Kena Saman
Page 1 of 2 12 LastLast
Results 1 to 15 of 24

Thread: Kena Saman

  1. #1
    Join Date
    Apr 2005
    Location
    USJ
    Posts
    123

    Kena Saman

    at abt 1.20am today i was on my way out to meet friends in PJ, there was a roadblock at the turning after Sunway Pyramid leading towards Federal Highway where the turning to Federal Highway is below the "Penang Bridge" of LDP.

    Police officers in-charge stopped me and summon me for malfunction of 3rd break light. I'm unaware that my third break light went kaput as i would not be able to know this as it's not visible to drivers. Mostly we only able to check this when we go for our ritual round of car service every quarterly.

    I've spoken to the policeman, explained to him i'm unaware of the malfunction, can i be given a warning and i get it fix the day after? He says it's a kesalahan and hinted me subtly ( very vague hints, i might be jumping the gun with what he said ) abt settling it, i was very furious as this is a minor offence and im unaware of the faulty break light. He insist on giving me the summon. I'm proud i didnt give in the to devil in me in wee morning hours to find the easy way out.

    My questions would be:

    1. If first time offence, especially for minor offence, will i not be given a chance? I'm very pissed at this as i could not check the 3rd break light myself! I wouldnt know....Though i fully understand that it's an offence and the summon is valid.

    2. How come on the summon it did not write how much i suppose to pay?

    3. Where is the nearest "Cawangan Traffik" from Subang that i could settle this summon?

    All advices are greatly appreciated. Thank you.

  2. #2
    Join Date
    Aug 2005
    Location
    usj27
    Posts
    7,688
    Unfortunately - THIS is Malaysia. Where cops don't know the meaning of intentional breaking of the law - (eg. Jumping the RED Light or using a phone whilst driving... ) or unintentional breaking of the law... (eg REAR 3rd Brake Lights Rosak, Driving without bringing the driving license etc etc... )

    In Malaysia - just because the COPS wear a uniform, THEY think that they are ALL licensed to saman every one ( must check first, no title???) that gets caught. Then the usual negotiation... bla blah blah... then the going figure in lieu of a summons...

    Whereas like in Australia or other countries, if the cop did not see you break the law... they would more likely to give you a lecture and advice before anything else... Anyone experienced this before....

  3. #3
    Join Date
    Sep 2005
    Location
    USJ
    Posts
    2,417
    If you feel you are vindicated, I believe that you can hv the offence (yes, it is an offense as you hv broken the law) compounded and then challenge this in the court of law. The magistrate will then study the merits of your case and mete judgement. The thing is, you must hv very solid mitigating circumstances ie. you wouldnt hv known abt the 3rd lights being out of order until your next vehicle service routine, like everyone else?

    Remember the case abt this guy who couldnt pay his parking meter as it is out of order but the police still issue him a summon? Neither parties could prove the parking meter was out of order as events had happened in the past and that it was one's words against another. But the guy's strong mitigating circumstances was that the authorities could not show proof of any calibration and maintenence records to show that the meter is in proper working condition either and he thus won his case. I wouldnt say that this case is similar to yours but to highlight to you with regards to strong mitigating factors if you decide to contest it.
    .

    NEW WEBSITE LAUNCHED. CLICK BANNER ABOVE TO FIND OUT.


  4. #4
    Join Date
    Jul 2003
    Location
    USJ 20
    Posts
    427
    My opinion is that ignorance is not an excuse. Everytime you start your engine to move your car, it is your responsibility to ensure that the car is completely street legal and road worthy. This includes making sure the third brake light is working.

    So in my opinion you do deserve the fine.

    Be glad you haven't caused an accident because of a malfunctioning brake light.

  5. #5
    Join Date
    Apr 2005
    Location
    SS15 subang jaya
    Posts
    32
    u can try appealing to the majistrate as stated in the saman..few yrs ago i too had quite a similar case...while travelling along the NS exressway, was stop near rawang ,speedtrap operasi for left headlight mildfunction.1 of 2 bulbs not working (high light) .Have been driving fr Pg n the highway was pretty lighted up n at 2am,where to buy bulb even if we know abt the malfunction.. Tried pleading with the cop but to no avail, but some hints were drop by the 'tuan' for leniency.
    Decided to appeal with the Rawang OIC, but he is always not around whenever I went over, for 3 occassions.. Finally attended court case, pleaded with the magistrate n he strike off the saman.

  6. #6
    Join Date
    Feb 2005
    Location
    ex USJ 6 & 11
    Posts
    998
    Quote Originally Posted by protozoa
    at abt 1.20am today i was on my way out to meet friends in PJ, there was a roadblock at the turning after Sunway Pyramid leading towards Federal Highway where the turning to Federal Highway is below the "Penang Bridge" of LDP.

    Police officers in-charge stopped me and summon me for malfunction of 3rd break light. I'm unaware that my third break light went kaput as i would not be able to know this as it's not visible to drivers. Mostly we only able to check this when we go for our ritual round of car service every quarterly.

    I've spoken to the policeman, explained to him i'm unaware of the malfunction, can i be given a warning and i get it fix the day after? He says it's a kesalahan and hinted me subtly ( very vague hints, i might be jumping the gun with what he said ) abt settling it, i was very furious as this is a minor offence and im unaware of the faulty break light. He insist on giving me the summon. I'm proud i didnt give in the to devil in me in wee morning hours to find the easy way out.

    My questions would be:

    1. If first time offence, especially for minor offence, will i not be given a chance? I'm very pissed at this as i could not check the 3rd break light myself! I wouldnt know....Though i fully understand that it's an offence and the summon is valid.

    2. How come on the summon it did not write how much i suppose to pay?

    3. Where is the nearest "Cawangan Traffik" from Subang that i could settle this summon?

    All advices are greatly appreciated. Thank you.
    we all are given many chances in this country, my friend, far too many...

  7. #7
    Join Date
    Jan 2006
    Location
    Bolehland
    Posts
    10,615
    I'm sorry but I think you deserve the summons and you should just pay the compound fine. No excuse. The 'subtle hinting' of the cops trying to settle the case is just the side issue. If you have understood your own offence and accept the summon without even trying to plead to repair it the next day, the 'subtle' events would not have taken place....

    We get mad driving at night along the NS Highway in the dark when suddenly a motorcycle appear in front of us without its tail light. This is very very dangerous for both the motocyclist and ourselves because crashing into him even at 110kmh could be fatal.

    Drop a 20 sen coin or a small pebble onto a windscreen of a car travelling at 110kmh from an overhead bridge and see what happens? This use to happen at the overhead bridge approaching Ipoh (from KL) until PLUS officers pay much attention and caught a few of the kampong boys doing mischief.

    Let me relate to you about my own case last weekend. I attended a dinner at a friend's house in Bukit Timah (in Singapore) and I had 2 glasses of red wine. I stay at a condo estate just 3 km up the road at Upper Bukit Timah. I had coffee and 2 hours of chit-chatting before I started driving home. Wham! the cops stopped me at a road-block just half-way to my home.

    Cops : "Good evening Sir, did you drink?"

    Me : "Yes, I had some wine two hours ago"

    Copes : "Oh, can you park your car in the slip road, we need you to do some test"

    I was made to blow into a breathalyser and phew! I passed. But wait till what the cops told me.......

    Cops : "Well, you're okay Sir. You can go now BUT I think you have to go straight home. As we have recorded your vehicle number in our system, any accident after this tonight is considered Drunk Driving"

    I drove straight home......

  8. #8
    Join Date
    Mar 2006
    Location
    kl
    Posts
    58
    Proton Wira's 3rd brakelight is LED-type.
    Sometimes they functions, sometimes they don't.
    Sometimes few LED failed to lid, while the remaining is okay.
    Is it an offence?

  9. #9
    Join Date
    Jan 2006
    Location
    Bolehland
    Posts
    10,615
    Quote Originally Posted by durkheim1
    Proton Wira's 3rd brakelight is LED-type.
    Sometimes they functions, sometimes they don't.
    Sometimes few LED failed to lid, while the remaining is okay.
    Is it an offence?
    If the polis say "berek" and it works, then it is not an offence.....

    If he says "berek" and it is not lit, then you have to ask the MP for Jasin to help "tutup mata sajalah".......

  10. #10
    Join Date
    Mar 2006
    Location
    kl
    Posts
    58
    Can I have the Jasin MP's contact number pls? ha ha ha ha

  11. #11
    Join Date
    Jan 2006
    Location
    Bolehland
    Posts
    10,615
    Of course you can have it.... but wait till Dato Shahril gets off-line first yah?

  12. #12
    Join Date
    Mar 2006
    Location
    kl
    Posts
    58
    Opps..LKS is next on line after Dato Shahril to sock it up Jasin MP's ...

  13. #13
    Join Date
    Jan 2006
    Location
    Bolehland
    Posts
    10,615
    We are digressing from the thread's topic.........

  14. #14
    Join Date
    Apr 2005
    Location
    USJ
    Posts
    123
    Thank you for all the views. Appreciate it. I'm still looking for answers to question 2 and 3. Anyone who knows, kindly drop a msg. thanks.

    2. How come on the summon it did not write how much i suppose to pay?

    3. Where is the nearest "Cawangan Traffik" from Subang that i could settle this summon?

  15. #15
    Join Date
    Apr 2001
    Location
    Somewhere around here
    Posts
    12,564
    Getting a saman for traffic offence, whether intentionally or not is one issue.

    Option 1 : Compound it, pay up, be done with it, consider it one's bad luck and some $ loss. Next time try best to avoid any offence.

    Option 2 : Say you're in the right and to contest the saman!..that's where the odds are against the accused like:
    a) Cost of representation, (legal expertise is preferred for obvious reasons) unless one knows court proceedure and go un-represented. Is the legal cost going to be more than the compounded fine? .Legal representation is not cheap.
    b) The case could drag on for many sessions involving one's precious time and cost of being present (unless represented). It like no cost to the prosecution as probably they spend half their life attending court cases.
    c) Its usual, the penalty could be more than compounded fine if found guilty.
    Example : Compound= RM100, After court proceedings and found guilty = RM300 or more. Still want to contest?
    d)If one represents himself, better do homework and strategize, otherwise you'll be crucified from start to end. The provision within the system is not entirely friendly to any defendant, like point a-c.

    This could be the scenario and how our judicial system works and so most roughly know the hassle and compound it without blinking. That's perhaps why the gomen is so optimistic and happy when there's a nationwide threat or crackdown on defaulters and runaways. Its a huge monetory windfall to fill the coffers. Yet, amazingly people still take risk and commit offences. Its a vicious cycle year in year out and its not really seen to be reducing.
    At the end of day we're all liable to be suckers and caught with pants down by the existing system. Just don't think what happens in TV land are applicable here. The truth may be more brutal than you think.
    Boleh for them, Ta'boleh for you!
    Last edited by bslee; 07-05-2006 at 03:13 AM.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •