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bootlegger:
Some of you know I was involved in a pretty serious accident in my corvette with a car driving on the wrong side of the road last year.Even though the evidence clearly showed the other car was on my side and we had a head on the police decided to charge me.I was seriously injured and 15 months later am still having problems.Not only did I have the physical issues to deal with but also the fact that the guy I hit has a mate who is a retired cop who had significant influence in the polices decision to charge me.Without going into boring details the pokice fabricated and altered information. They continually played games even getting into the ear of the judge at my first court appearance.I finally had my two days in court and the judge ruled that the police got it wrong and I am completely innocent of the charge.Even though the judge ruled in my favor and the charging officer admitted to making up my speed of 120 the prosecutor wanted to continue with the hearing. Their own police forensic report showed at the upper end I was doing 62 in a 60 zone.I feel this is a hollow victory as the judge refused to accept that the police knew the real story and believed tyat they did their job properly so I wasnt awarded costs.The total cost to prove the pokice got it wrong $60000 and I have to wait a month to see if they appeal.Id really like to thank the people who stood by me and believed my story.To the ones who dropped me like a hot potatoe when the going got tough I understand your concerns and dont hold any grudges. You had your reasons and I respect that.Either way I hope I can get on with my life. The police are the lowest forms of life on earth. They really played dirty through all this. They should hang their heads In shame.

gtc:

--- Quote from: bootlegger on November 06, 2015, 08:38:15 PM ---Even though the judge ruled in my favor and the charging officer admitted to making up my speed of 120 the prosecutor wanted to continue with the hearing. Their own police forensic report showed at the upper end I was doing 62 in a 60 zone. I feel this is a hollow victory as the judge refused to accept that the police knew the real story and believed that they did their job properly so I wasn't awarded costs. The total cost to prove the police got it wrong $60000 and I have to wait a month to see if they appeal.

--- End quote ---

Unbelievable! I'm glad to hear that you were found not guilty despite the best efforts of the police to have you hung, drawn and quartered. What possible grounds would the prosecution have to appeal?

On top of $60K in legals, you also have a written-off Corvette and I guess medical expenses.

Was this hearing in a Local Court before a magistrate?

bootlegger:
Yep Graham local court. This female prosecutor hung onto this case for three court appearances. She didn't even want to let it go when the magistrate said I was innocent. To the point she called up the expert police forensic investigator and told him to somehow show how I was speeding. He said it's possible I was speeding but the science said I wasn't.
If there is a way for her to think she can get me they will appeal.
I really don't know where to go from here. I borrowed the money to do this. I reckon I need at least another ten to take on his insurance.
They won't want to give me what it will cost to replace my car.
They too will try and wear me down.

gtc:
My guess is they would most likely appeal if the magistrate had awarded costs against them and, from what I read on the web for NSW local court hearings, that only happens when the magistrate decides that the prosecution effort was malicious or incompetent, or both. (Your legal team could confirm that or otherwise.)

In your case, from what you say, I think the magistrate gave the prosecution a free ride.

As for insurance companies, I reckon they will use any excuse to avoid paying up and the ambivalent nature of the magistrate's finding may encourage the other party's company to deny your claim and tell you to fight them in court -- knowing full well that it is uneconomical to do so.

StephenSLR:

--- Quote from: bootlegger on November 06, 2015, 08:38:15 PM ---the judge ruled that the police got it wrong and I am completely innocent of the charge.
--- End quote ---

Congratulations on getting that sorted. Is there any way for you to claim any recompense for being innocent?
If it cost you $60k, you should sue the pants off them.

s

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