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Can an alleged driving infringement notice be enforced by an…

Customer Question
Hi. Can an alleged...

Hi. Can an alleged driving infringement notice be enforced by an off duty police officer. Do I have the right to request evidence? What are my rights in general?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

It happened today, just near reefton

Lawyer's Assistant: Has anything been filed or reported?

Not that I’m aware of. I’ve received an email from a police officer stating an off duty police officer witnessed the alleged offence and wishes to issue an infringement notice

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Any other info required?

Submitted: 1 month ago.Category: New Zealand Law
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Answered in 5 minutes by:
3/12/2018
Solicitor: Chris The Lawyer, Lawyer replied 1 month ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,546
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Solicitor: Chris The Lawyer, Lawyer replied 1 month ago

A sworn police officer remains a police officer whether he or she is on or off duty. So they can issue an infringement notice. You can defend this notice, and the police are obliged to supply the information they have kept to support the notice. So any notes kept at the time, or photographs or other records must be provided to you. When you get the infringement notice, you can, using the directions on the notice write to the police and tell them you wish to defend the notice. It will be be set down for a hearing in court

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Customer reply replied 1 month ago
Can I send you a copy of the email?
Solicitor: Chris The Lawyer, Lawyer replied 1 month ago

Yes, but make sure the names are deleted

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Customer reply replied 1 month ago
At 1132hrs today (12/03/18) the Jucy camper van, registered number FSZ418, hired by you was seen driving on SH7 towards Greymouth from Reefton.At that time, an off-duty police officer saw the vehicle drive across the road/rail crossing between Mai Mai Road and Mawheraiti when the red lights were flashing and the bells were sounding. A train was approaching from the south.That crossing was the scene of a recent fatal car/train crash.This is an infringement offence and I intend to take action.You are the only driver named on the hire document so I presume you were the driver at the time. Can you please confirm the identity of the driver so that I can make out the infringement notice.
Solicitor: Chris The Lawyer, Lawyer replied 1 month ago

If you dont provide the name of the driver, they will likely issue the notice against the hirer.

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Customer reply replied 1 month ago
Should it not be the off duty police officer who issues the notice?
Solicitor: Chris The Lawyer, Lawyer replied 1 month ago

Any police officer can issue the notice. The police officer who actually saw this is the main witness

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Customer reply replied 1 month ago
Do they have to support the allegation with video or photographic evidence or is his/her evidence as a witness sufficient?
Customer reply replied 1 month ago
Still there?
Solicitor: Chris The Lawyer, Lawyer replied 1 month ago

Yes, sorry, on the phone

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Solicitor: Chris The Lawyer, Lawyer replied 1 month ago

The evidence of the police officer is sufficient, but they generally take notes which will also be available to you

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Customer reply replied 1 month ago
Am I likely t be successful if I defend the notice? In your professional opinion what would be the best course of action once I receive the infringement. FYI I am from the UK so wouldn’t be able to attend any court proceedings. Can this be done without being present?
Customer reply replied 1 month ago
Hello?
Solicitor: Chris The Lawyer, Lawyer replied 1 month ago
I tried to answer but you opted out
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Solicitor: Chris The Lawyer, Lawyer replied 1 month ago
But in answer, it would be your word against the police, and they are generally believed. Once you get the infringement you can still defend this but without being present in court that is only possible if you brief a lawyer, and without your evidence in response to the police that would be a waste of time. However this is only a minor offence which will be a fine and that is only enforceable if you were still in New Zealand
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Solicitor: Chris The Lawyer, Lawyer replied 1 month ago
You can admit this by letter and explain any factors which you think explain this.
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