My Day in Court

      It all started very early on a Saturday morning last October.  Holding a new Australian drivers license, I couldn't convince Kev to get out of bed at 6:30 a.m. and drive me to the Canning Vale Markets (see Canning Vale Market ) where I could buy the tomatoes that would eventually win me the blue ribbon at the Perth Royal Show ( see 2010 Perth Royal Show ).   But I digress.  With much map searching and white knuckles, I negotiated complex intersections on the wrong side of the road/wrong side of the car without distraction (radio, air, etc.,) or speed and completed the journey.  Thought no more of it until a traffic infringement came in the mail. 

     The lackluster photos indicated that I ran a red light. Gee, I was sure it was yellow. Kev snickered and reminded me that in OZ it is the back bumper that counts in this country, not the front.  Well, I would have paid the fine and called it a lesson learned...until we read the wording of the infringement.  It made no sense, whatsoever.  And I asked around to people who would know better. The photos weren't impressive. And, well, doggone it, certainly there has to be some leniency for  a new driver in this country.   I will challenge this.

     Friday, nine months later, I finally get my day in court.  The prosecutor takes me aside to discuss the case.  Shockingly, inaccurate infringement and prosecution notices are  common and are routinely changed in court with the magistrates approval.  Yoikes, I'd get fired in a heartbeat for being that slack.  I decide to see one of the Duty Lawyers [for $20 you can get legal advice, even represented if pleading guilty, by real lawyers for what are called "petty sessions court". Many people do spend the money to minimize their damage.  It's a bargain, actually.]     While I was waiting, the prosecutor and assisting officer found me. Did I know there was video? VIDEO??!!   News to me, but eager to see it.  And indeed, if you advance the video frame by frame, you can see that I was about four feet behind the line when it turned red.  Two of my three defenses shot, I've no choice but to plead guilty.  The prosecutor said he would speak on my behalf as far as the heretofore unknown video was concerned.

     The court reconvenes:

     There is a change in this case?

     Yes, Magistrate.

      You are Canadian?

     I was born on the US/Canadian border on the US side.

     Oh, I was looking at your middle name. (Celine)

     Yes.

      Are you in residency now?

     Yes, sir.

     How are you finding life here?

     (Pause) It's growing on me.

    Yeah, I'm from the eastern states and it did take a few years to adjust to life on this side.

     It is a different world. heh, heh, heh

           [The voice of British TV's Horace Rumpole of the Bailey spoke to my brain, "The old darling is in a friendly mood today."]

     At this point, the recording equipment acted up and we stopped.  The prosecutor took this moment to walk over and clue me in that I don't have to call him Magistrate. "Just say Your Honor."  Uh, OK.

     When the equipment was running properly,  we continued with the case: my very truthful new driver angst, the unhappy admission of guilt and the prosecutor "defended" my lack of knowledge of the traffic video.  Bless him, the magistrate couldn't cancel the fine  -- I did plead guilty after all -- but waived penalties and court costs.  Thank you, sir.

     This magistrate would not have recognized me and  the police prosecutor and court officer did not. I don't see those two often.  I did not mention to them that I was a court monitor. (see Court Monitor)   It really wasn't germane to the proceedings.  That said, what with all that sympathy I received, I kind of hope my employer never sends me to Magistrate's Court again. I might get a few very odd and unwelcome  looks.

     Epilogue:

          The guy at the service window was very surprised to see only the fine on my notice.  Apparently very few people escape without court costs and penalties.

          The Duty Lawyer office refunded my $20!

          Now having the complete court experience, I have no need or desire to repeat this experience again. Still not overly comfortable on the wrong side of road/car, I drive as little as possible.  Hey, public transportation is a good thing.