View Full Version : legal advice
UK-Rushy
28-09-2011, 05:36 PM
Hi how are you all?
I am looking for some advice or someone to point me in the right direction!
I was on the antilag cruise Friday night, leaving rockingham meet point I was following a mate who took a wrong turn onto ennis ave, he then did a u turn and I followed and I might have broke traction, there were no cars close, bearing in mind it was 12.30am, but there was a group of cars about 200-300m away on ennis ave, one of them being a police car.
So I got pulled over, told that I was getting done for reckless driving and that my car would be impounded for 28 days under the hoon legislation, fair enough I shouldnt have done it, on the impoundment notice the officer ticked section 60. Causing excessive noise/smoke, received summons today and it says I am being charged with reckless driving, also says 2 different times of the incident occurring, also says that the flow of traffic was heavy, at 12:30am on a Friday night/Saturday morning!
Just to note aswell I have not lost any points and this is my first offense.
I just want to know anything that will help! Iv also contacted jeremy noble but i need $6000 upfront and if I win I'd probably only get half back
upgarage
28-09-2011, 05:50 PM
do the crime
do the time
pay fine
move on with life
forget the indiscrepancys with the times, they dont give a fuck.
a lawyer would be your best bet, best case scenario would be a downgrade to dangerous. but you will have to pay for it, maybe not 6k but it will sting.
dangerous is an upgrade.
down grade is excessive smoke/noise.
I am being charged with reckless driving,
??
do the crime
do the time
pay fine
move on with life
LOL WUT?
Seriously unless he is bullshitting and DID do it seriously fuck that crap!
OP-Fight it like fuck dude! i used a guy called mark saupin to assist me when it was alledged i was behaving badly, and i came out of it with nothing.
LOL WUT?
Seriously unless he is bullshitting and DID do it seriously fuck that crap!
OP-Fight it like fuck dude! i used a guy called mark saupin to assist me when it was alledged i was behaving badly, and i came out of it with nothing.
With nothing? You lost your house and car? That doesn't seem like you were better off!
winstor
28-09-2011, 07:30 PM
Should have gone back to where it happened and taken photos of the 'massive' burnout you did. No rubber, no smoke?
fourseven
28-09-2011, 07:38 PM
dangerous is an upgrade.
down grade is excessive smoke/noise.
Reckless is top of the pile.
Careless and dangerous are both lesser charges.
With nothing? You lost your house and car? That doesn't seem like you were better off!
LOL not sure is SRS?
I got fak all i got fined for not being abot to ID driver or not providing details to police as i couldnt as i didnt know who was driving at the time (rear facing camera and such) fined me like 12-1300 dollars which im paying back at like 25-30 bucks a week ahahah :) WINNINGGGG
BOSS 290
28-09-2011, 07:55 PM
Hi how are you all?
I am looking for some advice or someone to point me in the right direction!
I was on the antilag cruise Friday night, leaving rockingham meet point I was following a mate who took a wrong turn onto ennis ave, he then did a u turn and I followed and I might have broke traction, there were no cars close, bearing in mind it was 12.30am, but there was a group of cars about 200-300m away on ennis ave, one of them being a police car.
So I got pulled over, told that I was getting done for reckless driving and that my car would be impounded for 28 days under the hoon legislation, fair enough I shouldnt have done it, on the impoundment notice the officer ticked section 60. Causing excessive noise/smoke, received summons today and it says I am being charged with reckless driving, also says 2 different times of the incident occurring, also says that the flow of traffic was heavy, at 12:30am on a Friday night/Saturday morning!
Just to note aswell I have not lost any points and this is my first offense.
I just want to know anything that will help! Iv also contacted jeremy noble but i need $6000 upfront and if I win I'd probably only get half back
Get a lawyer, son. Unless you're converse with the legal process and how to defend yourself you will almost certainly lose.
The police were able to ascertain you did a burnout from 200-300m away? They were able to see smoke from 200-300m away, in the dark, at 12:30am? Fuck man, they must have Superman vision. Not withstanding that, they must have exceptional hearing from that distance taking into account they were with a group of cars and there would have been background noise. Again, I wonder if the Police officer(s) was/were in fact Superman?
The problem is, more than likely, you admitted liability. If you deny it it is probable the Police will produce video or voice recording of the conversation held with you.
Good luck!
carlos spicy wener
28-09-2011, 08:42 PM
i dont see the indescrepencies. the 2 different times... so what? not worth getting a lawyer over.
excessive smoke/noise could even be your car with a muffler idling. heavy traffic is fair enough, you said it was a cruise.
you know what cops are like, but still you expected them to be different?
i dont see anything wrong with a skid here and there, but the fact is you got caught, now you have to wear the consequence.
we've all been there, honestly its just better to build a bridge and get over it.
yeh from this point onwards SAY NOTHING to the sneaky peices of shit! the amount of times they tried that crap with me and even when dogbank gave a statement the prick was re wording shit like a mad dog! he was made to re write it like 3 times i beleive!
shifted
28-09-2011, 09:29 PM
Some chaps have gone to the extent of mentioning they will be recording the conversation (video/voice) to the police officer as soon as they come up to the window - asking them for their name and etc. - not sure if we can just do that or have to mention it or what the go is - apparently has helped out some people over east with modified cars from unnecessary issues. Could be worthwhile to start doing this in future...
Hope it works out for you man, lawyers, take photos of the area (not sure if best at roughly same time in the night?) showing the alleged incident, where the cop car was, explaining how many cars were there etc.?
Turbo2.6L
28-09-2011, 09:40 PM
Jeremy Noble was $3k last time i enquired...
Ended up representing myself in court & got stung with excessive noise/smoke, but the reckless was dropped. Paid a fine & no loss of license, but couldn't get a reimbursement for impound fees, time off work etc. Photo's & witnesses help alot, but if you admitted to doing it on the night you're pretty much done. They would have recorded the conversation & will introduce it as evidence should you choose to fight the charge.
Good luck either way :D
Ryan1080
28-09-2011, 10:22 PM
WHere do they carry their voice recorders?? I presume they're attached somewhere on their uniform? Shoudln't they tell you first that they are recording?
Turbo2.6L
28-09-2011, 10:25 PM
Belt.
mr top hat
28-09-2011, 10:33 PM
WHere do they carry their voice recorders?? I presume they're attached somewhere on their uniform? Shoudln't they tell you first that they are recording?
it's in a public place as far as i know only they need to know about it.
LOL not sure is SRS?
I got fak all i got fined for not being abot to ID driver or not providing details to police as i couldnt as i didnt know who was driving at the time (rear facing camera and such) fined me like 12-1300 dollars which im paying back at like 25-30 bucks a week ahahah :) WINNINGGGG
You said you came out of it with nothing... Word play. Ignore. Was bored.
In WA, if the person recording the conversation takes part in the conversation, any other party involved doesn't have to be aware.
In WA, if the person recording the conversation takes part in the conversation, any other party involved doesn't not have to be aware.
Have something written in law to back that up? I'm sure we'd all benefit.
Couldn't find anything relevant to WA laws, but from memory QLD, WA & SA are very similiar. VIC and NSW are the ones where it is just flat illegal without all parties knowledge.
43 Prohibition on use of listening devices
(1) A person is guilty of an offence against this Act if the person uses a listening device to overhear, record, monitor or listen to a private conversation and is liable on conviction on indictment to a maximum penalty of 40 penalty units or imprisonment for 2 years.
(2) Subsection (1) does not apply—
(a) where the person using the listening device is a party to the private conversation; or
(b) to the unintentional hearing of a private conversation by means of a telephone; or
(c) to or in relation to the use of any listening device by—
(i) an officer employed in the service of the Commonwealth in relation to customs authorised by a warrant under the hand of the Comptroller-General of Customs under the Customs Act 1901 (Cwlth) to use a listening device in the performance of the officer’s duty; or
(ii) a person employed in connection with the security of the Commonwealth when acting in the performance of the person’s duty under an Act passed by the Parliament of the Commonwealth relating to the security of the Commonwealth; or
(d) to or in relation to the use of a listening device by a police officer or another person under a provision of an Act authorising the use of a listening device.
Fukushima
29-09-2011, 12:37 PM
So we can record police without telling them?
Honestly I'd rather not start a friendly chat with
"Hi officer, I am recording you, what is it you wanted to talk about?"
Hi how are you all?
I was on the antilag cruise Friday night, ....and I might have broke traction,... I shouldnt have done it, Just to note aswell I have not lost any points and this is my first offense.
Might have broke traction !!!!! LOL.... I think you would know if you did or not. Seriously as upgarage said "Do the crime pay the fine and get on with your life."
I Look at it this way. If you speed now and again and only get caught on the odd occaison then you are "ahead". Look on the bright side-How many other times "might you have broken traction?" and not been caught??
If you are completey innocent then yes fight it-doesn't seem to be the case here though really?
As for recording conversations.....get a fvcken life people.
For those "cop bashing" , I'll bet if you car is stolen/house robbed etc the police would be the first people you would run too !!??
ben351
29-09-2011, 01:27 PM
same thing happened to me mate many years ago
got told by the detective i was being done for wreckless and i would lose my license - they ring patrol cops to finish the stop off
patrol cops rock up and they write excessive noise on the paperwork after i told them the roads were slipperly ( they were bone dry )
get to court the prostitutor pulls out photos of the intersection and my thick black strips going for as far as the eye can see and he laughs at me and goes " how are you not being done for wreckless ?? "
the judge said he can only charge me for what i was in court for and it was excessive noise - $200 dollar fine + towing and court fees. No demerit points.
Show up to court - you dont need a lawyer mate just dress respectable and be polite and they wont put a pineapple up your shitter
Hope for the best mate !!!
Daisy
29-09-2011, 01:50 PM
For those "cop bashing" , I'll bet if you car is stolen/house robbed etc the police would be the first people you would run too !!??
yes i would, purely because i have to for my insurance to pay out. no other reason, i hold no hope of them ever catching anyone for vandalising/stealing my property.
Might have broke traction !!!!! LOL.... I think you would know if you did or not. Seriously as upgarage said "Do the crime pay the fine and get on with your life."
I Look at it this way. If you speed now and again and only get caught on the odd occaison then you are "ahead". Look on the bright side-How many other times "might you have broken traction?" and not been caught??
If you are completey innocent then yes fight it-doesn't seem to be the case here though really?
As for recording conversations.....get a fvcken life people.
For those "cop bashing" , I'll bet if you car is stolen/house robbed etc the police would be the first people you would run too !!??
Who else are we going to "run to"?
RSPCA?
Would it be an insane idea to ask a policeman to do his job?
However, I wouldnt be ringing TEG - they would probably do you for possesing a vehicle that is too far below the speed limit, and then argue as the techtonic plates move so does your house.
shifted
29-09-2011, 02:33 PM
For those "cop bashing" , I'll bet if you car is stolen/house robbed etc the police would be the first people you would run too !!??
I'm not cop bashing, but when my car got broken into I was politely told to "not bother, we have too many of these types of jobs, no point pursuing anything, sorry I can't take the report - call this number" when I rang the police station.
I would prefer they catch burglars/assaulters than people doing 5, 10, 15km/hr over the limit in the middle of the night...
I then filed a report solely for insurance which I didn't go through with after anyway as it was easier for me to fix the damage myself. /csb
Sometimes you get the good cops though... the guy I had clearly hated his job, his attitude was pathetic.
fourseven
29-09-2011, 02:38 PM
sorry I can't take the report - call this number" when I rang the police station.
Elaborate?
IMO traffic scum and normal everyday cops are not of the same race! traffic are scum and should be burnt at the stake! normal cops are excellent! and 90% of the ones ive had run ins with tend to be normal and generally awesome! have alot of respect for the run of the mill bacon!
Ryan1080
29-09-2011, 03:02 PM
I have a lot of respect for all of Police (excl. TEG).
TEG pingpingpingpings on the other hand can go and suck a big fat cock. If you act like a pingpingpingping, be prepared to be treated like a pingpingpingping. Hence I'm happy with cop... or should we more correctly say TEG bashing.
shifted
29-09-2011, 04:33 PM
Elaborate?
You have PM.
Thanks for forwarding pm fourseven, funny read
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