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What Evidence is Required in Court to Prove a Traffic Offence?
Rank: Veteran Joined: 5/11/2010 Posts: 918
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I know it varies depending on the nature of the offence but I have in mind things such as jumping traffic lights, obstruction or speeding. I ask because I was nearly arrested by a cop near Wilson Airport who apparently mistook my car for another one he'd seen take a wrong turn. Thank goodness my passenger still had a speck of fresh Ugali on his arm and he produced it as evidence of the fact that we'd been parked a long time enjoying our lunch and had no clue what the officer was talking about. So, what if he'd been adamant and insisted it was me he saw and took me to court. How would he prove my culpability? What if you are accused (rightly or wrongly it doesn't matter) of jumping traffic lights or speeding and you're taken to court and you deny it, what sort of evidence would the arresting officer have to table to have you convicted? Learn first to treat your time as you would your money, then treat your money as you do your time.
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Rank: Chief Joined: 8/24/2009 Posts: 5,909 Location: Nairobi
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@seppuku, good question...a friend was recently arrested for "overlapping" because he rightfully used the acceleration lane...It was his word against the cops...
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Rank: Elder Joined: 6/17/2008 Posts: 23,365 Location: Nairobi
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nostoppingthis wrote:@seppuku, good question...a friend was recently arrested for "overlapping" because he rightfully used the acceleration lane...It was his word against the cops... ....na ikaisha aje!!! ..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
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Rank: Chief Joined: 8/24/2009 Posts: 5,909 Location: Nairobi
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McReggae wrote:nostoppingthis wrote:@seppuku, good question...a friend was recently arrested for "overlapping" because he rightfully used the acceleration lane...It was his word against the cops... ....na ikaisha aje!!! alienda akalipa...
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Rank: Veteran Joined: 2/3/2010 Posts: 1,797 Location: Kenya
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in court policemans word is worth its weight in gold. huwesmek! unless you can call like 5 other unrelated witnesses and show proof of bias on policeman. Otherwise ripa watu wakule xmas  I may be wrong..but then I could be right
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Rank: Elder Joined: 6/20/2012 Posts: 3,855 Location: Othumo
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digitek1 wrote:in court policemans word is worth its weight in gold. huwesmek! unless you can call like 5 other unrelated witnesses and show proof of bias on policeman. Otherwise ripa watu wakule xmas Tough but that is the truth. and it is not worth getting a lawyer due to costs, unless s/he is your friend helping you out. Lipa and move on. Thieves
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Rank: Veteran Joined: 5/11/2010 Posts: 918
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Are you guys saying you go to court, the charges are read, you deny, the policeman says he saw you, the judge pronounces you guilty and hands you a fine or a jail sentence. Is that really all the cop has to do? Nani amepelekwa kotini atuambie? Learn first to treat your time as you would your money, then treat your money as you do your time.
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Rank: Elder Joined: 3/2/2007 Posts: 8,776 Location: Cameroon
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Crimes of strict liability. .....proof of a guilty mind not required. TULIA.........UFUNZWE!
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Rank: Veteran Joined: 11/14/2006 Posts: 1,311
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I was wrongfully accused of jumping the traffic lights. We went to court. I hired a lawyer. the court asked the police to show evidence.... they had 2 policemen as witnesses, I had none. My lawyer asked them questions. Where specifically were they at the round about to know I jumped the lights, how did they know that I had jumped the lights, what kind of a car I was driving, how was I dressed, who else was in my car, which lane was I on, etc.... as you guessed...the 2 contradicted each other. I won.
Can I sue the government for damages for wrongful accusation and wasting my time?
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Rank: Elder Joined: 4/30/2008 Posts: 6,029
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seppuku wrote:Are you guys saying you go to court, the charges are read, you deny, the policeman says he saw you, the judge pronounces you guilty and hands you a fine or a jail sentence. Is that really all the cop has to do? Nani amepelekwa kotini atuambie? A friend has been there.This is how it goes.First the charges are read to you,you then plead guilty or not guilty.In case you plead guilty,you are asked to mitigate i.e utoe malilio before you are fined or imprisoned.This is when you can tell the court that you were overlapping because you are a doctor and had to perform an emergency operation.Mitigation requires tact and skill and if done well,you could be pardoned by the court.If you plead not guilty,you will be given an option of being released on cash bail or bond.If you are unable to raise either of them,you will be remanded in custody.The court will also give you 2 dates i.e a mention date, normally after 14 days from the first appearence in court and a hearing date which depends on the court diary.You should ask for orders for the prosecution to give you copies of the charge sheet,witness statements and exhibits.This is where most cases are won or lost.More to follow.
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Rank: Elder Joined: 3/2/2007 Posts: 8,776 Location: Cameroon
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Liv wrote:I was wrongfully accused of jumping the traffic lights. We went to court. I hired a lawyer. the court asked the police to show evidence.... they had 2 policemen as witnesses, I had none. My lawyer asked them questions. Where specifically were they at the round about to know I jumped the lights, how did they know that I had jumped the lights, what kind of a car I was driving, how was I dressed, who else was in my car, which lane was I on, etc.... as you guessed...the 2 contradicted each other. I won.
Can I sue the government for damages for wrongful accusation and wasting my time? Is there anybody who ever sued the gava n ACTUALLY got compensation? Not yet heard of any. TULIA.........UFUNZWE!
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Rank: Elder Joined: 4/30/2008 Posts: 6,029
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Liv wrote:I was wrongfully accused of jumping the traffic lights. We went to court. I hired a lawyer. the court asked the police to show evidence.... they had 2 policemen as witnesses, I had none. My lawyer asked them questions. Where specifically were they at the round about to know I jumped the lights, how did they know that I had jumped the lights, what kind of a car I was driving, how was I dressed, who else was in my car, which lane was I on, etc.... as you guessed...the 2 contradicted each other. I won.
Can I sue the government for damages for wrongful accusation and wasting my time? Yes you can sue but it has to be within 1 year from the date of the ruling.You will be paid by the state and if your advocate knocks on the right doors,you will be awarded millions.anyway consult your advocate as i may land into trouble with lsk for giving legal advice freely.
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Rank: Chief Joined: 3/24/2010 Posts: 6,779 Location: Black Africa
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mawinder, kwani pro bono is not allowed? GOD BLESS YOUR LIFE
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Rank: Elder Joined: 4/30/2008 Posts: 6,029
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youcan'tstopusnow wrote:mawinder, kwani pro bono is not allowed? If Liv could hire an advocate for the traffic suit,why not hire one for the civil suit?
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Rank: Veteran Joined: 2/3/2010 Posts: 1,797 Location: Kenya
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you are right mitigation is everything. its always better to plead guilty for petty offences pay kidogo fine and move on. mambo ya mention, cashbond, lawyers etc is not worth it given the time wasted. At milimani the charges are read and fines imposed gullitone style. the only thing you need is an outsider to pay the fine for you or mpesa I may be wrong..but then I could be right
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Rank: Elder Joined: 12/17/2009 Posts: 3,583 Location: Kenya
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nostoppingthis wrote:@seppuku, good question...a friend was recently arrested for "overlapping" because he rightfully used the acceleration lane...It was his word against the cops... Using the acceleration lane with slow moving traffic is an offence, mi niliwekewa overlapping na obstruction.
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Rank: Member Joined: 8/11/2009 Posts: 481
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nakujua wrote:nostoppingthis wrote:@seppuku, good question...a friend was recently arrested for "overlapping" because he rightfully used the acceleration lane...It was his word against the cops... Using the acceleration lane with slow moving traffic is an offence, mi niliwekewa overlapping na obstruction. You do not use the acceleration lane unless if joining the road. Makosa ilifanyika  "The longer the fuse the mightier the blast!"
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Rank: Veteran Joined: 3/26/2012 Posts: 1,182
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nakujua wrote:nostoppingthis wrote:@seppuku, good question...a friend was recently arrested for "overlapping" because he rightfully used the acceleration lane...It was his word against the cops... Using the acceleration lane with slow moving traffic is an offence, mi niliwekewa overlapping na obstruction. I think the vehicle setting low pace on accelerating lane is culpable. Tough luck if u r on the queue n u get flagged.
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What Evidence is Required in Court to Prove a Traffic Offence?
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