If you were doing a skid.

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Postby ollieboy » Mon May 05, 2008 6:39 pm

Lol at boy racer act. There is no specific act called "The Boyracer Act" that is a media invention so they can pretend they know what they are talking about. Driving offences are charged under the Land Transport Act except on very rare occasions.

Yeah I remember that case solitaire, part of his argument was also that he had accidentally knocked the traction control off. (Tui slogan anyone?) Also lol at filming.

Truenotch, yeah that was my thinking as well about the intent thing because under the Land Transport Act it touches on intent and doesn't really go into timing.
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Postby ollieboy » Mon May 05, 2008 6:44 pm

barryogen wrote:
solitaire wrote:But i saw an article in the paper where some 40 year old did a skid from the lights in his merc


That dude was a lawyer wanting to test the new law... he tested it and lost.


Nah man, it was John Rae. He is an insurance broker.

Edit: Unless that is a different case but I don't think so.
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Postby sigma » Mon May 05, 2008 6:56 pm

Trying to define 'sustained' is a very literal approach to statutory interpretation. I would hope the judge would take a purposive approach at interpreting the law. What was the intent of Parliament in making the law? Imo to stop boyracers doing skids, disrupting the peace and damaging roads (by pouring diesel etc). Accidentally losing traction in the wet was not in the scope of this law.

Now you just have to prove it was accidental.
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Postby EVL20V » Mon May 05, 2008 7:38 pm

if the driver is 'young' and a 'performance car' you my friend are in shit :D :roll:
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Postby ollieboy » Mon May 05, 2008 7:40 pm

lol, you obviously didn't read the thread yeah?
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Postby EVL20V » Mon May 05, 2008 7:44 pm

trying to defend boy racer incidents isnt easy, if you want to stand any chance at minimum get a lawyer, dont try defend yourself like some tards out there :lol:
Last edited by EVL20V on Mon May 05, 2008 9:18 pm, edited 1 time in total.
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Postby Truenotch » Mon May 05, 2008 7:56 pm

Ha :P you haven't read any of it eh?


Lucky.....
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Postby rallymazda » Mon May 05, 2008 8:23 pm

had a mate who got the same charge for a very similar incident only in that case he was pulling out from his driveway during rushhour on a main road
the cop didnt stop him but posted the fine out, hence the car wasnt impounded

he got off it by paying a lawyer to write a letter to the police explaining the situation, ended up keeping his licence but costed almost $1000 in lawyer fees
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Postby frost » Mon May 05, 2008 8:56 pm

he got off it by paying a lawyer to write a letter to the police explaining the situation, ended up keeping his licence but costed almost $1000 in lawyer fees


same thing happened to me, lawyer fees and lodging fees amounted to $255 more then the total charges against me,
in my case it wasn't the money that concerned me, it was the bull shit the cop was trying to feed as "in his eyes" fact,
i won but it was a bitter victory, somehow i came out of it still feeling rammed from behind, but at least not by the bobby :roll:

for the amount of work your going to be doing(and charged for buy the lawyer) to defend the charges,
you should way up the costs, maybe cheaper and less painful to just bite the bullet and pay, im just giving advice, i for one would fight it but no every one can.
Last edited by frost on Mon May 05, 2008 9:00 pm, edited 1 time in total.
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Postby Bling » Mon May 05, 2008 8:58 pm

I have a question, in a situation like the above, can sue/claim costs involved in clearing your name from the police or anything?

If not you should be able to.

Even better if you could do so from the officer that laid the charges against you that are proved to be false. (clearly this will not be the case i'm just saying :P)
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Postby Zak » Mon May 05, 2008 9:04 pm

I never did, but then I suppose I was guilty... I got out of all the fines and loss of licence, but it cost me $1200 in lawyer fees :cry:

I should of just been a ticket for 20km over, but they tried to do me for dangerous driving and all sorts :evil:
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Postby EVL20V » Mon May 05, 2008 9:19 pm

mine was $400 lawyer fees and a small fine, no licence lost :D

even though i was doing very silly things :lol:
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Postby barryogen » Tue May 06, 2008 9:17 am

frost wrote:for the amount of work your going to be doing(and charged for buy the lawyer) to defend the charges,
you should way up the costs, maybe cheaper and less painful to just bite the bullet and pay


heh, sounds a lot like extortion.
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Postby cozmoid » Tue May 06, 2008 9:54 am

FFS If u think thats extortion! The crown is prosecuting me with injuring with the intent to injure which carries a minimum 2yr jail term!! All I did was try to defend myself from a psycho who was trying to smash me. I just pushed him off me and he fell and broke his arm. Apparently the police think that u are not allowed to protect urself with even the most minimal of force! The LAW is absolutly stupid! I get treated like a criminal before they have even tried to prove any guilt! Im soo pissed! One aggressive psycho has managed to nearly destroy my life? How the hell can the police justify sending someone to jail that did the minimum to protect myself against somebody with previous violent crime convictions and a history of mental health problems

Im sorry all but the law is never your friend!
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Postby Jdawg » Tue May 06, 2008 10:44 am

I know someone who fended a drunk off his gf in a pub, drunk waited around outside, this guy hits him once, drunk falls to ground hits head on curb and dies. Charged and guilty of manslaughter, sentence 10 years, served 7. Gf ran off with someone else.

There is always someone who has had it worse, but agree with law being an ass.
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Postby pc » Tue May 06, 2008 11:51 am

cozmoid wrote:FFS If u think thats extortion! The crown is prosecuting me with injuring with the intent to injure which carries a minimum 2yr jail term!! All I did was try to defend myself from a psycho who was trying to smash me. I just pushed him off me and he fell and broke his arm. Apparently the police think that u are not allowed to protect urself with even the most minimal of force! The LAW is absolutly stupid! I get treated like a criminal before they have even tried to prove any guilt! Im soo pissed! One aggressive psycho has managed to nearly destroy my life? How the hell can the police justify sending someone to jail that did the minimum to protect myself against somebody with previous violent crime convictions and a history of mental health problems
Im sorry all but the law is never your friend!

Something doesn't add up... did you jump on his arm after 'pushing' him?
What started the psycho trying to 'smash' you?
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Postby ollieboy » Tue May 06, 2008 11:54 am

frost wrote:For the amount of work your going to be doing(and charged for buy the lawyer) to defend the charges
Well, you see, the lawyer is a close family friend of both the victim and I, he knows us both well and believes us, not the police, therefore he is representing my friend for zero cost.
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Postby Bling » Tue May 06, 2008 12:31 pm

Can I be his friend too? :)
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Postby rallymazda » Tue May 06, 2008 5:17 pm

for the amount of work your going to be doing(and charged for buy the lawyer) to defend the charges,
you should way up the costs, maybe cheaper and less painful to just bite the bullet and pay, im just giving advice, i for one would fight it but no every one can.


dont forget the extra insurance permiums you will have to pay with having a record
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Postby Mike- » Tue May 06, 2008 7:27 pm

ollieboy wrote: Also lol at filming.


i was serious about that, just park up next to exit of the carpark on a rainy day with the video camera and if its as bad as you say it is all sorts of people will lose traction, (grandma, grandpa, mum and the kids, police!)
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