Awkward situation
 

A few months ago a cop phoned and wanted to come around to talk about a traffic complaint about me. I thought fair enough, I'd recently come back from a few weeks holiday when I was totally on my worst behavior doing things like 130mph on public roads, passing stopped cars on give ways, wheels up on the curb, the list goes on...

So the big ugly cop came around and told me the complaint was about me passing on a double yellow line (the two lines in the middle of the road) at 2:15 in the afternoon of December the 9th. Well I was at work that day and got printouts from the security system to show door swipe activity, and got a printout of activity from the phone on my desk, then showed that to the cop. He said either I'm lying or someone else was driving the car. I said no one was driving the car and the only other key is locked in a safe. So he said he is charging me with (not driving offence, but criminal offence) section 118 of the Land Transport Act of not telling him who was driving the car. I told him he is trying to bully me into confessing to the lesser crime of the passing on the double yellow lines. Then the prick just walked off and in a sarcastic note said, "you have a nice day". Well gun laws in our state don't allow me to blow his head off so I called my lawyer who is expensive but very good.

The crazy thing is two separate individuals had gone into the police station and spent and hour or two filling out statements about passing on a double yellow line. I don't know about your country but we pass on double yellow lines all the time, it's not that bigger deal. Each time I go for a bike ride about 30 cars must pass me on double yellow lines, it's that common. So something stinks here, especially as I was NOT driving the car at the time.

My lawyer tried to get the charges dropped but the police weren’t returning calls or "could find the file", so I've now received a summons to appear in court - Geez.

So my goals are to not get a criminal conviction, and secondly find out who is out to get me. Scary huh?

Any good advice other than brush my hair and wear a clean shirt to court?

god, what do they want over there, a time-stamped video of you at work that day? I can't see two separate people going through the trouble. If using an attorney have him interview them. Or at least find out who they are and there account.

Hate to say so, but it sounds like you made some enemies and they are setting you up. When there is more than one...you really have trouble. I had the similar happen to me once and would have never guessed the source. When it happened to me, I thought it was a joke at first. I know, sounds silly, but they are deadly serious if they have gone this far. Do you know the identity of the complainants? Keep gathering evidence, you may need it. Watch your back.

move to a different country

Actually there was one, but the fact that the cop left it 2 months to approach me, our videos at work are only kept for 4 weeks so it was lost.

Yup, someone, or more, is/are out to get me, but I've said to my lawyer to find out who they are and I'll charge them with purgery (spelling) and sue them.

Another strange thing is... If they were going to make up some fake driving charge, why not wait until they actually see me driving. A lot of things don't make sense.

Not sure about your laws, but you'de be pretty safe here. Passing on a double yellow in America is generally a misdemeanor which means it is an offense that must be committed in view of an officer to be prosecuted (unless you admit to it). If you really were at work then you should have witnesses no? I wouldn't worry about it. I would however get your lawyer finding out who filed the complaint and/or if you have the right to know.

The trouble is I didn't confess to it, as I didn't do it, and the cop is hauling me into court on a criminal offence of not saying who was driving the car (as I have proven I was at work).

If I'd know about the charge earlier I would have kept the video of the car park at work to show the car was here the whole time too.

"a criminal offence of not saying who was driving the car "

WTF?
Let's just say that someone (else) was driving your car. How do the cops prove you had any knowledge of said driver?

Who knows; maybe a co-worker took, or made an imprint of your key one day, and has been taking your car out for joy-rides whenever your in a meeting, or such.

I can't believe that the security card printout and telephone call breakdown isn't sufficient. And you should be able to find out who the complaintants are....unless they're already in the witness protection program. ;)

in this country, what you have to prove you were at work is a friggen slam dunk. isnt the burden of proof on the prosecutor? how does the legal system work over there? unless they have a photo of you crossing the yellow line, they have nothing to contradict your evidence. i wonder what the penalty is for giving the judge the finger?

criminy! no krispy kreme, and a jacked up legal system! what kinda backward arse place is new zealand?:)
good luck, i hope you kick his butt.

Krispy Kreme :(

Is it really a crime to not tell the policeman who was driving the car when no-one was driving the car? I would have thought the answer "no-one" was a person, if you know what I mean.

So what if their time is off? If your double lines are set up anything like the ones in the US you shouldn't be passing in them.

Sometime I might snag a few feet of a double when I start or stop passing, but I would never pass on a double unless I had clear visibillity and its some kind of emergency.

Yeah, no Krispy Kreme, was pretty upsetting. Even if I don't like Krispy Kreme, I don't like to feel I'm missing out.

Yup it sounds like a banana republic guilty until proven inocent, and even if I prove myself inocent the cop still wants to keep his conviction statistics up and goes for what he thinks is an easy score.

edit: Cam, that's the way I felt about it. I had answered the question and given all information possible.

Plus the guys at work could even get my car out of a park without crashing it ;) So I don't think that was the case.

You actually had a discussion with the cop? I applaud you. Out here, say one word, and they've got you turned around and are knocking a nightstick against your noggin.

BILL! i got your perfect defense. tell them I was driving your car! cliff law, from the bay area. then when they come after me, i tell them to eff off. "i wasnt even in your country!" and i show them my barren visa page on my passport. open and shut! this case is closed!

ROTFLOL. Perfect :)

I found this online: http://www.legislation.govt.nz/browse_vw.asp?content-set=pal_statutes. I am curious if this is the infraction.

LAND TRANSPORT ACT 1998 PART 3 - ADDITIONAL RESPONSIBILITIES CONCERNING ROAD TRANSPORT 14. False or misleading information not to be given—

14. False or misleading information not to be given—

A person who is required by or under this Act to give any specified information, or who gives a statutory declaration for any purpose under this Act, may not give in response to that requirement, or in that statutory declaration, information that the person knows to be false or misleading.

Interesting law. I wonder what they consider "required", "specified" or "statutory declaration"?

just tell him you couldn't have been driving since you were banging his daughter and wife during a porno video shoot...and they would testify on your behalf but they were so messed up on quaaludes that they forget. But his mother, who was running sound on set, has a DAT master with your voice on it, but since you were using your stage name his wife and daughter kept screaming out "oh Isand, yes Island, do me Island!" so that doesn't help.

That's your story and you're sticking to it...

That's Dirk Diggler's story, isn't it?

Funny...here there are different layers of investigation....

In simple infractions the Police Officer collects information from the involved parties......statements are taken, and the information is dispensed to those who need it... Like the court, the state, insurance companies etc....

Detectives are the ones that get involved when there are missing parts of the equation......

Something isnt right...Crossing the double yellow is generally a stupid thing to do... but not something that warrants a visit from a PO?

Maybe this perspective will work better........

If I walked into my local Police precinct, and made a complaint about a ___ colored__ vehicle passing on the double yellows.... Im sure they would be very polite when they took my statement...

and they would " round file" my complaint as soon as I left...