Off To Court :(

[ToMMaH]

So I've just been handed a major defect notice for having my diff locked. Now I actually only have my diff shimmed, not locked which isn't illegal is it?

Pretty much looking for any advice on this for when I go to court. I've been told I should go get a letter from some qualified person regarding the legality of a diff shim rather than just front up claiming it in court.

[red_screamer]

get all the evidence u can to support your claim... and also get a lawyer they do wonders

[ToMMaH]

So main question though just to clarify with what I thought, a shimmed diff is legal correct?

Unfortunatly money for a lawyer would be an issue unless i'd be able to get the cost back if found not guilty?

[MFC05]

I suggest you try legal aid its a free service provided by the government, at least you will know how to present your case in the courts .

Hope that helps

[PWND]

out of curiosity, how did they get you for a locked diff?

were you turning near a cop car or something?

[ToMMaH]

Well it was my mums 57th B'day today and we we're getting Thai food for it. So me and her drove down to Shri Thai at Mt.Ommaney. As I was entering the carpark I guess the cop could hear the inside tyre making a bit of noise. While he had me pulled over a 180sx drove in as well with a shim/lock/whatever and he pulled her over as well. Wrong time, wrong place. Of course he gave some shitty speech about modified vehicles killing people and all that garbage too. Absolutly ruined my mums b'day because we were both that pissed off about it.

I'll see about this legal aid thing. Could anyone recommend any lawyers for car mod related issues? Might fork out some money as I've just gotten my tax return back today. Unless this is a lost cause.

[rb26s13]

wow.. bad luck dude i woulda been fuming.. i dont see how they can defect you on a locked diff tho.. how the f**ks its suppose to be dangerous?

[.:: GimpS-R34 ::.]

yeah i would see legal aid.. they will explain a few things and tell you how you can go about it.. of course they cant tell you what to do, to get off but they can tell you whether or not certain things are allowed if you ask them questions and give them ur situation

if your totally boned then might as well save ur money for a lawyer.. of course you could pay for a consult with a lawyer, costs but not as much as having them represent you in court

[Lazy-Bastard]

Your diff comes from the factory with shims. You have replaced a worn shim. How can that possibly be illegal.

You are probably going to have to pay for a lawyer if you want to win the case. Alternatively, if you think you can present yourself well enough, get formal documents from 2 or 3 different mechanics/diff specialists stating the fact that the diff is shimmed from factory and it is common for a diff to need servicing via replacement of said shims.

[Redback]

take it to court. i wish someone would record the police talking the way they do to us enthusiasts

[ToMMaH]

Your diff comes from the factory with shims. You have replaced a worn shim. How can that possibly be illegal.

You are probably going to have to pay for a lawyer if you want to win the case. Alternatively, if you think you can present yourself well enough, get formal documents from 2 or 3 different mechanics/diff specialists stating the fact that the diff is shimmed from factory and it is common for a diff to need servicing via replacement of said shims.

Yeah that was what I thought. The only thing I thought that might have been an issue was because the shim I got was thicker than the norm.

Looks like I'll be getting a lawyer then as I have no idea about the court system other than what I've seen on Judge Judy. If anyone can recommend any lawyers for car related issues it would be much appreciated. In the mean time I shall give this legal aid place a call today and go talk to Option1 about it as thats where I got the shim done.

[ToMMaH]

take it to court.

By law I have to go to court. As of July 1st(correct me if im wrong) the new laws mean that for any defect at all you are required to appear in court. There is also the new laws that mean 1st defect is a warning, 2nd defect car is confiscated for 2 days, 3rd a month and the 4th time is permenantly. But f*k them, I'll end up driving a 100% stock skyline before I drive a bloody excel as im sure they'd like.

[rb26s13]

you could argue that the thicker shims which replaced the old standard ones were replaced with thicker so they'd last longer...

[ToMMaH]

Well I don't even think that will come up. But yes I could.

The other problem ive just realised is Im not allowed to drive my car as of 7:30pm last night until the defect is cleared. Now if im not changing it as its legal I guess I could fill out the self clearance form now(he didnt tick a box requiring me to have it looked at by QT). However seeing as I'm going to court to prove its legal, I can't really clear it till then can I. Plus If I were to get done for it again in the mean time it'd be even more of a problem. I can see myself going down to the cop shop to give them the self clearance notice and get done in their own carpark again lol.

[Revhead]

I can't offer any legal advice but that's some pretty bad luck mate.

That said, keep in mind that a skipping back tyre can get you an undue noise ticket, and I also know of at least one person who has had their car confiscated for "hooning" because their diff (tight, not locked but probably not as tight as yours by the sound of it) chirped over a white line while turning. Completely ridiculous but what can you do?

[ToMMaH]

Well so far I've spoken to legal aid, I have to call back monday to make a booking to speak to someone so the earliest that will be is the 28th.

Qld transport was of no use in regards to the clearance of the defect. I called the police about it and the guy I got put through to was pretty useless and asked if I wanted to call back tonight to speak to the officer who actually got me last night... i'd rather not.

I'd take an undue noise ticket I honestly don't care about a fine from this my sole concern is points on my licence.

[ToMMaH]

Lil update: Spoke to steve? from option 1 garage as paul was busy. He said they'd send me a letter about the work that was done etc. Sent an email to paul so hopefully that works out.

Back to QLD Transport mod line about it and some guy named Billy is going to call me back after he looks into it a bit more but it seemed promising. Also I was looking up their modification guidelines beforehand and found "permanetly locking a differential by welding or other means is not permitted and has a dangerous effect on the handling of a vehicle" and there we go, my diff is not permanently locked.

[Sexual_32]

Im still curious to know how the cop can even prove u got a locker.. i reckon if u went 2 court with very little evidence u could ask for proof on how he knew it was a locker. Ask for explainations on how a locker works. How to tell a car has one & why its illegal? Did he ask u if it was a locker? What did you admit to saying u had? U really want 2 prove its not a locker, get something from an engineer in writing. take it 2 court n ur fine will get thrown out.

[Col-GTSX]

An undue noise ticket carry's 3 points so thats not a good option...

that all said in 2000 i got booked for speeding 80 in a 60 zone by a cop who didnt ever have me on radar

how do i know, cause when i questioned it saying i was only doing 60 he said

"i can estimate speed and issue a ticket on my estimate"

I said mate your estimate is wrong

he said "maybe you would prefer a ticket for those bald tyres plus an undue noise ticket"

i took the speeding ticket and copped it on the chin, all in all there are a few arsehole cops out there and they all seem to hate modified cars

My honest advice, Id take the fine and just make sure you cant get done for it again, and drive super good so you dont loose anymore points...

Ive seen quite a few users take on modification fines over the years... Im yet to see a winner...

Nismoboy is the closest ive seen to a winner, but he spent 10g's on his legal case and 10g's in unrecoverable costs is not what I call winning...

[ToMMaH]

Im still curious to know how the cop can even prove u got a locker.. i reckon if u went 2 court with very little evidence u could ask for proof on how he knew it was a locker. Ask for explainations on how a locker works. How to tell a car has one & why its illegal? Did he ask u if it was a locker? What did you admit to saying u had? U really want 2 prove its not a locker, get something from an engineer in writing. take it 2 court n ur fine will get thrown out.

He was just going on the noise the inside wheel was making while I was going slow as feck. He didn't want to listen to me pretty much. I had said it was only a shim and not locked but to no avail.

An undue noise ticket carry's 3 points so thats not a good option...

i took the speeding ticket and copped it on the chin, all in all there are a few arsehole cops out there and they all seem to hate modified cars

My honest advice, Id take the fine and just make sure you cant get done for it again, and drive super good so you dont loose anymore points...

Ive seen quite a few users take on modification fines over the years... Im yet to see a winner...

Nismoboy is the closest ive seen to a winner, but he spent 10g's on his legal case and 10g's in unrecoverable costs is not what I call winning...

Eeeep, lets not do that then He said as a major defect it was 3 points anyway. Unfortunatly my problem is I have only 1 point to play with at the moment due to an incident last october. But I really do drive "super good" now anyway as a result. I don't speed at all and even stick to speed limits in road construction areas where there is no bloody reason to. I even see cop cars speed past me on the cen10 highway where it's currently a 60 zone... f*k thats painful.

Car will be cleared tomorrow. I had misread the form and I need to get a saftey certificate to clear it. My mechanic is also going to write me up something as when I talked to him today he wanted to pull out the diff just to check as he didn't want to get in shit over it. Might as well take some photos while its out and open to.