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rexsmith
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Traffic ticket

Postby rexsmith » September 4th, 2024, 4:39 am

Has anybody here ever contested a traffic ticket and win of have it dismissed?

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killercow
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Re: Traffic ticket

Postby killercow » September 4th, 2024, 7:57 am

rexsmith wrote:Has anybody here ever contested a traffic ticket and win of have it dismissed?
Yes. What alleged infraction did you commit?

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Re: Traffic ticket

Postby nervewrecker » September 4th, 2024, 9:03 am

rexsmith wrote:Has anybody here ever contested a traffic ticket and win of have it dismissed?
Yeep.

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Re: Traffic ticket

Postby alfa » September 4th, 2024, 9:16 am

rexsmith wrote:Has anybody here ever contested a traffic ticket and win of have it dismissed?

Friend of mine doing that right now. Cop was a no show at court. Think the date go postponed to later but pretty sure he'll win

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Re: Traffic ticket

Postby zoom rader » September 4th, 2024, 9:58 am

Yes , Mr Gear (tuner) got a ticket for a painted on number plate .

Represented himself in court and quoted the law. Won his case on a no case submission

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Re: Traffic ticket

Postby rexsmith » September 10th, 2024, 9:16 am

Question, I was driving a friends car and got a ticket for no inspection sticker so I contested the ticket hoping he had the inspection certificate at least, but he did not, so i emailed the court and told them that i will not contest the ticket but instead pay it but when i went to pay it I was told by TTPOST that the ticket was contested and as such there is a hold on the ticket and I am unable to pay it, until the hold has been removed, What do I do? do I email the court requesting a new date or ask for the hold to be removed?

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Re: Traffic ticket

Postby RGF Asset Management » September 10th, 2024, 10:46 am

rexsmith wrote:Question, I was driving a friends car and got a ticket for no inspection sticker so I contested the ticket hoping he had the inspection certificate at least, but he did not, so i emailed the court and told them that i will not contest the ticket but instead pay it but when i went to pay it I was told by TTPOST that the ticket was contested and as such there is a hold on the ticket and I am unable to pay it, until the hold has been removed, What do I do? do I email the court requesting a new date or ask for the hold to be removed?


Once you have indicated your intention to contest the ticket, payment of the fixed penalty is deferred pending the outcome of the proceedings. A date for your court appearance would be assigned upon your notice of contest. This date is usually well into the future (a few months to a year sometimes more) but it is important to keep a record of that date. An email reminder is usually sent about a week before the court appearance. On your first appearance the police officer would most likely not show up in which case your matter would be thrown out and you are free to go. Even if the officer does show up, the likelihood is that the case would be adjourned for a further few months to a year based on some procedural issue/s. On that subsequent appearance it is even less likely for the charging officer to appear in court in which case the matter is done with and you are free to go. If it proceeds, it is then easy to dispute the facts of the case as alot would depend on memory.

This of course is no guarantee but is based on my own experience of the system and very similar if not identical experiences of a number of other folks in my circle.

My advice to you would be to just wait it out and hold onto your hard earned $$ and not lose any sleep over it as i am sure that it would come to nil.

Keep us in the loop

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daxt0r
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Re: Traffic ticket

Postby daxt0r » September 10th, 2024, 11:35 am

boy go to court an win eh
I have contested several tickets in traffic court and even 1st court criminal driving related offences and won them all.
I even win a no insurance case with a no-show lol so doh beat up go strong
d only one ah eh eva loss was a dui since that scientific in nature i couldn't find ah valid argument.

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Re: Traffic ticket

Postby redmanjp » September 10th, 2024, 3:41 pm

daxt0r wrote:boy go to court an win eh
I have contested several tickets in traffic court and even 1st court criminal driving related offences and won them all.
I even win a no insurance case with a no-show lol so doh beat up go strong
d only one ah eh eva loss was a dui since that scientific in nature i couldn't find ah valid argument.


am i to understand that u only won them because the officer did not show? if he had shown what would have been the outcome?

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Re: Traffic ticket

Postby daxt0r » September 10th, 2024, 3:44 pm

win music , tint and seatbelt charges with officer appearing
win insurance, mirror, number plates, tire, etc charges for no appearance

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Re: Traffic ticket

Postby bluefete » September 10th, 2024, 5:32 pm

Did you hire a lawyer or defend yourself?

daxt0r wrote:win music , tint and seatbelt charges with officer appearing
win insurance, mirror, number plates, tire, etc charges for no appearance

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Re: Traffic ticket

Postby daxt0r » September 11th, 2024, 2:47 pm

myself, i wouldn't use lawyer for dem kinda small thing

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Re: Traffic ticket

Postby redmanjp » September 11th, 2024, 2:59 pm

by chance do u know if the court allow dash cam recordings to be played in court as evidence in your defence?

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killercow
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Re: Traffic ticket

Postby killercow » September 11th, 2024, 7:19 pm

redmanjp wrote:by chance do u know if the court allow dash cam recordings to be played in court as evidence in your defence?
Usually, the magistrate will not entertain video footage due to the fact that said footage will first have to be authenticated, and that is usually always very tricky and complicated.
Yes the video might be date stamped, but how does the magistrate know for a fact that the date stamp on the footage is in fact the correct date?
The officer on the video might look like the officer in court, but the officer can simply say that's not him in the video. Unless you have a witness to state "yes the officer in the video is the same in court", then how are you proving such? It would basically come down to your word against his.

Magistrates have dealt with this issue several times, which is why usually, they are hesitant to even make video footage admissible. However, as I said, there are exceptions to the rule.

My suggestion:
Severely scrutinise the ticket and summary evidence and look for any possible illegalities / errors that would make the charge baseless. Simple things like wrongful location of the alleged offence, incorrect vehicle license plate, driver's permit number, offence committed, name may contain errors that automatically makes the case inadmissible (minor misspelling of your name would not count and be simply viewed as a technicality).

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zoom rader
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Re: Traffic ticket

Postby zoom rader » September 11th, 2024, 7:33 pm

killercow wrote:
redmanjp wrote:by chance do u know if the court allow dash cam recordings to be played in court as evidence in your defence?
Usually, the magistrate will not entertain video footage due to the fact that said footage will first have to be authenticated, and that is usually always very tricky and complicated.
Yes the video might be date stamped, but how does the magistrate know for a fact that the date stamp on the footage is in fact the correct date?
The officer on the video might look like the officer in court, but the officer can simply say that's not him in the video. Unless you have a witness to state "yes the officer in the video is the same in court", then how are you proving such? It would basically come down to your word against his.

Magistrates have dealt with this issue several times, which is why usually, they are hesitant to even make video footage admissible. However, as I said, there are exceptions to the rule.

My suggestion:
Severely scrutinise the ticket and summary evidence and look for any possible illegalities / errors that would make the charge baseless. Simple things like wrongful location of the alleged offence, incorrect vehicle license plate, driver's permit number, offence committed, name may contain errors that automatically makes the case inadmissible (minor misspelling of your name would not count and be simply viewed as a technicality).
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