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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43973
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am fighting a speeding fine and have been through the

Customer Question

I am fighting a speeding fine and have been through the magistrates court recently. The case was decided in the prosecutions favour. The magistrate was incredibly bias and never took any of my evidence into consideration and even denied my affidavit, she basically said I was guilty and that's that.
I then asked the clerk of court after the trial for the signed seal order from a Judge and the findings of fact and conclusions of law, which they have not given me.. I have written to them with a formal request and emailed them several times, each time they have ignored my requests.
I want to know how lawyers would deal with this and why the court can act this way and if there is any one I can complain to? I have written to the Attorney General, but haven't got a reply yet.
A day or two after the trial I got a SPER fine collection notice with a sum of around $500, $220 for the original fine $100 for the special witness which I did not ask for and refused in an email to the prosecution. Another $100 or so for court costs and another $100 and something for a criminal fine levy? Something about if you lose a court case in QLD you have to pay the QLD government??
Please tell me how to stop this nonsense. I don't want stupid one line answers that go nowhere I want good answers that help me.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Firstly in these types of matters you do not file affidavits you give evidence in court.

You then get cross examined by the prosecutor and you also cross examine the police informant.

The court would have made the costs orders and told you.

You have 28 days to appeal the decision.

You should speak to the law society of QLD and have them refer you to a solicitor that practices in Criminal law.

Here is there website

http://www.qls.com.au/Home

The costs are in all states. Not just QLD.

You can also speak to legal aid and see if they can give you some advise on the decision.

Community legal centres also provide free legal advise.

http://www.qails.org.au/01_directory/search.asp?action=search

I hope this makes sense?

Customer: replied 1 year ago.
I've spoken with legal aid before and they usually give me the same non answers, like "well you don't really have a choice it's the law" etc. I want someone who knows about these things to tell me what to do or what a lawyer would do, that's why I'm here paying for it. That 28 days has expired because I was waiting for the court to give me the order which they haven't and then Christmas got in the way. The courts are corrupt and they don't want lay people knowing how to deal with them, they just want their taxes. Well I wasn't speeding and I want justice.
Expert:  Leon replied 1 year ago.

Good morning

I am sorry to hear.

Your position now is to seek an appeal out of time with an explanation.

There is not much else I can offer you. Speak to the Law Society and the Community legal centres.

Good luck. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Customer: replied 1 year ago.
Is there anyone else that can actually answer my question? I'm not paying for something I already know.