Sunday, June 16, 2013

HOW AND WHY YOU SHOULD FIGHT ALL FINES – BY AN EX-SERGEANT OF POLICE

This great as it does make perfect sense, I hope it helps-FT
My name is Stan. I am a retired Sergeant of Police in Victoria for 14 years. I was also a police prosecutor at times, so I know what I am talking about. I spent half my life in Magistrates Court during my time in the Force. I was only ever a very fair copper, and I am proud of my time in the job, looking after the interests of Victorians, often to the detriment of my family and my health.
I never booked any driver for a trifling offence “ever”. People committing trifling offences commonly used to get a warning and a licence / vehicle check. It had to be serious before I booked anyone.
I am so annoyed at what is happening these days, in what I call “Indiscriminate revenue gathering” It is absolutely disgusting. The government and the Police Force need to hang their heads in shame. If you did a survey of current serving members of the police forces in this country, you would be hard pushed to find many who disagree with me.
I know how the legal system works, and I know how to beat the system. This is how to do it, and if about 10% of all drivers booked follow my specific instructions, then the entire system will crash and become unworkable to the extent, that the government will have no choice but to stop issuing fines for every type of traffic offence. The whole lot of them. Seriously.
I do not feel guilty about coming out with this information, as I think it’s about time someone stood up for hard working, civil minded, law abiding taxpayers in this country, who are being screwed.
This is very simple and very basic. The idea is to clog up the system in the traffic camera office and the courts by drivers exercising their rights to remain innocent until proven guilty.
SIMPLE BASIC LEGAL STEPS TO FOLLOW…………….
1. Do not accept the alleged offence. There are numerous valid reasons to dispute every single alleged offence. Often the charges are incorrect or the evidence is illegally or incorrectly gathered.
2. Challenge it, tell them that you are going to defend the matter. Make them earn their miserable $150 or $200 or whatever. They have to prepare evidence and witnesses. Just the wages for the camera operator or the Policeman on the day of the court, will be more than the actual fine. You are also taking a camera operator or a member of the Police Force off the street for the day. But it won’t get to that point…..read on….
3. If a court date is ever set, and it does not suit you, do not accept it, ask for a delay to a time and place that suits you.
4. When they re set the date, delay it as often as possible. keep pleading not guilty all through the process. You have every right to be sick, or go for an adjournment if the day does not suit for any legitimate reason. For example you may have pressing family or work commitments which prevent you from attending a particular court on a particular day.
5. If it ever actually gets to court, (which is unlikely if everyone does this) and if you are unwell that day, ring the court in the morning and tell them that you cannot make it as you are sick. The camera operator, and a police prosecutor will already be at court, and will be greatly inconvenienced, by having to come back another day. The whole time this is going on, the amount of paperwork involved at the traffic camera office is huge. Several staff are involved, and it rapidly becomes very costly, probably running into thousands. …..with me so far…..keep reading…….
6. The court system is then placed under such a massive load by people who wanted “their day in court” that it simply will not be able to cope unless they open up about another 50 magistrates courts, and this is obviously going to cost the government a lot more than any revenue raised. If all the above fails, which is highly unlikely….and you actually go to court and get convicted……you have a right of appeal. Make sure you appeal the conviction. You don’t need to be a rocket scientist to see what happens. They are not going to spend millions chasing hundreds.
7 Tell everyone you know to challenge their alleged offences, and the entire system will crash within a few weeks.
http://www.freethinker.com.au/how-and-why-you-should-fight-all-fines-by-an-ex-sergeant-of-police/
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4 comments:

  1. Further to this from my own experience. If you dispute the case yourself the judge may waive court costs (prosecutors costs) and impose a fine significantly lower than the mentioned number on the alleged expiation notice. This happened to me.

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  2. I have disputed the alleged 5 kilometres speeding fine from onset (February 2011). They issued a purported court order and subsequently a warrant, and refused the review, even so I was never given an opportunity to have my day in court. Now they wrote that they will prevent renewal of registration. Apart from their claim I was speeding, they refused to provide evidence to me about their claim. At www.scribd.com/inspectorrikati is some of my correspondences set out. Obviously, they wouldn't want me to have a day in court because they are aware that after a 5 year epic legal battle I defeated the Commonwealth on 19 July 2006, and so anything but an actual court showdown. Therefore they rather use extortion (to pursue me to pay up or denied re-registration) and terrorism upon me.
    In 2008 the Banyule City Council then issued an infringement notice that I had exceeded 3 hour parking. On my request they provided details and a photo of my vehicle as being parked. It took about 8 months for the lawyer of the council to understand that by their own evidence I was parked for about 2 hours and 29 minutes, and that this is less then 3 hours. Even so they had purportedly dismissed my appeal first, that is the council, somehow they then accepted that 2 hours 29 minutes is actually less then the 3 hours parking restriction, and so I committed no parking violation. they then withdrew their infringement notice.
    Prove the point that the police or other can make asllegations and produce photo's but in the end if their allegation is correct that is the issue.
    Speed detecting equipment are tested normally inside a building, not under conditions of a road, where even if you sit in a vehclice a by passing truck can cause the vehicle to rock. So, the speed detection equipment used (like on the Bolty Bridge) can be misreading as result of its own movement.
    often policed themselves are able to defeat infringement notices issued to themselves because of faulty recordings. No one can accept that this only happens if a driver is a police officer and not to others.
    And, I took a photo in Swanton Street, Melbourne, where a person used a ladder to adjust something on a traffic camera. So, where is the certificate of proper calibration, etc, where the Commonwealth has the constitutional legislative powers to valdidate, calibration, etc?
    And, as the High Court of Australia in Harriss v Caladine made clear a Registrars decision must always be reviewable. Yet the Infringement Registrar refused me a rfeview, and so his purported orders, unconstitutionally issued by a private compnay, for this also is invalid.
    A lot more to this, see my blog.

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  3. Also, the States were created within s106 of the (federal) constitution, and bound by the seperation of powers with independent courts. Hence, the then Attorney-General Robert Hulls had no legal authority to allow Tenix to access court computers (Courts are registered by the Government as "Business Unit 19).
    Neither does the Magistrate Court of Victoria's listing shows the number of court orders/warrants of the Infringement Registrar as in its totality of court orders. Neither is there any registtered business identity CIVIC COMPLIANCE VICTORIA to operate as a business, as it is no more but a registered trade mark. Neither is there any proper registered bank account, as it showed up (in my research) as Civil Compliance Vic.
    As the Framers of the Constitution made clear, that a judicial determination can be made only after both parties have been heard. A purported Infringment Registrar making a purported court order/warrant issue without any open court hearing cannot be valid where the accused is denied to be present at court, let alone be permitted to submit his/her case.
    As the Framers of the Constitution also made clear, that even Ministers and their officials can be sued as like any other person for their wrongdoing.
    Hansard 1-3-1898 Constitution Convention Debates
    QUOTE Sir JOHN DOWNER.-
    I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say that there shall be embedded in the Constitution the righteous principle that the Ministers of the Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as any private person would be.
    END QUOTE

    It is long overdue we sue the hell out of them for their terrorrism/extortion upon our community.
    Do keep in mind the reported 2,000 odd NSW drivers who were issued infringement notices by allegedly for traffic infringement, only then to be exposed they had the wrong drivers. Proves how wrong the system can be when left in the hands of private operators who make millions in prosecuting.

    We need to resore to have an impartial judiciary system!

    And, if you detect any typing/gramatical errors then it means you read what I wrote!

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  4. For those of you who are interested in the Commonwealth Constitution & its interpretation, then you will more than likely find value in reading Gerrit's (Inspector Rikati) work.

    www.scribd.com/inspectorrikati

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