VIC Police officer lied in report

Discussion in 'Traffic Law Forum' started by DeviantByNature, 25 July 2018.

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  1. DeviantByNature

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    Hi all

    I got caught speeding in a 40km speed zone at 86km whilst license was suspended. Sounds bad let me continue..

    I did not see the roadworks sign so assumed speed was usual 80. Turns out speed is 70 my bad so I was driving thinking it was 6km over speed limit. Explained this to the cop he says ok look I wont book you based on 40 I will base it on 70.

    He then says you dont have a license which I was unaware of. They suspended it whilst I was incarcerated and then moved house so never got a letter or anything. I explained this.

    I had my son with me and it was about to piss down rain. He said you arent walking home. I am driving opposite way I wont see you leave. So in other words drive home I wont book u again but another cop might so I took the chance.

    Anyway I get a summons and on the report it says there were no passengers in my vehicle but my son was there.

    Problem is when I go to court I need to say my son was in the car as it is vital information when you consider whether to book me or not - he was bleeding profusely from a scissor injury and I rushed him.to the doctor. It was coming home that I got caught. So if I say my son was with me but police says I was alone then

    A. Will they believe the cop over me? I can provide medical evidence however who is to say I didnt drop him off after the appt but before I got pulled over and.......

    B. If they agree I was telling the truth and the cop lied does that then discredit his report entirely ?

    And finally what is the court likely to do? I was driving for 18 months before this happened I had no idea I had a suspended license
     
  2. Adam1user

    Adam1user Well-Known Member

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    Hi,
    Your situation is tricky as there are many variables, I recommend to talk to a traffic lawyer as people here may give their best advice but may not be to your best interest.
    Good luck.
     
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  3. DeviantByNature

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    Thanks for your help, I will google search for a traffic lawyer and go from there cheers
     
  4. Bill Murray

    Bill Murray Well-Known Member

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    Lol, it's not going to get your case thrown out.

    He likely just made an accidental omission. It'll ONLY be relevant if you go not guilty - and you're obviously not going to do that because you have no valid legal defence.

    If you do in fact intend to plead guilty but this issue is the only hurdle then just write to the officer or the prosecution office and tell him he made an error and you did in fact have your son in the car with you and you feel it is an important mitigating factor so you are going to plead guilty but you want that issue fixed before you do.

    He'll then fix it.
     
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  5. sammy01

    sammy01 Well-Known Member

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    I don't think it is relevant..
    If you were arguing that you drove knowing you didn't have a licence, but it was a medical emergency... then the kid in the car matters. BUT That isn't your case... Your case is you didn't know the licence was suspended, so the presence of the kid in the car is of no consequence.
     
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  6. DeviantByNature

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    Thanks all

    The magistrate said if I plead guilty then I will face a one month license suspension - its mandatory. Is that true ?
     
  7. sammy01

    sammy01 Well-Known Member

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    No idea - but take the month... That is a win...
     
  8. WAbloke

    WAbloke Active Member

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    go to the hospital and get a treatment record of your son and an accompanying letter to say you were the person who brought him in., then plead extenuating circumstances.
     
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