Sustained Loss

[rx7guy]

Many of you are familier with the go-kart track of SH1 in kaikoura. http://maps.google.co.nz/maps?q=kaikoura&hl=en&ll=-42.417025,173.634474&spn=0.00404,0.009602&sll=-42.455888,173.990479&sspn=2.066931,4.916382&t=h&z=17

Heaps of guys go there to drift since it is known as a sweet safe little spot to have a good thrash. Just search google/youtube. Yesterday had awesome weather so me and a mate went to Kaikoura for the day and since I was there I thought I'd have a bit of a drift. As I am leaving the cops turn up and say I'm being charged with sustained loss of traction.

Now this sucks pretty bad since I was intentionally trying to do this safely so I intend on arguing my case. The towie thought it was a crock and said that local cops encourage young guys to go down there instead of drifting on the street. He mentioned that in the Kaikoura Star paper there was even an article that mentions this. I have had a look to find this article with no luck yet, the only thing that kind of backs up my point is this article http://www.sit.ac.nz/insitu/?p=644. He also thinks I should talk to a local good sort cop.

My question is does anyone know this article or have access to Fairfax archives who would be able to find this? I think If i can get something hard like this I might have a decent chance of getting off. Whatever way my case goes is going to decide it for everyone else who goes there in the future aswell I reckon.

[Elmo]

Wheres the track? Cant see it in that link

[Voodoo]

Just by the mouth of the river on the right side

[jondee86]

Is the track classified as a public road ?

Cheers... jondee86

[rx7guy]

Yep apparently

[EssDub]

If thats the case, then you're screwed

[rx7guy]

If thats the case, then you're screwed

Dont tell me that!

I guess I need to speak to a lawyer, but surely if a statement by the police says it is ok to do something, I cannot be charged for doing it?

[TRD Man]

Presumably this is a track built and maintained by a local crew of go karting people, onto which you've invited yourself to perform your act of hooliganism with total disregard for the damage you may cause and the resultant effect on the intended users or those who provide the resource to maintain it.
You deserve everything that comes your way.

As for the legality of the ticket, any property, public or private, onto which the public have unrestricted access is considered as a roadway for the purposes of policing.

[l1ttle_d3vil]

Get in touch with the paper that ran the article and tell them you're trying to find it. They'll be able to track it down, not everything gets published online.

[Garreth27]

If its a public road then you screwed, if its private property then maybe you stand a chance but then you might get done for unlawfully entering the property. Well thats how i see it.

[DXROLLA]

Its an abandened go kart track no one maintains it, hence why its pritty $&#$%, never been there myself but ive herd of numerous people going there to do the same thing.
Sounds like the cops were on a mission that weekend http://www.stuff.co.nz/national/5194404 ... n-Kaikoura so im guesing you chose the wrong time to go.
Id try to fight it, as far as im aware and what ive been told the cops have incouraged people to skid around there

[Bling]

Presumably this is a track built and maintained by a local crew of go karting people, onto which you've invited yourself to perform your act of hooliganism with total disregard for the damage you may cause and the resultant effect on the intended users or those who provide the resource to maintain it.
You deserve everything that comes your way.

Presumed wrong, long since abandoned going by the photos of the track I have seen

As for getting off the ticket, legally it's a public road, so legally you're stuffed. Whether you can prove the local police encourage people to use it though may well help your case.

[gurutasker]

I guess I need to speak to a lawyer, but surely if a statement by the police says it is ok to do something, I cannot be charged for doing it?

Police enforce the law, not define it.

To be honest I don't think you have much of a chance fighting this one. Like people have said, considering it is public access area it could easily be defined as a roadway, and if you convince it is not then you could get done for damage to private property (someone will own it).

And the 'because everyone else does it' line won't wash in the courts either. All they have to do is define it as a public road, and you've already admitted to the act.

[rx7guy]

Its an abandened go kart track no one maintains it, hence why its pritty $&#$%, never been there myself but ive herd of numerous people going there to do the same thing.
Sounds like the cops were on a mission that weekend http://www.stuff.co.nz/national/5194404 ... n-Kaikoura so im guesing you chose the wrong time to go.
Id try to fight it, as far as im aware and what ive been told the cops have incouraged people to skid around there

Ahh yep thats lame. I guess the thought of a big group getting rowdy made the cops change their mind about the tracks use.

Thanks for the help so far guys (and the not encouraging comments are good to, I can see a better overall perspective haha)

[BZG Wagon]

Did the cop actually see you lose traction?

If you've got $1.5k - $2.5k then get a decent lawyer and fight it. The police nearly always f*ck up the paperwork and it's fairly difficult for them to remember what went on if you go to court in 3 - 6 months.

Really sucks dude. Remember to keep it to paddocks next time.

[Akane]

Did the cop actually see you lose traction?

If you've got $1.5k - $2.5k then get a decent lawyer and fight it. The police nearly always f*ck up the paperwork and it's fairly difficult for them to remember what went on if you go to court in 3 - 6 months.

Really sucks dude. Remember to keep it to paddocks next time.

They have this little notebook and write down everything happened, and if they missed a gap they will just fill it in with random garbage when they see fit. Words like "I suspect", "could potentially".... doesn't go well with the judge, especially if you have previous records.

They also have a senior sergent / prosecution officer that finds every single loophole in the book to do you. I've witnessed with my own eyes that a 15 year old kid got done skate boarding down queen street because a skateboard is defined as a vehicle in LTSA (NZTA), the prosecution officer was teaching how the police officer should handle this and teaching him what to say, heard it with my own 2 ears when I was waiting outside the court room for my own case.

Granted skateboarding down a busy road is dangerous and the kid got a bit smart trying to high 5 the officer that's on duty and on his bike. But no warning he stopped the kid 30 seconds later and gave him a ticket. A bit harsh imo, the kid was peeing his panties in front of the judge.

and rx7guy, I reckon you're 99% screwed in this. You can try write a letter and ask for a court hearing, worth a try. Make sure you have a back up copy of the letter you're sending, date and details.

[Emperor]

As for the legality of the ticket, any property, public or private, onto which the public have unrestricted access is considered as a roadway for the purposes of policing.

Locked gate, fixed.

We had a cop show up to our workshop last night, just after I had been skidding the RX7, my mate was in his 32 at the time when the cop rolled throguh the gate, mate thought he was $&#$% so just kept going then handbraked it to the cop car.
Cop was a good sort, told us just to lock the gate next time and to have a good night...

[rx7guy]

They have no doubt that I was drifting, anyway I'd be lying to say I wasn't. A family friend lawyer has heard my case and has given some advice so I will see what happens from here.

On the plus side I brought a mean Subaru Leone today to get round in until I get my car back. 4wd button on the gear stick. Yeah Roy.

[dnalunchie]

Been down this road before

fought the law, paid 2k legal fee.

Burning Angel can tell you how much fun it was carting my ass around for 6 months with no license

It never ends well

[h8wrxs]

Been down this road before
Burning Angel can tell you how much fun it was carting my ass around for 6 months with no license

It never ends well

yep, been there to, mates get pretty sick of driving you around