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#1
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Police just doing there job
Okay, So this is what happened....
Canning Hwy, Monday afternoon just gone. Took off from the lights in the work ute (XR6 Turbo) and no question gave it a few too many revs. No need to discuss why this happened whether there was crap on the road, I had a brain fade, I had taken a 400 ltr diesel tank off about 1hr before, I dont know. Anyways I was in the car by myself and not trying to show off or race anyone. I certainly dont think there was any smoke cause I lifted off till I got traction and then accelerated again and looked in my rear vision mirror. A couple of K's up the road this bird pulls up next to me in a 4wd dual cab navara and gestures to wind down the window. I did and then she asks 'why I did a burnout'. I was very polite and she flashed her police badge and I gave her my details. She said she was going to send me a summons for reckless driving and 'have a nice day'. Puts up her window and drives off. Never accused me of speeding / racing / hooning just being reckless. She was obviously quite nervous cause she was shaking. I figured she was just trying to put the wind up me and I would never hear from her again. Next morning at work she rings asking for the details of the driver that did a massive burnout down canning hwy. Dad took her details and then came and saw me, got my side of the story and rang her back and gave her my details i.e. correct spelling of my name date of birth etc. I am not worried about getting trouble at work. That is simply not an issue. I am not disputing that I did the wrong thing from the lights. Obviously the severity of it is open to discussion but in no way was it reckless. I dont know what she can send me a ticket for but if it was something that fitted the crime no problems. Just pay fair cop and life is good. However if this silly woman wants to send me a summons I will be left with no option but to fight it. Neither of us have any witnesses, the whole thing seems to be a bit of an over reaction. My questions are: a) Can an off duty cop issue summons for reckless driving b) Does anyone know what the penalty is for reckless c) Can anyone recomend a reasonable lawyer. I think what has happened is that this bird is only a constable (i.e still new) and wants to make a good impression
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#2
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a) yes
not sure what the penalty is but expect double demerit points off =/ my friend got done for a burnout but only got something like 'driving in a way to make undue noise' or something and that was 3 points and $150 just to give you some idea.. |
#3
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Fark dude .. you're getting owned bad .. Hope you can sort it out. Those XR6T utes are way too loose in the rear end .. figuratively speaking.
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#4
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wtf is it with off duty cops flashing their badge around power trip styles?
couple of years ago, one "pulled over" my ex with just a badge. He took down her details and told her off for singing while driving, then drove to her house the day after to speak to her dad. He also approached us at a shopping centre a week later where i politely told him to fuck off. Anyone flashing their badge to me on the road can go and get fucked unless they got a flashing blue light and a siren. With the amount of dodgey carnts aroudn with fake badges i tell my current missus to never stop for anyone with out a real cop car, and if theyre persistant, to drive to the closest cop shop. |
#5
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take it to court, bring a good lawyer. u will get off... worse case is careless driving and no where near reckless.
they wont bring it to court though as they have nothing... |
#6
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im with smokey
I got pulled over by an off duty detective for doing 160km down Marmion racing a Commodore. Before u flame me, i know its a fucken stupid thing to do, and I learnt my lesson, but he told me plain and simple, there was fuck all he could do to me because he was off duty. If any cop flashed their badge at me while I was driving, I would pretty much tell em to get fucked. Unless they have blue/red flashing lights and a nice hat. |
#7
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just dont admit to it....easy
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#8
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i believe the charge is "undue & excessive noise" but if it only lasted a second or two, just say your wheels spun on a greasey patch of road (which it would have been if you were pole position at the lights) definately not wreckless or careless driving (these charges are when you are endangering a 3rd party or you actually hit someone from not paying attention) do your homework or get a good lawyer, the cuntstable will be very embarrassed and will get slayed in court by the judge for wasting everones time if you beat her
good luck mate |
#9
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NEVER admit to anything. Not even on a news group.
Quote:
Did you hit the limitter ? If so, it stopped you and you can't have done "too many". Along these lines perhaps some of our resident police officers can give their thoughts on this. We all know that different surfaces can make tyres produce different noises. The most obvious of these is some car-parks which can make squeeling sounds even at a walking pace. So given "urabus"s situation, how much of it is simply the police officers "word" ? I mean lets face is, there are many questions that the police officer will simply not be able to answer positively in court. 1. What where the weather conditions on that day ? 2. How wet was the road ? Any grease ? Do you have pictures ? 3. What sort of tyres does the car have ? 4. How warm were the tyres ? 5. Do you have photo's of the rubber left on the road ? 6. Can you show that they match the car in question ? 7. Do you know HOW many RPM the car was doing ? 8. Does the car have a limiter ? Did it hit the limiter ? 9. How much noise do you think the car made ? in db ? 10.Did you have a device for measuring the sound pressure level ? 11.If you did not have a device, how can we be sure it was too loud ? 12.If you were off duty, had you been consuming any alcohol ? The answers to the above questions will be either "No" or "I don't know". So how much is it just the "word" of the officer ??
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[SIGPIC][/SIGPIC] My flame suit is on. Give it your best biatch. [COLOR="Red"]My STI's carbon emissions are offset by killing puppies.[/COLOR] Last edited by fobz; 11-04-2007 at 12:18 PM. |
#10
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To my knowledge, no fine (apart from Multanova) can be issued via mail. They must fine you on the spot, and the fact she was off duty suggests there would be SFA they can do about it...
That'd be like fining you if any old passerby saw you do it, and as most people would know, they can't fine you off a passerby's word without evidence (video/photographic)
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