-
All Rights Reserved infringements
Hello all. I’m waiting to receive an infringement for 18km over the limit (absolute rubbish), and false address. I wanted to attempt the BOE but that seems to be a road that will lead to license suspension.
I’m wondering if the ARR is still having major success before court or in court? It seems the only remedy is attempting to hold position in court, as SPERs and any other regulating bodies are steam rolling people, as well as those who are attempting to get their license signed ARR.
When I was pulled over, I was caught off guard so I didn’t do too well. However to set myself up, I tried to get the officer to recognize the signature. I asked if she was recording, which she was, and I proceeded to point out my signature on the license. She admitted to ‘All Rights’, but claimed she couldn’t intelligibly read ‘Reserved’. She did go on to say “You can’t have that in your signature, that’s not part of your signature blah blah”. I was nervous and not up for the fight, so I didn’t really say much (I do know all the lines to say holding position, I just wasn’t mentally prepared as it was on the way home from work).
What is my most secured plan? It seems if I send notices to SPER, they’ll just suspend my license and I’ll be more out of pocket. Do I just elect to go to court straight up instead? Do I attempt to pass up the license, or plead guilty with mitigating circumstances, trading demerit points for money, then discharging the debt? I’m feeling that the difficulty of the game has increased a bit, and it will take someone extremely savvy to cut out a path for us. As I’m sure not many of us have $ for litigation when SPER/TMR breaches a BOE contract.
Does anyone have any tips, advice, added knowledge? I’ve listened to the related material many times, I tend to listen at work.
-
5 Replies
-
Hey, Im curious if you found answers for this and how you went about it?
-
Hi Jess. Well to start off with, I did pay the fine as I wasn’t up for the fight this time. It left a burning desire to not give up on the journey and the learning process, though.
If I was to be in the same position again, I would elect to go to court but still use the BOE $1.05 contract process. You get a free court trial and you can hold the Transport Department accountable. Worst thing I would think to happen, is the contract isn’t honored, so fall back on the ARR (I guess all of this depends on holding position including the $1.05 process anyway).
Because the courts and the regulating bodies are getting more heavy handed, it seems we must also put more securities in place.
I will say this though for everyone else; my sister recently had a guilty/not guilty mention. The clerk inside the court room was inquiring about her position, which at the stand had the magistrate also asking more questions. It seems as if they are wanting to best prepare themselves for all cases. My sister also noted that a bloke before her had a handful of supreme court cases (case law) in his favor, yet the magistrate claimed that didn’t matter and common law was “American rubbish and all gobbledygook”. Now we know that it still an offer, how ever the point is that we can’t expect the judge to either 1. know the law, and 2. be honest with the law. I had spoken to a lawyer recently regarding the vaccine mandates, and at the end I told him about this magistrate. He twisted his face in disbelief, and then laughed. He proceeded to tell me that magistrates aren’t all too bright, and are at the bottom of the ladder. He then told me about one court hearing he had, where the magistrate adjourned the case because he didn’t know the law on it. I asked a little about equity, and he seemed surprised and pleased that I knew about it. I only say this to give people confidence, and to prepare for stubborn magistrates who may not play game. And just because they say one thing, doesn’t mean it’s the truth. So be ready.
-
You are so right. When the magistrate makes a claim it’s great because then we can politely require him to show us evidence for his statement (up to three times if necessary) He will either back down or assent to your position as there is no evidence that courts don’t recognise these things. Mark has all the right questions to ask no matter what the magistrate says and if you watch enough of his webinars and buy the appropriate modules and then role play what you have learnt in preparation, then make sure you record the proceedings you will be able to either get your remedy at district court level or take it to appeal and win.
-
-
Thank you both for your replies.
