by B1NZ » Sat Apr 22, 2006 12:55 pm
Found this on a NZ website a while back, see if this helps you:
The key point to remember is that an infringement notice is only an allegation that an offence may have occurred.
The heading, or statement, regarding the Alleged Infringement Offence would clearly suggest that you are not guilty until either you admit guilt ie pay fine, or the Police prove guilt re the Alleged Offence in court.
While the Police advise that you only have the option of paying the fine or
requesting a court hearing to prove innocence, under common Law the requirement is generally for the prosecuting party (ie the informant) to request a court hearing to prove guilt. The adage innocent until proven guilty is fundamental to Law.
If you are innocent, why should you need to request a court hearing.
It is ultimately up to the Police to request a court hearing, or drop the alleged offence.
The Police seem to have a problem here,
a) They have no tangible evidence.
b) The officer who issued the ticket must now appear in court, so isn't out on the road generating more revenue.
c) If they loose, they could then be laible for costs.
This is why they will try to push the argument that you are guilty and must request a court hearing, if you wish to try to prove your innocence.
Some suggestions
-Don't try to argue case with Ticketing Police Officer unnecessarily, as they may pay more attention to detail
-Even if you don't write to challenge the infringement notice, after 28 days you will receive a reminder notice. After a further 28 days, another reminder notice.
ie You have three months to decide.
-Demerit points can't be deducted until you pay the fine, ie thereby admit guilt. If the case is tied up in court, then no action can be taken until resolved or dealt with by the court.
-Check reminder notices etc for discrepancies with original infringement notice.
-Apart from speed cameras, red light cameras etc, with your typical infringement notice there is seldom any proof retained (electronically or otherwise) that an offence may have occurred.
If no evidence is supplied by the Infringement Bureau upon request, then either the Infringement Bureau is in breach of the Law (by not disclosing evidence), or none exists.
-Don't feel threatened by any threat or statement made by the Infringement Bureau, eg re legal advise, court hearings, fine payment etc.
Just use common sense, and hold firm to the knowledge that you also have legal rights.
-Put the onus on Police to prove guilt, or drop the charge
#1st Letter to infringement bureau
-Deny guilt, request more detail etc
#2nd Letter to infringement bureau
-Request a copy of the disclosure statement
(The infringement notice has two copies. The top copy is given to the defendant.
The bottom is a carbon copy which is handed to the Police staff sergeant or similar and forwarded onto Wellington. The disclosure statement is from the back of this copy, and is headed wish the statement "Notes made at time by Officer".
Check the disclosure statement copy against the original ticket for size, markings or black square where the back of the ticket number should be, changes in hand writing etc. Often the disclosure isn't completed at the time the ticket is issued, and may have been doctored or falsified)
-Request a copy of the relevant leglislationtion eg regulation xx Traffic Regulation 19xx, as recorded on the reminder notice.
-Request proof of the alleged offence, or demand the ticket is waived
#3rd Letter to infringement bureau
-Challenge every aspect of the case as appropriate
-Make the statement, "I deny liability with regard to the alleged offence"
-Suggest that unless the Police can prove the alleged offence they should drop the charge.
-You can even suggest that you understand that it is the right of the informant (ie the Police) to either request a court hearing to prove guilt, or to waive the charge.
#Possible outcomes
a) The Infringement Bureau will drop the case... good one!!!
they have a financial target to achieve.
b) The Infringement Bureau will send the ticket to the court collections department. A $30 charge will be added.
c) The Infringement Bureau will send you a Court Summons, and a letter which reads "Thank you for your request for a court hearing..."
d) The Infringement Bureau will request a court hearing. (Last resort for Police)
#The Court System
The court system (like any other government department) is over worked, understaffed, under funded and has a high staff turnover.
If every one challenged their ticket through the court, the system would fail.
-Under outcome b) the Infringement Bureau have breached your rights by not providing you the option to defend yourself against the alleged offence. They cannot extort your money unless the court finds you guilty
ie innocent until proven guilty...
-Under outcome c) the Infringement Bureau have breached the Law by falsifying a court document ie you did not request a court hearing as stated on the summons.
Complete Form 57 (Statutory Declaration to Correct Irregularities in Proceedings for Infringement Offence), available from the counter at your local district court.
Highlight any issues you have, eg falsified court documentation, errors in proceedings, failure to advise of court hearings etc (you can also refer to and file associated documents or letter etc as the form is only designed for one line statements and space is limited).
The court must now suspend the case until they have time to review the points you have raised. They may send it back to the Police.
While the case is suspended, the Collections department can't purse the fine ie it's suspended (still no demerit points etc).
Even with the case suspended, you may still receive the occasional notice from the Collections dept.
Simply ring the 0800 number to ensure the case is still suspended.
Any action to attempt to collect a suspended fine is unlawful. You could sue them for defamation etc.
Subaru GF8 Wagon Subaru GC8 rally car projecthttp://www.hccc.org.nz - Keep up to date with all motorsport events in the Wellington region
)
