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Guilty until proven innocent

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  1. #51

    Join Date
    Dec 2010
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    931

    Update guys:

    So I am given a court order due to "careless driving". I dont know under what grounds I am charged with careless driving. There was no accident, no damages, no traffic violations. The only reason I am in this situation is because the opposing driver THOUGHT he heard a hit and when confirmed no physical collusion, he complaint to the police that I was a careless driver. I never went to the police to give statement and the police bent over to satisfy the complaining twat.

    I will attend the court date but will most likely not plea guilty. I will only consider plea guilty to save the hassle and additional court dates. I cannot believe how ridiculous this traffic police department is. With video evidence and 2 at scene police statements confirming no issues/accident/violations.

    Question: if I plea not guilty at scheduled court date, will I be reschedule for another court date or will I be able to present my case immediately?


  2. #52

    Join Date
    Dec 2019
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    1,967
    Quote Originally Posted by D.YU:
    Update guys:

    So I am given a court order due to "careless driving". I dont know under what grounds I am charged with careless driving. There was no accident, no damages, no traffic violations. The only reason I am in this situation is because the opposing driver THOUGHT he heard a hit and when confirmed no physical collusion, he complaint to the police that I was a careless driver. I never went to the police to give statement and the police bent over to satisfy the complaining twat.

    I will attend the court date but will most likely not plea guilty. I will only consider plea guilty to save the hassle and additional court dates. I cannot believe how ridiculous this traffic police department is. With video evidence and 2 at scene police statements confirming no issues/accident/violations.

    Question: if I plea not guilty at scheduled court date, will I be reschedule for another court date or will I be able to present my case immediately?
    You will not present a case today. A hearing will be scheduled.

    Request the prosecution to disclose all evidence - witness statements (including that of the other driver), video evidence and police notes at the scene.

  3. #53

    why would you plead guilty when you are not ?
    why take the easy way out ?

    at least fight it.


  4. #54

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    Dec 2010
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    I need to go to court to plea not guilty, then go again to present my case. What a stupid waste of time. The police and twat won already by wasting my time and money


  5. #55

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    Dec 2019
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    I would not be surprised if they are going to use something you said against you. Just ask for all evidence that they have on you regardless of whether it is going to be used by the prosecution.

    If there is only one witness statement, clarify that there are no more. If there is no video from the opposing driver, clarify that. If there are no on the scene reports and statements, clarify that.

    HK_Katherine likes this.

  6. #56

    Join Date
    Dec 2010
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    Quote Originally Posted by hike:
    I would not be surprised if they are going to use something you said against you. Just ask for all evidence that they have on you regardless of whether it is going to be used by the prosecution.

    If there is only one witness statement, clarify that there are no more. If there is no video from the opposing driver, clarify that. If there are no on the scene reports and statements, clarify that.
    Where and when do I ask for the supporting evidence? At the time I plea not guilty and setup court date?

  7. #57

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    Aug 2013
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    Write to the police now and ask for it.


  8. #58

    Join Date
    Aug 2020
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    360

    Can you hire a lawyer? I think - if they lose - they pay the legal fees.

    Based on what you've said, it's pretty hard to be proven guilty of wrongdoing when there has been no damage. Generally speaking, there needs to be injured/aggrieved party in order to violate the law and if there is any evidence, it appears to be hearsay and circumstantial anyways.


  9. #59

    Join Date
    Dec 2010
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    931
    Quote Originally Posted by seirin:
    Can you hire a lawyer? I think - if they lose - they pay the legal fees.

    Based on what you've said, it's pretty hard to be proven guilty of wrongdoing when there has been no damage. Generally speaking, there needs to be injured/aggrieved party in order to violate the law and if there is any evidence, it appears to be hearsay and circumstantial anyways.
    Hardly worth hiring a lawyer over this case. I still do not know what the plea guilty fine is. I assume it will be less than 1k. I am just angry how a petty and mentally deranged person can complain into getting his way. I am curious if this case closed and proven innocent, can I sue this person for false accusations?

  10. #60

    Join Date
    Aug 2020
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    360
    Quote Originally Posted by D.YU:
    I am curious if this case closed and proven innocent, can I sue this person for false accusations?
    Precisely why it might not be a bad idea to hire a lawyer - they can probably advise there. However, I don't know what happens with legal fees if you hire a lawyer and the police suddenly drop their case.

    It's not about the monetary damages or fines but it would be good to teach them a lesson or two about how to behave a decent human being.

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