Thread: Should I argue it in court?

I got stopped for a breath test here in Tassie and the officer went to his vehicle and stated, when he returned, that I was driving an unregistered vehicle and the vehicle should be impounded immediately. I was surprised and dismayed. I definitely hadn't received a reminder letter and hadn't thought to check the registration date.
The officer said that he believed it was a genuine oversight and said that he was going to look in "that direction" (away from the car) and when he turned around i should be down the road headed for the nearest ServiceTas to sort it out.

Thank you officer for your discretion.

Originally Posted by korg20000bc

I got stopped for a breath test here in Tassie and the officer went to his vehicle and stated, when he returned, that I was driving an unregistered vehicle and the vehicle should be impounded immediately. I was surprised and dismayed. I definitely hadn't received a reminder letter and hadn't thought to check the registration date.
The officer said that he believed it was a genuine oversight and said that he was going to look in "that direction" (away from the car) and when he turned around i should be down the road headed for the nearest ServiceTas to sort it out.

Thank you officer for your discretion.

in SA that wont happen according to the officers ive spoken to
if a cop puts a rego into the computer and its out of date, the rego is flagged with supervision or someone. if the officer doesnt do the no rego dance, he/she gets a please explain why they let someone drive off in an unrego vehicle. the vehicle is not allowed to be driven home, even if its only a street away/around the corner.



how many times do you think a cop hears the same old story, oh i didnt know, i didnt look, its my partners cars, my baby is sick, my next door neighbours dogs uncle's 2nd cousin removed, priest was going to register it this morning.


btw, in SA we dont have rego stickers anymore.

Its up to the prosecutor to prove you committed and offence to the legal standard of Beyond a Reasonable Doubt. The issuing officer willl have to complete a brief of evidence prior to Court. You are intitled to a copy of this evidence prior to the court date. In Qld about 14 days. The officer will also require evidence from Vic Roads as to who what when the notification was sent. If their is insufficent evidence and the likley hood of a failed prosecution a compedent Prosecutor or Brief checker withh withdraw the matter prior to Court. In that instance you face no Court costs. What have you got to loose. A soliciter will cost you just to look at it. Google, Vic Courts case law and look at the offence you have been issued with and outcomes. I would imagine that the issue of notification has been before the Courts before. By the way i'm not a solicitor so any advice is general in nature. I did serve 15 yrs in the thin blue line

Originally Posted by Bazzle218

Its up to the prosecutor to prove you committed and offence to the legal standard of Beyond a Reasonable Doubt.

that bit seems simple.

was the car unregistered at the time? according to dept of transport it was
was chris driving the car at the time? according to the officer who pulled the car over, chris was the driver.
did chris have trade plate? hasnt been mentioned, im guessing no.


why question of why the car wasnt registered isnt relevant.

Originally Posted by Eevo

how many times do you think a cop hears the same old story, oh i didnt know, i didnt look, its my partners cars, my baby is sick, my next door neighbours dogs uncle's 2nd cousin removed, priest was going to register it this morning.

While I understand that, who wants to be driving an unregistered car? If you have anything to loose, that is.

Originally Posted by Eevo

that bit seems simple.

was the car unregistered at the time? according to dept of transport it was but Chris had new plates AND an in date sticker from the same authority without adequate notification
was chris driving the car at the time? according to the officer who pulled the car over, chris was the driver.
did chris have trade plate? hasnt been mentioned, im guessing no.


why question of why the car wasnt registered isnt relevant.

Chris didn't have a trade plate he had NEW plates as according to the paperwork issued to him it was registered, that is why he was driving it.
Now how rare is it for a computer to say its printed and posted an item but either the printer was not loaded/blocked , the ink was out or another fault occurred ? 1/2 the MSIC cards where lost over the 2011/12 dec-jan period and had to be reprinted and resent as the comp/printer stuffed up.

Originally Posted by WhiteD3

Pay it.

Its going to cost you a lot more to fight it and the stress involved could kill you, not to mention the affect it'll have on those around you.

Don't get me wrong, my blood would be up too and it's just plain wrong. But fight the battles you can win and walk away from the others.

Understand what you are saying here... BUT, on your insurance paperwork, you generally have to tell them if you have been "Convicted" of any traffic offences.

By just paying it, you are essentially pleading guilty, and thus, would have to declare it.

Plus, dont forget the points you would get (loose) on your licence.

Now, ok, you were a bad boy & got caught speeding. That isnt in doubt, and neither have you contested it.

What they are looking to do you on, is the "unregistered / uninsured" bit, and that quite often is seen as a bigger no no by the powers that be...

my understanding is that in vic no rego is just a fine $700 or so, with no demerit points. the only reason it is up to over $800 is my own fault because i havnt paid the fine yet so its snowballed and theyve added fees.