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VS5LUTE
19-08-2010, 09:35 PM
Over a year ago I got done for my second hoon law offence, was pulled over by an unmarked car and they were detectives. Anyway got car impounded rah rah rah, a year later and i've only just recived my summons. Thing is that it's not like my first one with the details of what i've done wrong - just says I need to go to court for a section 60 (1) Reckless Driving charge.

Do I have any options?

Should I get a laywer or am I fucked anyway?

My lifes chaged alot over 1 year with work etc and really cannot afford to lose it.

Any help appreciated.

Thanks.
Torquen
19-08-2010, 09:41 PM
Jeremy Noble.
Macca
19-08-2010, 09:55 PM
pretty certain there is no limitation on when you are required to go to court for a hoon charge. The charge date is still in effect as you were caught doing the alleged crime.
Jiblet
19-08-2010, 10:33 PM
better get a lawyer son, better get a real good one
cplagz
20-08-2010, 04:54 AM
There is actually something called the Statute of Limitations, but I'm not sure the timeframe it applies to the traffic act.
Evilteddy
20-08-2010, 05:52 AM
There is actually something called the Statute of Limitations, but I'm not sure the timeframe it applies to the traffic act.

12months sir.
As long as it's within a year that you receive your summons.
cplagz
20-08-2010, 06:12 AM
^^There you have it. If you got the summons over 12 months after the incident date - get a lawyer and fuck their shit up.
VS5LUTE
20-08-2010, 04:13 PM
Cheers for the help guys, will get hold of Noble asap and hope for the best.
Macca
20-08-2010, 04:22 PM
yeah wrong

There is no statute of limitation for criminal charges in australia.
VS5LUTE
20-08-2010, 04:32 PM
Yeah anyway, just read my summons and it was dated the 16th of aug '10 and offence date was 20th Aug '09 so that fails. Either way I know i'm going to lose my licence but need a laywer anyway to reduce and to sort my out cause I did double or nothing - which im off now but at the time I wasn't so don't know if that still comes into all this?
fourseven
20-08-2010, 04:47 PM
yeah wrong

There is no statute of limitation for criminal charges in australia.

Only on indictable offences eg: judge and jury.

So there might be a statute of limitation on reckless driving, but I wouldn't want to guess the period.
YOUR MATE
20-08-2010, 07:42 PM
Yeah anyway, just read my summons and it was dated the 16th of aug '10 and offence date was 20th Aug '09 so that fails. Either way I know i'm going to lose my licence but need a laywer anyway to reduce and to sort my out cause I did double or nothing - which im off now but at the time I wasn't so don't know if that still comes into all this?

Yeah it does. Everything counts from the day you committed the offence. If you were on double or nothing then, you're going to be out of a license for 6 months or so.

Unlucky.
ossie_21
20-08-2010, 10:49 PM
2nd time = give up on performance cars....
chris266
21-08-2010, 04:05 AM
Jeremy Noble.

He is good but....
http://www.perthnow.com.au/news/western-australia/lawyer-jeremy-noble-to-fight-hoon-charge/story-e6frg13u-1225906864176
Evilteddy
21-08-2010, 07:37 AM
Only on indictable offences eg: judge and jury.

So there might be a statute of limitation on reckless driving, but I wouldn't want to guess the period.

It's 12 months. Saw a case get thrown out of court because the offender received the summons on the 367th day.
Turbo2.6L
23-08-2010, 01:44 PM
Question coppers in court as to why it took 12 months to receive summons.
If it took them 12 months to write their facts down on paper, how can they be 100% accurate? If they wrote them down on the day (so are infact accurate), why did it take 12 months to receive the summons? Puts doubt in judges mind & may tend to go leniant, but being 2nd offence i doubt it...
Crispymk2
23-08-2010, 03:01 PM
Clean record since then? Just say you have made big changes in your attitude etc and have moved on/losing car now, so long after offence, would affect new life/job + cry lots
ruler
23-08-2010, 03:03 PM
good luck to you :) hope all goes well
VS5LUTE
23-08-2010, 03:08 PM
Yeh i've had a clean record since then, one fine for 6km over.. I've got a lawyer sorted now just about to go on holidays but we're discussing options soon. Pretty sure they get in contact with wapol before I even start court. Turbo4L - First time I got charged police wrote a full statement and got me to sign it.. this time I didn't and being detectives i'm pretty sure they don't want the paperwork, could only hope they didn't write anything at all. Many crys to be had if its a 1yr loss.