Bingo - when it comes to traffic law, a police officer is your judge, jury and executioner all in one! Now, given the numbers of police out there, all different people of course, there will be a wide variety of possible outcomes, most will be fair, plenty will be unfair and some completely wrong. It's just the luck of the draw - we have to bend over and cop whatever it is.... Unless we can somehow 'prove' innocence.
NSW Riding a Scooter in Car Park Without a Helmet?
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Bingo - when it comes to traffic law, a police officer is your judge, jury and executioner all in one! Now, given the numbers of police out there, all different people of course, there will be a wide variety of possible outcomes, most will be fair, plenty will be unfair and some completely wrong. It's just the luck of the draw - we have to bend over and cop whatever it is.... Unless we can somehow 'prove' innocence.
I think I misspoke about trying to get out of the ticket as it is a private road. I will not be taking this approach and from my personal view (in this case or other situations), I would authorise the police to enter and do their work even if it is private property. I should have clarified that before just fast typing and a quick response without really considering it properly.
Hey no worries... you came looking for help. Every punter here has said you're on a hiding to nothing. if you take it to court, I hope you prove us all wrong... but I know where I'd put my money if i was a betting man and sadly it is on the other horse. Let us know how you go....
Best chance? Your exemplary driving record rather than the private road / low speed zone defence...
Best chance? Your exemplary driving record rather than the private road / low speed zone defence...
I don't even see why you're fighting this.
If you are guilty, as you say you are, then just pay the fine
and go get on with your life.
Losing points means nothing unless you continue to offend,
which you say you won't.
You do understand the difference between a section 10
and an application to RMS for a good behaviour period?
I think that the fine is excessive for this situation, which I should not have, as I mentioned before, when I renewed the my licence (pure luck) I found out as I have good driving record, I paid 50% of the fees which was good. I will repeat that in my situation, i don't think i deserve the fine a caution would have been more appropriate.
Getting the fine and paying it, would mean that I may lose more, there maybe other things may affect if you have good driving record, and the points get wiped off after 3 years, which is a long period and I don't know what happens during the 3 years. I am not planning to offend again, mistakes do happen, if i do a mistake, I am happy to the fine, but in this case, it was not appropriate. So that is why I want a section 10.
I thought if you get section 10 that means a person is automatically is on a good behavior period, this is what I understand. I did not know that I can apply to RMS for a good behavior period, that was not clear to me and no one informed me of it. But applying to RMS for it, does that mean the points don't get recorded like section 10?
It would be good if all those options were written or direction on where to get the info is available. I went with what I understood and what I was informed.
I just came back from court about 30 minutes ago and just changed, did a cup of tea and now to write:
Tim was right! I did not get section 10, he was so right that the Magistrate (Judge) just dismissed the matter...that is right, dismissed the matter, no Section 10, no good behavior, no points and no payment of the fine.
I did request Section 10 or what the Magistrate (Judge) see fit in my statement.
God help who ever hires Tim as a lawyer to defend them, they are done for! And whose is against Tim will surely die from laughter. Tim are you seriously a lawyer? My recommendation is just change your career to a stand up comic!
The result is that I did not have that fine.
Thanks all.
So, I did in fact foresee this possibility.
And so, you are not clever, just lucky.
And now, Mister Lucky 47 year old - it's time, as St Paul said in 1 Corinthians 13,
to put away childish things.
Like your scooter, and your adolescent attitude.
What, are we pissed now?
I don't have an attitude and believe me I'm more mature than you ever will be. A motorbike/scooter is a great means of transport (and fun to ride), it saves lots of time in trips and easy parking.
I am writing from your comments, most of them were not realistic! Just straight to doom! All I was asking if I am able to get Section 10 based on the facts I stated and you went directly to the max penalty and accusing me not being responsible. You do have an attitude, not me. Even if you wrote that one comment but most stated the opposite.
Just be realistic mate, life is not a chopping board! Anyway, I got off which I was not even expecting it, and if I took your suggestion, I would have had 3 points on my record and out of pocket $330. I'm not a lawyer (I did study one subject in law) and I have a bit of experience. I went 3 times to court for traffic fines up to now and I can say I have a 100% success result.
I cannot work out what this phrase even tries to mean.
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For the benefit of later readers of this thread, I'll say this....
On websites like this, one advantage that lay people have compared to lawyers is
that lay people get to say whatever they want.
And, they get to do it without regard to accuracy, reliability, or downstream consequences.
They also get to use petulance, petty rhetoric and personal abuse
without fear of accountability.
By contrast, as lawyers we have, among our numerous legal and ethical duties,
a duty of candour to our clients, and, as officers of the court, a requirement to
conduct ourselves with middling dignity.
One thing we do try avoid is creating false hopes in a client*
that one outcome or another is a certainty, or an "easy out".
As to traffic matters....
In NSW, there is a widely used and highly efficient mechanism
for disposing of court-elected traffic matters called "Pleading guilty with an explanation".
Often, but not always and not automatically, a Magistrate will dismiss a matter
upon a plea of guilty, where there is a reasonable explanation.
"Reasonable" can be a very fluid thing in traffic cases.
This path does not require skill as an advocate.
Nor does it invoke any issues of justice, nor of proportional enforcement,
nor even of technical law.
Discharge on the above basis is really a question of
good luck in court on the day.
Our friend above has not stated whether or not
"Pleading guilty with an explanation" was his chosen course.
In any event, it would be an irresponsible lawyer who let their client think
that discharge on this basis was a certainty, and an "easy out".
And it would be an even more irresponsible lawyer who did it here,
where the background facts and circumstances are so often not available
(often rightly so) in the interests of a user's privacy.
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* a real life client, or even quasi-clients such as
those with whom we engage on here, or might speak to
in a clinic or "walk-in" community activity
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I think it was your lucky day. No fine, no loss of 3 points, great! But I assume you had to take the day off work to go to court, you've spent many, many, many hours on this and you know what, it's the luck of the draw on the day. I spent enough days in the Magistrates' Court in my high school legal studies days to know that like most of us, magistrates' are human and have their good and bad days. What happened to you yesterday could possibly have been a different outcome had you had your day in court today.
I also have a very keen sense of what is right and what is wrong (from reading your posts, I get the impression that you do as well). I'm realistic enough to know that the parking fine I got even though I bought a ticket and displayed it on my dashboard and on querying the fine was told the ticket was upside down and the officer took a photo but they couldn't show me, and I know it wasn't because I looked straight at it when I read the fine and saw the ticket was up the right way....well, I earn more money being at work and paying for the infringement that risking possibly wasting a day in court and the magistrate siding with the local by laws officer over the his word/her word scenario.
Bottom line - you got lucky! Enjoy your luck and buy yourself a lottery ticket and hope the luck continues!
I also have a very keen sense of what is right and what is wrong (from reading your posts, I get the impression that you do as well). I'm realistic enough to know that the parking fine I got even though I bought a ticket and displayed it on my dashboard and on querying the fine was told the ticket was upside down and the officer took a photo but they couldn't show me, and I know it wasn't because I looked straight at it when I read the fine and saw the ticket was up the right way....well, I earn more money being at work and paying for the infringement that risking possibly wasting a day in court and the magistrate siding with the local by laws officer over the his word/her word scenario.
Bottom line - you got lucky! Enjoy your luck and buy yourself a lottery ticket and hope the luck continues!
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