police you describe seems so bizarre I have to wonder that if they are behaving like this over a simple mistake on a ticket, who knows what they are capable of doing.

    re: Legislation quoted at you. OK. I more curious in case there is a law I know nothing about that gives police extraordinary powers.
     
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  8. Hills

    Hills Member

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    No!

    Thanks Arri
     
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