speeding ticket

Got caught a couple of weeks allegedly doing 63 kph in a 50 zone
But, one of the streets named "along "A" street between "B" street and "C"
street" namely "C" street is not there at all
The cop named it as Main Street instead of High Street, because locally,
High Street is known as the Main Street
Can this ticket be legally and sucessfully defended against with the wrong
street name ??

 

What State?

 

see a lawyer

 

In Victoria and if it was a "Penalty Notice" then the copper would just
re-issue it if it was found and I use that word FOUND (hint hint) to be
incorrect.

Buzz

 

you also posted this in aus.cars

 

So?
He could post it on the back of the dunny door too. Wouldn't worry me.

(Of course the answer would still be the same. It isn't the sort of
"technicality" that gets you off a speeding fine.)

Moike

 

Yes I did because car drivers suffer the same penalties as bike riders

 

Three options:

1. the Magistrate is currently annoyed at the Police. You get off.

2. the Magistrate is currently annoyed at whining little smartarses
wasting his or her time with trivialities and trying to wriggle out
of things they should just own up to. You don't get off. You pay costs.

3. Daddy is a QC. You can afford to pay, but you don't have to.

It's a matter of luck ...

-----sharks

 

Probably not worth finding out unless there's some precedent already
set. If you go to court to defend a charge of speeding on Street A and
and do not provide any form of defence against the charge of speeding on
Street A you'll probably get what's coming.

Nev..

 

"Denial" by the sound of it.

James
ZZR250==>ZX9R

 

Vincent


Any mistake made on your infringement notice would also question the
remaining information on the Infringement. My advice to you is that you
write a letter to the Infringement Processing Bureau and advise them that
there is no such street in this location identified by the issuing Officer,
and that if there is no such street how could the offence taken place? And
if they wish you will pursue this in a court of law. They would be silly to
proceed with the case as a mistake like this also questions if there has
been any other mistakes made by the Issuing Officer.

I have previously had Infringements cancelled due to mistakes made on
several occasions .
1. Issued with and Infringement when parking my vehicle beside roadway
with "For Sale" in windscreen. Issued with Infringement stating "Vehicle
not on carriageway, Kerb on Boundary". Where there was no "Kerb" Ashphalt
met no kerb but parkland. - I disputed on these grounds ... Infringement
Cancelled.
This is just one of the "few" that I have beaten the Infringement
Processing Bearua on and always look for loop holes.

Good Luck

 

[applause]

 

I think you'll find the infringement was cancelled due to the wrong
offence, not for a mistake in the between streets.

The between streets are for the issuing officers reference only. If
you were speeding on "xx" street, and one of the between streets is
incorrect, ermmm... well, you were still speeding on "xx" street.

There is a part C which the issuing officer gets to make his own notes
which you won't get to see unless you decide to take it to court. When
you get a copy of the part C in the brief of evidence, the officer
will have marked down another location (to narrow it down as some
streets a re a few kilomteres long in some areas) eg "os ABC
highschool". The officer may have even realised his error and ut a
correction on the bottom of the infringement to clarify this.

In my experience, most Magistrates in a Local Court will not get tied
up on such a trivial matter. The argument that "well the between
street "xx" does not intersect with the main street (that you were
travelling on) so I couldn't have been there, probably will not work
with most Magistrates. Otherwise, how did the officer manage to get
your rego, make and colour (and rego receipt number if he or she is a
good lad/lass).

If you are guilty of it, my recommendation is to pay it, otherwise,
you could end up paying court costs, and, if you really pi*s the
Magistrate off, you could be paying professional costs to the NSW
Police Prosecutor.

You could try a letter to the IPB, they'll ask the NSW Police to
clarify the street if you're lucky, and then you'll get the standard
"we have investigated ... blah... blah... Penalty to stand... blah
blah... your next choice is Court blah blah...

As another said, if you did the crime, just do the time and cop it
sweet.