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Please Advice: Legal Question

N/A®

By N/A®,
in South Australia

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N/A® Experienced

N/A®

Posted
Posted

Hi guys,

I was wondering if anyone knows the technicality for serving a summons.

Basicly, SAPOL is trying to charge me for speed dangerous driving.

On the day the officer pulled me over, he wasnt able to pinpoint my speed.

He claims that I was travelling at an excessive speed because he only caught up to me after driving at high speeds himself.

He didnt give me a fine on the day but decided to summon me to court 2 weeks later.

The problem was that I moved to Japan since then and it had been slightly over 2 years. They have been coming over to my parents home but unable to give me the summons.

My question for those who know, is there a time limit for them to charge me and if not, what would happen if this continues?

Thanks for reading and replying in advance.

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Evil34 Experienced

Evil34

Posted
Posted
Hi guys,

I was wondering if anyone knows the technicality for serving a summons.

Basicly, SAPOL is trying to charge me for speed dangerous driving.

On the day the officer pulled me over, he wasnt able to pinpoint my speed.

He claims that I was travelling at an excessive speed because he only caught up to me after driving at high speeds himself.

He didnt give me a fine on the day but decided to summon me to court 2 weeks later.

The problem was that I moved to Japan since then and it had been slightly over 2 years. They have been coming over to my parents home but unable to give me the summons.

My question for those who know, is there a time limit for them to charge me and if not, what would happen if this continues?

Thanks for reading and replying in advance.

Not 100% sure about the time limit, but they do have to put the summons in your hand personally otherwise it is not legal.

Sorry i know that is not much help.

Boof Mentor

Boof

Posted
Posted
Arnt they supposed to have proof of the speed travelled? Ie show u on the radar what speed u were doing, and report it then and there?

Might be time to find a good lawyer etc...

Thats what i thought, they have to have proof that you were doing those speeds...Was there one police officer or two in the car?? I got done for a similar thing, because there were 2 police officers in the car, 2 SAPOL v's one import driver... wonder which side the judge would take...

They can issue summons without you being there, they issued my summons to my mother whilst i was at work whilst i was living at home....Unless i got stooged on that account!

Pauly33GTS-t Veteran

Pauly33GTS-t

Posted
Posted

sapol read this site. best get this off here id say and if anyone was to give him advice, do so via pm. my advice to you is you didnt remember now did you? you were speeding? couldnt have been you... get my drift *wink wink *nudge nudge.

nos man Mentor

nos man

Posted
Posted

well normally when you don't rock up to court for a long time they'll issue a warrant out for you're arrest! unless you're a murderer you won't be on top of the list! happened to a mate who was up for drink driving charges and when he didn't rock up for a while he was pulled over for speeding once and when the cops checked up on him he was arrested for the warrants or some shit! well it was something like that

Import S13 Veteran

Import S13

Posted
Posted (edited)

they have 9 months to put a warrant in your hand if they dont then you can contest it and ask them why they havent tried harder to find you and summons you if it was such a big deal, the missus nearly got away with it when she got impounded and that what the cops told her too that they have 9 months..

and also if they dont show you the radar gun with your speed they cant fine or prove what speed you were doing

Edited by Import S13
Nightcrawler Grand Master

Nightcrawler

Posted
Posted

WOW - an old school member I haven't heard from in ages! How are you doing mate?

I got a summons for a driving issue a while back and had my day in court etc etc. My mate who earned the same fine and was supposed to get a summons at the same time wasn't home much (around the time I got my summons) and they stopped trying to give it to him. That was nearly a year ago - they knocked on his door twice and failed (neighbours told him), and that was it - he hasn't heard back about it.

But yes, I have also heard that they just turn it into a warrant, so when you get pulled over for some menial thing, they slap bracelets on you and take you away.

I would be fearful about coming back into Australia N/A and would seek legal advice before even trying just in case (if you are ever coming back).

N/A® Experienced

N/A®

Posted
  • Author
Posted

Thanks for all the replies guys!

Im not too concerned about the fine or the loss of licence. The fines in Adelaide are peanuts compared to Tokyo. So consider yourseves lucky guys!! :wave: Its the nuisance for my parents from the police visits that worries me.

I think I can argue the charge because there was only 1 officer and he didnt keep a constant distance to calculate my speed. I believe this is what the law requires, but then again, no one ever knows with law right!

Anyway, if anyone has a definate answer, please let me know!

Whats up Nightcrawler! Hows the 34?

Nightcrawler Grand Master

Nightcrawler

Posted
Posted

yeah it's good mate - loving life! Sold the S15, which sucks :wave: , but on to different things now, so the Skyline keeps me entertained. Hope life is treating you well in Tokyo!

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