2017 - Current Testimonials
Hey guys. Love your work.
becoming a member 18 months ago haven't paid a cent in fines. Have got 2
speed camera fines, 1 council parking fine dropped before court.
Recently had Driving with Proscribed drug in oral fluid withdrawn at the trial due to no prospect of success. They knew this from the outset but still took it to trial. At the first mention I plea not guilty and they're stunned asking me what defence could I possibly have. I asked them to prove that the sample tested was mine and I collected my sample from SA Forensics and asked them to prove that it hasn't been tampered with. Since that sample getting independently tested was my only means of proving my innocence, if it's integrity wasn't strictly guarded there was no possibility of a fair trial. I didn't even get it tested because I thought it was more valuable as an exhibit presented exactly as it was when I received it.
When I asked for chain of custody
documentation they produced a bunch of affidavits written a year after
the fact. Bottom line is they don't do anything to the standards
required by their so called NATA accreditation. I would say anyone could
use this defence provided they leave it open meaning don't answer any
I actually have 1 more hearing for that regarding what costs they are willing to hand over of the $2500 I am claiming. I cannot find any case law where a self represented defendant has been the successful party and been awarded costs. According to rule 51 of magistrates court criminal rules, I clearly do qualify for a costs order but the scale the rule refers you to does not cater for my situation. It just means section 189 of summary procedures act applies meaning a wide discretion is available and should be applied instead. They know this but they adjourned to try and find a way out I think.
Also during the same incident they searched my car and found some green vegetable matter I didn't even know was there. I had this dismissed at the second mention after submitting a motion to rule the evidence inadmissible.
Schedule 1 of the road traffic act 1961 states that returning a positive oral fluid test cannot be relied upon to exercise search powers. Since I had them on the record saying that they pulled me over with no reasonable cause to suspect anything drug related or any crime, they had nothing to support the positive OFA meaning no right to search
I also asked them to show proof that it was in fact cannabis that they found.
Anyway, minimum 3 months licence suspension, $1500 in fines plus court fees all avoided. I'm even getting them to pay for 2 night's accommodation because at the time of the offence they suspended my licence for 24 hours as well as the $400 spent on AS 5388.1, AS 5388.2 and AS ISO/IEC 17025-2005
Ben - S.A.
I'd like to report a success with two of my fines.
The Speed Camera Fine I received that had inadequate signage was dismissed and the fine overturned. I attended court in Newcastle on March 17th and the Magistrate’s response was, “I believe that you drove to the roads conditions at the time and was not driving recklessly.” I thought that was an interesting comment. I also mentioned that I wrote to the Police to request a review via the SDRO website. They said that it's not the Police that review fines, it is the RMS (previously called the RTA).
As for the fine where I elected to go to court in my Mum's name, this was dismissed also. It seems the letters I sent for both cases for the date that I could not attend court for the mention were effective.
Thanks again for your assistance.
Jon – NSW
I had my morning in court for mention, but they offered no evidence at all including the brief of evidence I was expecting to receive, so the prosecutor said they wouldn't be pursuing the matter any further, so the magistrate informed me that was the end of the matter and that I was free to go, and to have a good day.
Only thing was that in all my excitement I forgot to consult my notes at all, and in so doing I forgot to ask for my costs, as meagre as they would have been (about $200 worth if I'd included the price of the book as well).
Thanks for making the info available, it all helped to make me stand up for myself, so much so that they dropped the matter altogether. I must add that I was innocent of any crime anyway, and had been wrongfully accused, happy with the outcome and the relief that came with it.
After a period of about 11 months I have heard nothing further regarding the parking fine ~ it would appear they have ceased any further action.
I would like to thank your organization for all the help and advice I received from you to allow me to beat this fine. As you quoted they sent me photos of my parked car, threatened me with further fines, advised me to seek legal aid, and threatened me with court action. I thanked them for their information and enquired as to when the first court appearance would be: the date and the time. I have had no further correspondence from them.
Once again thank you for your help and feel free to post my testimonial. Well done Aussie Speeding Fines.
It’s been a while and I’ve been wanting to sharing a couple of mild wins with you lot. The hand of fate and the claimed law has encouraged me to make contact again.
In the last couple of months I’ve had speeding charges withdrawn and discontinued using the ASF 3 step process.
After attending the mention hearing in Nov, claiming innocence and asking for a copy of "the strong camera evidence against me” quote the magistrate. Instead of receiving the evidence I received a letter stating; "As a result of the camera operator who was in charge of this deployment resigning, WA Police is left with no alternative other for the matter to be withdrawn."
After missing a mention hearing in Dec. I was to attend a trial in Geraldton, 9 hours north of my place, in Feb. Two weeks before the trial date, I spoke with the prosecutor via phone who checked all correspondence was there and that there was indeed a critical witness employed to appear at the trial. Interestingly because they just dropped 6 charges for this reason. The week before I received an email from the same prosecutor informing me; "I have just received advice that we will be discontinuing your speeding charge on the trial date. The reason for this is one of the critical witnesses is unavailable.”
In the first case I sent copies of the Private settlement agreement to: Police Commissioner, Minister for transport, Crimes and Corruption Ombudsman, etc. Second case I just sent it to the prosecution, I feel that when they got around to reading it, it was a bit too hard. Just a speculation.
I was glad to be through that… Then on Sat 25 March at 8:50 I got accused of not wearing a seatbelt, by a couple of local cops, of course I was wearing a seatbelt. The officer didn’t like that I chose not to consent to his accusation. he said "OK if that’s how ya want to play” and pulled out the breatho and said I was required to give a sample.
He didn’t know how or want to answer my request, that he provide me with legal foundation enacting the Road Traffic Act 1974 (WA) that he was quoting. He threatened to arrest me if I didn’t blow. I said as far as I know Acts must be enacted via queens proclamation. I’m happy to consent to the breath test if you can provide me with the requested evidence.
I was standing on the road, when he grabbed me by the shoulder and started dragging me toward his car and cuffed me, I asked him why he was harming me unnecessarily? and I was put in the back seat of the cop car. I asked the young woman her name, "Constable Meyers", your first name, “I’m not required to provide it"
Back at the lock up, in a glass cell, I was eventually un-cuffed, as they went through their memorised procedure speak. I asked what if I choose not to blow in your big breath analyser? "Immediate suspension of licence". And if I consent? "Blow Zero and ya free to go". I made a vocal note for their record; that I’m consenting against my will so I can get on with my day.
I had my stuff returned to me and I was given 2 copies of the Infringement Notice ($550 and 4 points) I was escorted out of the complex and sent on my way. When I enquired as to why I wasn’t offered a ride back to my car. he said, "We’re not required to”
Later I called the Margaret River station and was diverted to Bunbury, I spoke with a helpful woman who confirmed that there was no charge against me. So I wasn't arrested. She also said that If I refused to blow in the lock up I would not have had the license suspended but I would have received a DYI record. Guilty until proven innocent...
All power to you,
David - WA
On a happy note: My fine for another event did not eventuate despite summons to court. The case was never processed by QPS
Best endorsement that the letters worked even though QPS threatened me to court by summons.
Amy – QLD.
‘Morning my friends at the ASF,
My first win! I was happy to make you guys aware as they sent me a letter apologising and saying that the charges were withdrawn (3 multanova offences in as many weeks).
Andrew – S.A.
Happy New Year to the ASF Team!
Quick update on some things happening in SA.
SAPOL are not always issuing summons to alleged "criminals". A friend was fined $560 from the Magistrates court without receiving any summons at all! He's had a rehearing and now a pre-trial conference is set for next week.
On November 21, I was picking up my son from his work in his car. Travelling home, we had an unmarked car follow us and park across my driveway. 3 officers hopped out and started walking towards me as I got out of the car.
My first words were: "I hereby revoke the common law license permitting you to enter my property. You are now trespassing and I require you to leave the property". The officers stepped back beyond the mail box and 1 asked for my drivers license and particulars.
My response: "Can anything I say or present to you be used against me in a court of law"?
The answer: "yes"
My response: "The I reserve my right to remain silent. Now are you going to retaliate against me for exercising my rights to silence and thereby damage me either physically, emotionally or mentally"?
The response: "lets just arrest him"
had the 3 officers press me up against the back of the car and handcuff
me. I was taken to Elizabeth Police Station and charged with driving
unregistered, driving uninsured, refusing to provide particulars.
At the interview I was questioned about my particulars and I quoted Hamilton v DPP, Justice Stephen Kaye's statement re common law and no requirement for a man to provide any information unless under arrest. The officer replied "well this is South Australia" so I asked if it was his claim that South Australia did not have common law. Silence.
Then they produced a warrant for a court date I had no idea about and had never received a summons for. The warrant stated I was not to be given bail so I was held overnight and given bail the next morning.
Yesterday was my pre-trial conference. The police prosecutor came out and handed me their brief of evidence. He was also holding my affidavits from last year. He asked if I was going to challenge all the charges to which I replied "absolutely".
He sat down and said "if you plead guilty to the drive while suspended I'll recommend the minimum fine". I replied I need no conviction against me as that will affect my ability to work in the banking industry. He said we could ask the magistrate.
As usual, I was the last to be heard, prosecutor told the mag about dropping the first 3 charges and only 1 charge to be heard with minimal fine and if possible no conviction. Mag questioned me and asked why no conviction so I explained about work.
Mag then made his decision: Fine $100. No court costs. No conviction. Have a nice day.
Very very happy!
Next week I'm in pre-trial conference at the court where the "warrant" was issued. I've requested to inspect the court file prior to that date and now waiting on a response.
Sorry for the long email but thought I should keep you updated. Must confess I've never seen a prosecutor drop so many charges in 1 hit without being asked to.
Wayne – S.A.
is an update on my testimonial (lengthy) I wrote to you some time ago
regarding a speeding fine that was dismissed on the grounds that the
case exceeded the limitations period.
After the magistrate dismissed the original speeding matter on the grounds of the matter exceeding the limitations period the QPS lodged an appeal to the DC in QLD. I was not told or notified of this until receipt of a letter from the QLD DC demanding I respond to the appellant’s claims which by then was 6 months past the due date. Clearly, the bureaucracy has no limits.
Having submitted my defence, I attended court on the hearing date. The magistrate and the court house had different hearing times and I was an hour late. The magistrate apologised for her mistake even though I found out they were going to issue an arrest warrant.
The prosecution claimed that my defence was not in the prescribed manner and therefore I could not present my evidence for defence in court. I told the magistrate what were the grounds of the objection. The magistrate answered on behalf of the prosecution and I pointed out to her that the objection was incorrect because I had stated very clearly in writing what my objection was and referred to the page and paragraph in my submission. Obviously, it appears that the magistrate had not carefully and dutifully read my defence and simply relied upon the reams of paperwork the prosecution was handing the magistrate in court. Again, the magistrate apologised. The system is definitely designed against defendants for traffic offences.
The magistrate then began to read the paperwork handed up by the prosecution more carefully and pointed out some discrepancies. She also noted that the matter was appealed in the DC in favour of the QPS - IE my original win was overturned. However, I asked the DC judge to refer the matter back to the magistrates court as I had not as yet presented my defence for the alleged speeding fine. The DC ruling was on a matter of law not a full hearing of the speeding case. The magistrate thought this to be really strange. I must say even though I lost the DC appeal case the judge appeared to be on my side to the extent that he gave his own personal experience with receiving a traffic fine and SPER action and understood my “frustration” with the system as it is. Please note, the judge did not ask me to reimburse the $550 the QPS paid for my costs in the original magistrate’s decision. THE DC judge warned the prosecution that not seeking reimbursement would be a good idea. They complied.
The magistrate told me how I should have proceeded with the current hearing for her to dismiss the case – interesting. However, since I did not do that she had difficulty on how to run the case since if I win she was sure the QPS would appeal again. The magistrate clearly identified the enormous cost of this case already.
The magistrate asked if I agreed to proceed with my defence on the basis of the irregularities she identified in the prosecution’s paperwork just handed up to her. I refused because I wanted to test the ASF arguments. She asked me what these were and I referred her back to my defence document on the court file as required under TORUM. She immediately said I would not win on the basis of NMA since the QLD appeals court have already made a judgement on this in Crabbe v QPS (2013) and the prosecution would be relying upon this. I said I had opposing cases from superior courts that says otherwise. The magistrate ignored this comment.
The above and other general discussion ensured until the magistrate said if I accepted to pay the court levy costs ($117 from memory) she would dismiss the case without recording a conviction. I accepted since the hearing had now gone on for 3 hours and I could see the magistrate was getting rather uncomfortable with what my arguments were going to be.
Prior to accepting the offer, I stated that I had a number of questions I wished to ask the court before proceeding with my defence since I was not a lawyer and was defending myself. The first question I asked the magistrate was whether I was entitled to a fair trial under Human Rights and Equal Opportunities Act (cth) 1986. The magistrate said she thought that would be a very interesting approach knowing that for traffic offences you are guilty until proven innocent in most States.
said that these arguments and my questions will take considerable court
time if we were to proceed. The magistrate stated that she would be
prepared to sit for as long as it took if I chose to do so.
Unfortunately, it was now well into the early afternoon and I had a golf
game booked which was more important than this ridiculous court case
I accepted the magistrate’s offer and she immediately made her ruling and bolted before I could change my mind.
Sorry, about the length of this email however there are some important points and judge/magistrate reflections/insights that ASF members may find helpful.
This matter commenced in 2012 and finalised in late 2015 after 5 court appearances, 2 magistrates hearings and an appeal the cost of which far exceeded the original traffic offence of $133.00 as noted by the magistrate.
QLD – Ed