Author Topic: STrangers return to South Australia for court appearance  (Read 10058 times)

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Offline Biggles

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Re: STrangers return to South Australia for court appearance
« Reply #26 on: September 02, 2016, 09:41:03 AM »
The daily calibration test at Yalata would be intriguing to watch...       :whistle
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Offline johnnyYTED

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Re: STrangers return to South Australia for court appearance
« Reply #27 on: September 02, 2016, 09:55:27 AM »
:dred11
May not apply to you but interesting just the same...
http://mobile.abc.net.au/news/2016-09-02/speeding-fine-challenges-likely-after-landmark-sa-ruling-lawyer/7807582

Thanks for that link Brookester,  I will take a print out with me to court and see if I can use it, I checked out when the article was written and was glad to see its today. not something that is a few years ago and something they can say they have fixed and isn't an issue now.
I think its relevant to me as I have admitted to 'speeding' at 120 kph and my argument is over mr PLODs claim of 131 and his claim I said 'yeah mate sorry I was doing 130'.
Biggles I am trying to think of how to question them on how the daily calibration at Yalata is carried out... Any suggeSTions on wording such?.. I don't want my lack of any high school education to hinder me by asking queSTions worded wrong.
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Offline Biggles

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Re: STrangers return to South Australia for court appearance
« Reply #28 on: September 02, 2016, 03:27:09 PM »
A possible question:

"Can you please describe for me Sir, the process you use every day to test the radar speed detector before using it to measure the speed of vehicles?"

"Are you satisfied that testing complies with the Australian testing standards?"
« Last Edit: September 02, 2016, 03:30:42 PM by Biggles »
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Re: STrangers return to South Australia for court appearance
« Reply #29 on: September 02, 2016, 03:53:05 PM »
A possible question:

"Can you please describe for me Sir, the process you use every day to test the radar speed detector before using it to measure the speed of vehicles?"

"Are you satisfied that testing complies with the Australian testing standards?"

"How does that comply with the Australian testing standards?"  might be a better question, which cannot be answered with a Yes or No.
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Offline johnnyYTED

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Re: STrangers return to South Australia for court appearance
« Reply #30 on: September 02, 2016, 07:29:07 PM »
:dred11
Natman, I did ask for the 5 tickets before and after mine and stated I understand that any personal info ie name address lic rego details will be redacted from these tickets. I had spoken with someone from SAPOL FOI office and the guy said he didn't know of any other request for previous tickets before, which I thought was odd because there was someone contesting a ticket and got the tickets and proved the officer had written consecutive tickets all at the same speed. I remember reading the news article and they were all at 131 kph.
I could use any help to assist me in my defence like How I should go interrogating the officer etc as I am a novice at this.
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Offline Natman

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Re: STrangers return to South Australia for court appearance
« Reply #31 on: September 02, 2016, 08:19:04 PM »
Was it LIDAR that your alleged speed was measured with?
 

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Re: STrangers return to South Australia for court appearance
« Reply #32 on: September 02, 2016, 09:38:49 PM »
:dred11
mobile radar, and they said they detected me from a long way off, given that the road is long undulating (?) terrain I don't know what distance and wether 'line of sight is needed. I remember riding over the top of a ridge and seeing light reflexion on the horizon a LONG way ahead. I was coming up to the top of the next ridge or maybe the 2nd  and the Toyota lock up paddy wagon  came over the top and immediately put on the disco lights and I looked at my speed @ 120kph and pulled over. the Expiation letter that they replied to my 1st letter to them has given me the radar serial nimber and the calibration date of 17 Feb 2016  ,, 21 days prior to the date I rode thru.
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Re: STrangers return to South Australia for court appearance
« Reply #33 on: September 02, 2016, 10:33:47 PM »
Just remember that this is the way to answer them when they question you ;-*


https://youtu.be/W4anxZR1Sgs



https://youtu.be/s_u5ihEx70A


Maybe that's not the best advice :crazy
But I do recommend watching the movie Gettin' Square, it's a cracker :grin

All the best in court mate :hatwave

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Re: STrangers return to South Australia for court appearance
« Reply #34 on: September 04, 2016, 04:15:57 AM »
Hey Dave... funnily enough, even tho I have had that movie in my collection for around 10 years, (it's a 2003 release) I have not as yet watched it?
Will have to remedy that soon  :grin
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Offline johnnyYTED

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Re: STrangers return to South Australia for court appearance
« Reply #35 on: September 04, 2016, 09:55:41 AM »
:dred11
Shiney I wasn't born in 'Minto' mate. but its why I have been asking for any help to NOT appear as I did.
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Offline johnnyYTED

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Re: STrangers return to South Australia for court appearance
« Reply #36 on: September 21, 2016, 05:49:35 PM »
:dred11
 thought I'd let those wondering how things are going here.
I sent off the FOI application and received a reply on Monday 3weeks after they got it. They want my to clarify what I want because my request didn't comply with the act. So after researching and READING the act and the sections they say I didn't comply with I replied by email with my carefully worded response and phoned them to check it complied with the act and subsections. The FOI person said yes it complies, but made a comment that the Expiation office my still not comply saying under section 18(1) "An agency may refuse to deal with an appl...... would, if carried out, substantially and unreasonably  divert the agency's resources.....".  I think this is an excuse to not provide info that dosent support an appellant (me) .
So I will await the response and see if they give me the info requested.
I in my reply asked for the info in 2 ways so they can be clear of what I request.
I request the five Expiation notices written before and after by the same officer ID 072656 (name unknown)  that issued G7681125A on 8/3/2016.    ( he signed it with a squiggle that looks like an & or an 8 ) 

I request the five Expiation notices written from data collected from RADAR Unit serial number XE26590 before and after Expiation notice numbered G7681125A on 8/3/2016 in and around Yalata SA.
 I in writing this now think I should have added in "I understand that any personal Identifiable info will be REDACTED", but I hope they carry that part from my original application, as I stated it then.
 I also was told that Expiation notices are not in sequential order. So does that mean they just have a box full and grab a bunch? One would have thought they would be in a book form and numbered sequentially. Who'd of thought.. that would be easier to track and record them I think..
So I am now putting in another request , this time for diary notes from BOTH the officer unknown by name AND the Corroborating officer I talked with whilst SGT PLOD was writing the Expiation Notice.
 I'll await the decision.
Please give me your thoughts on the above, even if you think I'm wrong.
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Re: STrangers return to South Australia for court appearance
« Reply #37 on: September 21, 2016, 10:01:36 PM »
The expiation notices are numbered using some kind of algorithm. For example the one you received was G7681125A, the next one in the book will be some thing like G7681137A the one after might be G768114XA and the one after might be G7681153A. What I do know is they are in a book and there will be notices before yours (unless it was the first in the book) and notices issued after yours from the same book (unless it was the last one in the book and they had to start a new book). Perhaps what you need to ask is for the previous 5 speeding notices issued by the officer who issued your notice or the corroborating officer on that day and the following 5 speeding notices, after yours, issued by either officer on that day, with personal information redacted (or something like that if you get my drift).
Good luck, cheers Mark
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Re: STrangers return to South Australia for court appearance
« Reply #38 on: September 21, 2016, 10:16:31 PM »
 :dred11
Thanks for explaining that to me  Mark. I reckon it must be hard trying to keep track of it all .. Once I get the local Narellan Police to witness my ID again I will be putting in another FOI application and I like the suggestion about getting tickets written by the corroborating officer incase they take turns in writing them to deceive requests like mine.. Not saying they do do that! Of course I'd like to think there is integrity in all who enforce the laws that we abide by... (snikker snikker) although I admit to being absent minded and 10 kph above the posted limit on that long arduous journey across the paddock. 8)
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Re: STrangers return to South Australia for court appearance
« Reply #39 on: September 23, 2016, 08:31:51 PM »
 :dred11
Today I received this email
Good afternoon Mr Whitehead,

 

We apologise for the delay in response.

His Honour has considered your request but has not made any orders as his will not be the Magistrate hearing the matter in Ceduna on 26 September 2016.

His Honour has granted you leave to appear via telephone on 26 September 2016 where the presiding Magistrate will consider your application and make a determination.

As your hearing is at 11.30 am please have your phone on and available between 11.30am and 12.30pm on this day.

Please supply a telephone number to the court as soon as possible.

 

Kind Regards,

 

Chantel Minopoulos

Clerk to Magistrate Alexandrides

 

Elizabeth Magistrates Court | 15 Frobisher Road, Elizabeth, SA 5112

Ph: 8207 9569 | Fax: 8207 9231 | DX: 50103
so monday I will know if I have been granted an adjournment and venue change. Maybe the Magistrate will hear the case and hopefully find in my favour saving both time and $$$ for me travelling back to SA, or he will just grant an adjournment to hear the case at a later date so I can state my case. OR he will do neither and find against me,, or better still dismiss the case completely.. o:)  Monday will tell.
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Offline Biggles

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Re: STrangers return to South Australia for court appearance
« Reply #40 on: September 23, 2016, 08:47:08 PM »
All sounds like a reasonable situation.
Also sounds like your destiny is in the hands of the Greeks judging by the signatories!   :eek
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Re: STrangers return to South Australia for court appearance
« Reply #41 on: September 23, 2016, 09:38:16 PM »
Thanks for the update mate and good luck for Monday, please keep us updated :thumbsup
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Offline johnnyYTED

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Re: STrangers return to South Australia for court appearance
« Reply #42 on: September 26, 2016, 02:30:56 PM »
 :dred11
Today I appeared by telephone to the Magistrates Court in Ceduna SA.
I was asked by the Magistrate my side of what happened, and after hearing what I said, the presiding officer said to the court he would accept a guilty plea of speeding at 121kph in a posted 110kph zone. The speed Mr Whitehead had admitted to in correspondence relating to the expiation notice.
It was explained by the Magistrate to me and I was asked what I would like to do. I plead guilty to a speed of 121 in a 110kph zone, then I was asked if I had anything further to say. I said that I have owned my motorcycle for 8 plus years and this was the very first speeding ticket I have been issued in over 150,000k's of travelling.I also added that I wasn't consciously speeding and my speed had slightly increased due to my inattention.I also told the court that I have an application to SAPOL under FOI for the tickets prior and after mine and had not at this point received anything more other than a request to clarify my request. The magistrate asked the officer if he had anything to say about my response.He answered No.
The Magistrate s accepted my guilty plea and told me He would record NO CONVICTION, He then asked the presiding officer if he accepted the finding.  :law The officer replied, Your Honor may I add the original fine imposed was $789 and 5 points demerit and that you (the Magistrate) take that into consideration. The Mag.. then asked me for further information regarding my health and income, to which I gave him the relevant info.the Magistrate then proceeded by saying " I find you John Whitehead guilty by explanation to speeding at 120 kph and make NO Conviction Recorded. I fine you $200 for the offence and a further $160 court establishment fee and $100 for... 'something else added..' I cant remember exactly what' and you would also receive the demerit points accordingly for the charge".
He then told me I will receive in writing a notice of fine and details and methods in which I can pay.
 :well I am glad I took the stance I did in contesting the 'alleged speed' and think I was successful in my case. I upheld my integrity  ;-* and received an outcome I am happy with.  ++  :fp I never denied I was above the limit, I only every questioned the integrity of the radar unit and  :cop its operator. I will happily now pay the expiation fine imposed and put this all behind me.
 STranger wont be happy , I think he would love to have gone on another adventure more than halfway across the paddock. I think I will use the $$ saved in standing up for myself and go on another long ride, being more aware of my speed at all times.
 MATTER CLOSED.
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:dred11 :Spyder
 
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Re: STrangers return to South Australia for court appearance
« Reply #43 on: September 26, 2016, 03:03:42 PM »
Johnny, you WERE successful, in that your version of events has been accepted by the Magistrate.  Your integrity is intact, and you have no conviction recorded for the offence that you have admitted to.  Well done for sticking to your principals.   :thumb
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Re: STrangers return to South Australia for court appearance
« Reply #44 on: September 26, 2016, 03:08:35 PM »
Well done Johnny  :runyay
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Offline Sicman

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Re: STrangers return to South Australia for court appearance
« Reply #45 on: September 26, 2016, 03:13:25 PM »
Well done Johnny  :clap
I once contested a false accusation by a highway officer who had tagged us as an old gold coloured commodore doing 131 even though we were clearly a bright new red commodore, not speeding  :cuss. We had seen the gold car go flying past towing a trailer. The Police footage backed our version of events in a double demerit period  :cop.
It cost me $1800 to contest it and the case was withdrawn before it hit court the second time  :thumbs
Sometimes it costs money to stand up for yourself  :wink1
« Last Edit: September 26, 2016, 05:12:47 PM by Sicman »
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Offline Brian

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Re: STrangers return to South Australia for court appearance
« Reply #46 on: September 26, 2016, 04:48:00 PM »
Well done sir for stepping up to the plate integrity intack  :clap
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Re: STrangers return to South Australia for court appearance
« Reply #47 on: September 26, 2016, 04:48:27 PM »
Congratulations on the successful court finding mate :clap :clap :clap
It's awesome to hear that the judge found in your favor :thumbsup
Thanks for keeping us updated :hatwave

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Offline richo

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Re: STrangers return to South Australia for court appearance
« Reply #48 on: September 26, 2016, 06:29:34 PM »
 :thumbs. Well done.  The good guys do win
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Re: STrangers return to South Australia for court appearance
« Reply #49 on: September 26, 2016, 06:51:33 PM »
Cheaper than the original claim by the  :law ... and no conviction!

Well done.
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