I cannot work out what this phrase even tries to mean.
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For the benefit of later readers of this thread, I'll say this....
On websites like this, one advantage that lay people have compared to lawyers is
that lay people get to say whatever they want.
And, they get to do it without regard to accuracy, reliability, or downstream consequences.
They also get to use petulance, petty rhetoric and personal abuse
without fear of accountability.
By contrast, as lawyers we have, among our numerous legal and ethical duties,
a duty of candour to our clients, and, as officers of the court, a requirement to
conduct ourselves with middling dignity. I AGREE LAWYERS SHOULD GIVE THE BEST ADVICE TO THEIR CLIENT BUT YOU DID NOT, YOU WENT TO THE MAX WITHOUT UNDERSTANDING THE FACTS OF THE CASE.
One thing we do try avoid is creating false hopes in a client*
that one outcome or another is a certainty, or an "easy out".
As to traffic matters....
In NSW, there is a widely used and highly efficient mechanism
for disposing of court-elected traffic matters called "Pleading guilty with an explanation".
Often, but not always and not automatically, a Magistrate will dismiss a matter
upon a plea of guilty, where there is a reasonable explanation.
"Reasonable" can be a very fluid thing in traffic cases.
This path does not require skill as an advocate.
Nor does it invoke any issues of justice, nor of proportional enforcement,
nor even of technical law.
Discharge on the above basis is really a question of
good luck in court on the day.
Our friend above has not stated whether or not
"Pleading guilty with an explanation" was his chosen course. READ MY FIRST COMMENT, I STATED THAT I WAS WRONG WHICH MEAN GUILTY AND I WAS SEEKING SECTION 10, THUS IT SHOULD MEAN I AM GUILTY WITH EXPLANATION, THIS IS NOT THE COURT AND IF ANYONE WITH SOME KNOWLEDGE SHOULD KNOW I WILL BE STATE THAT I AM GUILTY WITH EXPLANATION.
In any event, it would be an irresponsible lawyer who let their client think
that discharge on this basis was a certainty, and an "easy out".
And it would be an even more irresponsible lawyer who did it here,
where the background facts and circumstances are so often not available
(often rightly so) in the interests of a user's privacy. I SPOKE TO TWO LAWYER IN DIFFERENT LOCATIONS - NOT SAME PLACE OR SAME WORKPLACE- BOTH STATED THAT I SHOULD GET SECTION 10 AND ONE STATED IF I DON'T GET IT, I SHOULD APPEAL. PLEASE CLARIFY TO ME WHY THOSE TWO LAWYERS GAVE ME THIS ADVICE WHILE YOURS WAS THE OPPOSITE. THE SECOND LAWYER TOLD ME TO APPEAL IF I DON'T GET SECTION 10, WHY? HE DOES NOT KNOW THE LAW? IS HE STUPID?
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* a real life client, or even quasi-clients such as
those with whom we engage on here, or might speak to
in a clinic or "walk-in" community activity
One: what I mean "a chopping board" is that you went to the max penalty of the offence or infringement, you did not consider the facts I stated, in my case, I stated that the fine was excessive for it.
also to clarify more: is that the officer should consider the risk of the infringement and whether the fine is deserved. In my case, the office did not have good judgement. You went directly to max and stated that I am a "GOD" [you did not state in words but your comments meant it] that I will not have an accident, and the I am not responsible. Go back to my first comment and read it slowly and see what I wrote. In my case, I was sure I did not deserve a fine. A caution would be more appropriate. The facts I stated that it was a car park which means low traffic and slow speed, I was riding in slow speed. I also stated in my first comment that the law does not rely on common sense and that I am guilty, how come you did not read those and came attacking. Even after couple of comments, I stated clearly that these are the facts you continued with max penalty (that is what I meant by chopping board- you don't go for max for minor offences). This is what the officer should have considered and should given a caution. The police are to help and serve the people. Also, you judgement was wrong, you stated that there is a risk that I can kill myself in my situation which is stupid, the worst thing that happens (which is very unlikely) is if I hit a car the worst thing would be paint scratches at most, there will not be a dent. This is what I meant by chopping board,
Two: you are right that on this site, everyone has a right to write what ever they want (within reason) and not to attack someone, I did not attack you at all, I did that after you did not back down, I clarified my comments which were clear but it seems you did not read them or did not understand what I wrote, and you kept stating I am irresponsible and that I'm a "GOD" [See above]. Don't expect to go "GOD" on someone and not hear anything back!
Thee: I will comment on your comments above in CAPITAL LETTERS: It does not mean I am shouting or disrespect, but so to show my comments from your comments.
Four: I did not write this before, but I was not lucky. I went to court with knowing that I will get section 10, If I had a doubt, I would not have gone to court. That does not make me "GOD" but I am not stupid, but I understand the law and know what will happen.
I agree with you that I was lucky because the Judge (Magistrate) dismissed the matter - in this I was lucky and the reason -I'm sure of it- is that I was contracting and finished my contract among other reason which I do not want to write, so the Judge(magistrate) wanted to help me with it as she saw the incident as it is and considered the factors which I stated and agreed that the police officer was wrong.
Your comments don't give any indication that you know about the law at all. you may state parts of the law and quotation from the bible, that does not mean you understand how to implement the law.
Finally, I am happy as the matter was dismissed, which means if i do a mistake later and get a fine, i will not pay for this one. Yes, I am human and I will and confirm that I will make a mistake and have a fine (but aim not to do it).