Almost arrested this morning

**SSP** · 10-11-2010, 10:11

Be wary of paying AG. Depending on the charge it could result in a criminal record.

Edited to add: If its for R and N, it will also probably render someone all but uninsurable.

**andy_760901** · 10-11-2010, 10:12

seem upwardly harsh to me, i dont think it is warranted, fine them then let them go. Arrest them and detain them if you feel they pose a continuing and valid thread to the safety of other motorists, otherwise, DO NOT ARREST OR DETAIN.

**Paul** · 10-11-2010, 10:14

As I said, a 'sleeper'...

And they can charge you for this for changing lanes without indicating, or not maintaining a 'reasonable' following distance.

You gotta fight these things.

Criminal record = goondnight nurse.

**SSP** · 10-11-2010, 10:27

Arrest is not used and should not be used to remove "undesireable" people from society. Regardless of the crime they are alledged to have committed.

It is there solely to secure an accused person's attendance at their trial.

It should be used only in circumstances where the AP is unlikely to attend court on their own. This is usually the case when people face serious charges.

There are a number of reasons why Metro arrest rather than issue summonses.
1. They don't know what they are arresting you for.
2. Writing out a summons entails 2 things, a)effort and b)being able to write. B)may be present in some but it's unlikely that A) is.

**feroze** · 10-11-2010, 15:01

So can I ask a dumb question. If you pay the fine there's no negative impact on current and future FA applications?

**Paul** · 10-11-2010, 15:04

Originally Posted by feroze

So can I ask a dumb question. If you pay the fine there's no negative impact on current and future FA applications?

The fine is an Admission of Guilt.

You tell me how wise it is to admit to being reckless and negligent...

**Prodigal** · 10-11-2010, 15:10

Originally Posted by Paul

The fine is an Admission of Guilt.

You tell me how wise it is to admit to being reckless and negligent...

Yip, there is NO WAYS I would accept AG! They can set a court date for me and I'd rather go the legal route and keep my name record free.

**Paul** · 10-11-2010, 15:13

Originally Posted by Prodigal

Yip, there is NO WAYS I would accept AG! They can set a court date for me and I'd rather go the legal route and keep my name record free.

Look, there are NO certainties at all. You may very well get screwed in court. However at least you have a chance to defend yourself and there's a more than good chance the prosecution won't have their witnesses (I almost typed witless...) ready so you may very well have it chucked in any case.

**SSP** · 10-11-2010, 15:16

To anticipate a question: There is a distinction between the fine you pay when caught speeding and AG. The former is known as compounding. Essentially its a form of lawful extortion by the state. You pay a certain sum to avoid a prosecution. This is found at S342 of the CPA.

AG on the other hand is just that. You confess the to the crime and pay a fine. This is regarded as a conviction and recorded.

---------- Post added at 15:16 ---------- Previous post was at 15:13 ----------

Originally Posted by Paul

Look, there are NO certainties at all. You may very well get screwed in court. However at least you have a chance to defend yourself and there's a more than good chance the prosecution won't have their witnesses (I almost typed witless...) ready so you may very well have it chucked in any case.

Indeed. Take a chance and win a prize. It also, at worst, affords you an opportunity to do a deal with the prosecution.

Remember criminal record = no guns, even if you aren't declared unfit, no visa, no work...

**Prodigal** · 10-11-2010, 15:17

Originally Posted by Paul

Look, there are NO certainties at all. You may very well get screwed in court. However at least you have a chance to defend yourself and there's a more than good chance the prosecution won't have their witnesses (I almost typed witless...) ready so you may very well have it chucked in any case.

Yeah, I would rather take my chances in the court with a good lawyer. The moment I sign the AG, I kissed any chance good bye!!!

Originally Posted by SSP

To anticipate a question: There is a distinction between the fine you pay when caught speeding and AG. The former is known as compounding. Essentially its a form of lawful extortion by the state. You pay a certain sum to avoid a prosecution. This is found at S342 of the CPA.

AG on the other hand is just that. You confess the to the crime and pay a fine. This is regarded as a conviction and recorded.

that's scary!