In this report: Unofficial pointers from a prosecutor in Redneckistan (which I think some people still refer to as ‘Queensland’).
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This report is inspired by the following unsolicited advice from a Queensland police prosecutor. (Name withheld to protect identity.)
“I prosecute Traffic offences in Queensland. The roadside conversations can help people if they’re dealing with your general duties police, not likely if you are dealing with our road policing guys.
“Queensland has the Penalties and Sentences Act, section 9 speaks about the sentencing guidelines and section 18, No conviction with no further punishment. No matter what the fine is, there is also the offender levy. The demerit points always flow no matter what the penalty, unless you receive the wonderful words of Not Guilty.
“The traffic penalties for traffic tickets in Queensland are set by Queensland Transport. We also have case law where the District Court makes reference to the amount of fine ordered by the court should be higher than the ticket amount to discourage people from contesting a ticket to get a discount.
“Hypothetically, if the ticket amount is $400, you contest it, go to court and decide to plead guilty, you wear the fine plus the offender levy. I say fine because once the ticket becomes a charge, you are open to the maximum penalty which for some offences is 20 penalty units or about $2800.
“One other thing, the prosecutor’s office is somewhat independent of the police who issue tickets. We factor in a range of considerations when deciding if we will continue with an infringement. An example of this, we have a road in Brisbane where there is a Bus jump zone. The lane is a left turn only lane, except for buses which can drive straight ahead, other vehicles must turn left. We recently had a case where a guy got a ticket for disobeying the left turn only sign. AT the time of the offence, every single lane on that road was bumper to bumper so no real gain to be in that lane, so in this instance we discontinued the proceeding.
“Hope this makes sense.”
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3:01 So there's no obligation to incriminate yourself. But you just said to give them a breath test etc etc and literally provide the evidence they will use against you lol. So which is it mate?
Yellow means speed up
Hang on, if they accuse you of an offence, knowing full well you haven't committed one, isn't that lying? If it then goes to court and they maintain such, isn't that then perjury? Is that not, in itself, a crime?
Seriously, what does this say about us, as a society, if the cops are breaking the law? Why haven't we got a law in place that says they aren't allowed to pull this sort of shit? Double standard much?
WTAF?
How are we expected to know if the directive is "Legal"?!
People think I'm slow 'cause i come from Queensland, eh
COP: Do you know why I pulled you over?
The only answer…
"RBT."
Cop: Why is that?
You: Because I didn't do anything wrong.
It gives them an out and you don't screw yourself.
Got a fine for using a mobile while driving when I wasn't.
Didn't bother arguing with the lovely QLD Police motorbike cop on the side of the road because it's a waste of time, so I took it to court because I knew the video footage would show that I wasn't holding a phone.
Turns out the Police prosecutor is convinced I'm on a phone after watching the video, even though the video is unclear and nobody else can see a phone other than the police prosecutor.
I've asked him how long was it in my hand for? and he can't tell me, even though there's a counter on the screen, he told me that it doesn't matter if he doesn't know how long I am holding it.
I told him it's amusing to me that 15 other people have viewed the footage and he's the only one who can see a phone.
The arrogant cocksucker then said "I'm the only one that matters, and I'm convinced that you are holding a phone, so if you want to take it to trial let's do it"
Now I've just gotta cop a $1k fine and 4 points because some police prosecutor reckons he can see something that isn't there
And you wonder why people don't like law enforcement personnel
In Victoria you can be found Not Guilty of a traffic offense but the Courts can't remove the Demerits….that's up to Vicroads and the Courts just say good luck with that….
Just a point – the road rules aren't law. They're just a published set of guidelines
Good luck getting a court date in Vic.
The courts will be backed up here until 2023.