We actually do some research here, and we found this which is quite good. Ex causa turpi (non oritur actio).
Basically it means to go to court and have the court rule in your favor you must not have been acting badly at the time. If you were acting badly the court may (and probably will) simply throw out your case.
This is why video evidence of cops (or other scum bags) doing the wrong thing is so important, any case they may wish to bring against you is automatically ruined on proof of ‘Ex causa turpi’. Imagine a police officer trespasses on your land (ignoring the many ‘no trespassing’ notices you have displayed) and you beat him with a stick when he refuses to leave, as he was trespassing, he has no cause of action in court. you probably don’t have a case either, but winning against cops in court is almost impossible anyway, so you were better off dealing out your ‘hillbilly justice’ anyway.
A powerful and simple tool to eliminate vexatious actions.
I can hear you all saying ‘WTF’ right now.
Firstly look at the legal definition of driver, basically someone paid by someone else to drive a vehicle. So ask yourself “was anyone paying or employing me while I was just doing that?”
Likely the answer was no unless you were at work. So if it is in your own time you are not a driver, a driver is an occupation or at least part of an occupation if you drive and do other things for work.
You are not a driver if it is just a means of transport to your place of work.
Drivers license if you are a driver you certainly need this, if you are not a driver it is completely optional, but will cause other complications around registration and insurance.
Even if you have a drivers license and receive an infringement notice, got back to the golden question, “Were you employed and being paid for the time at the exact moment of the alleged infringement?”.
If the answer is no you are not liable.
Don’t argue the point at the roadside, remember the thug has a gun and other nasty stuff (batons, OC spray, etc.).
Just play the paper war later on, it’s far more frustrating for the police, and far safer for you.
Just take what ever paper they give you, and admit nothing.
Never leave the vehicle if at all possible.
So take your infringement notice and read it carefully, find the address for correspondence and write a letter noting the reference number of the infringement notice and the person who issued it.
Tell them something like in the letter.
<your address for mail>
xx//yy/201x (the date)
<their address for mail>
Dear Mr/Mrs/Ms <Policeman/Policewoman>
Re: infringement notice #XXXXXXXXXXXX
Please produce the wage slip that proves that I was the driver at the time.
Please prove your claim in a properly constituted court of law.
<your own name>
They will most likely reply by withdrawing the fine and replacing it with a warning, unless you injured someone, smashed into something ( an injured party exists) or it was for drunk or stoned driving.
The correct court for these fines legally is the high court (though some people will argue no court in Australia is actually legal), which is going to cost them at least $800 just to file the complaint, to try to prove their claim ( the infringement notice). If the cost they might win from paying $800 upfront is less than $800 they are going to lose no matter what happens. This is the true nature of the legal system here it is all about the money. All law is commercial law, keep that in mind when you are dealing with the police lawyers and the courts.
They only exist to make a profit, if there is not profit they simply don’t care.
If this is the only research you have done, you haven’t done enough, but you have started in a good place.
I will add more later relating to entirely commercial nature of law and how we have all been tricked into accepting it.
You are not driving a car, you are traveling in an automobile, while you are not liable to pay fines or infringement notices, you are liable for damage you cause to other parties.
That link from 7 news obviously…
And from one Perth..
Its the great Ozzy dream, work hard for decades, watch your pennies and get a mortgage on a house, maybe raise some kids, and when you are getting close to retirement and the house is paid off, you have some options:
Sell the house and travel, sea change or tree change, or maybe work part time or in a occupation less stressful or softer on the mortal coil, maybe just catch up on TV sports/ books/ gardening….
Let’s face it the home is where the typical man or woman has most of their assets tied up in these days, sure people will try to speculate on the market, but as an investor it’s your right to choose how you want to invest. As a home buyer it’s you supreme privilege to take what ever capital gain you can realize after the mortgage is paid.
Unless you made the mistake of getting an employer like BHP Billiton…
Its called the Ozzy dream because we are all starting to wake up from it and see it the nightmarish reality of employers trying to steal from employees. Just like Occupy began as banks were stealing from their customers and the taxpayer in general, now the employer morphing into a more voracious animal.
The house deal
Initial purchase price from BHP loan $43,000.
Interest rate paid 7.4% (approximately) very close to the average interest rates for the time period 1998-2013, So BHP haven’t really done any special offers there.
So Neville chose wisely and now the house is worth more the 20 times its purchase price, (and more than 7 time the amount repaid) of course Now BHP wants to take it from him.
Current house value conservatively $900,000
Loss in value to the mortgage payer Neville: $774,532 if he were able to sell today.
BHP is trying to steal more than 3/4 of a million dollars of real estate value from a former employee, that they sacked in murky circumstances.
Of course lawyers and government assistance in the dispute fail as they always do.
What is this over?
Neville was sacked after 21 years of service to BHP for allegedly speeding in a company vehicle on the mine site, which he denies. Apparently the fine print in the loan agreement implies the house is forfeit if the employee leaves the company.
Which brings us to:
Imperial Acts Application Act 1980, Section 8, Sub-section 12
“All fines and forfeitures before conviction are illegal and void”
Keep that in mind Neville.
So it sounds like BHP Billiton are not satisfied with taking as much value from the mineral wealth from our continent, they now want to have an illegitimate slice of the real estate pie as well.
So the question is BHP Billiton, would you like to give the man his house back, or would you like to become the new whipping boy of this activist media website?
We have pretty much ruined Robert Doyle, so we are looking for new targets.
Your head office is very conveniently located in Melbourne, Subtle hint.
Anon ops make preparations for plan 16.
How is this going to look in First Priority Enterprise?
Stop smirking, give the man his house back you heartless bastards.