10 Comments Criminal law, traffic matters, DUI, assault, theft, fraud
How on earth does he intend to show he did indicate if the police say he didn't? Most police cars have dash cameras, so they will be able to prove he didn't.
He could certainly have made a mistake, when he told the officer he had not received a ticket before, it was a long time ago. But sticking to a lie is very foolish and could lead to a charge of perjury. People have been locked up for committing perjury.
Yes, it is Queensland and section 194 of the criminal code applies. see Details
[QUOTE] CRIMINAL CODE 1899 - SECT 194
194 False declarations
(1) A person who makes a declaration that the person knows is false in a material particular, whether or not the person is permitted or required by law to make the declaration, before a person authorised by law to take or receive declarations, commits a misdemeanour.
Maximum penaltyâ€”3 years imprisonment.
(2) In this sectionâ€”
"declaration" includes a statement and an affidavit. [/QUOTE]
The answer to your question, I think, is probably yes, but that was 15 years ago. I would have thought though that checks would have been done 10 years ago when he applied for his QLD licence.
The way the demerit point system works is that they only "look back" as far as three years, anything older than that is no longer considered. So technically your friend lied but does it really matter?
I lost my P licence many years ago (couldn't reapply for 6 months I think it was) for an accumulation of points for speeding (multiple offences - I was young and silly) but that didn't seem to really affect anything once "I did my time". The penalty was over and done with.
Sorry for my comments jaazz.
When someones opinon is to accuse me of a criminal offence it upsets me.
When he transferred to a QLD licence at the TMR he asked the lady behind the counter how it looked & she said " That looks fine. no issues here".
I was hoping for advice on how he should proceed rather than an accusation of perjury.
Sorry you took it that way, I had no intention of accusing anyone of anything, I just pointed out that to persist with a lie is not wise as it leaves the person open to more serious charges.
Now something else you may not wish to hear, most posts where someone states they are inquiring for someone else, end up being revealed as a personal inquiry. I have no way of knowing if that applies in this case.
You have another thread here where you mention leaving a RBT site and subsequently receiving two expensive tickets and being stood down at work. You imply that you blame the police for this and seem to wish to fight the tickets of to bring a case against the police and are now trying to find out if this interstate record is searchable. Note, I may have this completely wrong and the two matters are completely unrelated however all I am trying to do is to assist you, please see it that way. Now if this is the case, be aware that if you sue the police over any matter, this is tantamount to waving a red rag to a bull.
They will search out everything that is known about you so as to paint you in a bad light in court so they can win their case, if they win they will then apply for their costs, which will be quite high as they employ top legal people. These costs alone can bankrupt an ordinary person.
We had one member here who acted against our advice and even though he withdrew his case at the last minute, the police still claimed their costs against him and won their case, this was years ago and he is still paying this off.
As I said in that thread the least expensive way to handle this matter is to pay the tickets and approach your union for assistance with reinstatement.
citizen-joe 2019-03-23 18:18:28
In relation to the offense of fail to indicate, which is the subject of this thread...
Did the officer check after pulling you over that your indicator was actually working?
If not & you discovered after the event that one of the indicator lights was not working as it should, then you MAY be able to raise that point & seek to have the offense downgraded in court if you took it that far.
As for the 15 year old ticket that you forgot about. Even if that were discovered, it is so long ago that it would have zero consequence in this case.
If you wish to respond to any other matter raised in this thread other than the subject of this thread, please do so in the appropriate thread. BUT, keep it all civil.
Ok, the dashcam he had running can be clearly heard a indicator ticking in the background.
The police officer was walking out of a shop close to 55 mtrs from where he started to indicate.
The polive officer has chased/pursued him for about a K before pulling him over. He was driving very 'quietly' as he always has.
The offence listed on the infringemnent notice is " FAIL TO INDICATE" 2377...... With 2377 being "Disobey official traffic sign".
After speaking to a solicitor he has written a letter to 'the officer in charge' explaining the mistakes & evidence, & he has asking to have the infringement withdrawn. Has this been succcessful before?
Hope this clears up the thread I started this time. Not me but a very good friend here.