QLD Police Took Plates While Suspended - What are My Chances?

[Northshideworker]

I've been on 6-month suspension. I moved houses and didn't realise I accumulated points. I went to court, got suspended 6-months. The police later told me if I rang transport department, it would have been thrown out of court and before the court took my 1 point. Then while on 6-month suspension, the same police officer turned up to house said he saw me driving and took my plates, potentially losing my drivers licence for a year.

Now I wasn't driving. I have pleaded not guilty, have two affidavit's from drivers who drive me to work and back and use my car. I saw the video footage where it's the same car as mine but cannot see the plates, and cannot make out the driver. Both drivers who drive my car have been pulled over up to 12 times and not once have I been in the car or driving?

What are my chances as I feel this police officer has it in for me? And my 6-month suspension also runs out before court, where I will have my licence back.

This is the first time I've ever lost my licence. I'm 40-years-old and work full time.

Just wondering about the bad evidence. I've got two signed affidavits and testimonies saying local police have pulled the car over 12 times with me never being in it once.

 

[Rod]

You can also wonder why if they saw you driving they never pulled 'you' over.

The police have to prove beyond a reasonable doubt it is you driving. Based on what you have described they do not have much evidence.
Affidavit by mates are of limited value. You need the mates at court to give sworn evidence to counter the police sworn evidence.

It helps to get the dates and times of when you are supposed to have been driving so you can cross check where you were at those dates/times.

I do wonder if being pulled over repeatedly based solely on car ownership is starting to constitute police harassment.

 

[Northshideworker]

One hopefully both drivers will be at court and will tell the judge how many times they have been pulled over in the car .. Even on the voice recording the senior Sargent lied and it's recorded .. I said you seen my bald head he replies yes I seen your bald head .. Then i replied well I drive with a hat on always .. Then I kept saying he was a lier and I then said its funny my hats in the car and I drive with a hat on and you said you seen a bald headed guy .. Then he replies I didn't say I seen a bald headed guy your putting words in my mouth now .. It's all on the recording so obviously he didn't see the driver his going off the policeman who I have history with ..

 

[Northshideworker]

They said person was speeding and got away .. Why was there no fine for speeding or dangerous driving all he did was take my plates .. Because he didn't know who it was ..

 

[Rod]

Under what law have they taken the plates?

 

[Northshideworker]

On file it said one policeman said it was me the one I have previous history with .. " Not a bad history " he was one of the policeman that pulled me over on loss of points when I lost my license .. The other policeman obviously has taken his word for it and they turned up to my house and took the plates under suspicion that i was driving suspended .. They rocked up fined me took my plates .. I blew up .. They said why is your car warm .. I replied because Iv only gotten home from work 30 minutes ago from work which is 40 minute drive in traffic so the car will still be cooling but the driver only left 15 minutes ago from using my car ..
I said you cannot take my plates he said move away or we will arrest you .. I said I wasn't driving my car Iv been home for 30 minutes i said show me evidence ..
Anyways they took plates in which i had to wait 7 days ..
Got evidence in the video footage I picked up cannot see or make out license plate and windows are dark cannot make out person in car .. They turned intersection car was gone by then .. Where you can see police driving over 100 in a built up area .. But then if it was me why havnt they given me speeding tickets etc

 

[Rod]

Hmmm, reads like they confiscated the plates under 'hooning laws' eg speeding.

I am having trouble understanding what the police have charged you with. You said:

they rocked up fined me took my plates

Have you been charged (ie have to go to court) or fined (issued an infringement notice)?

And under what law? It will be on the notice.