Off To Court :(

[ToMMaH]

Yeah, I don't know we'll see tomorrow I guess. I doubt they could give them a timelimit but the judge can just throw it out anyway.

Also I was told this today. If they cannot provide detail of the specific mod thats a defect you'll get off it. For example say if you have a defectable BOV and you get defected for it and go to court. If they cannot say what type of BOV it was then you'll get off for it. This came up because the cops have no idea what my diff is or whats done to it other than what the cop assumed and what I've told the.

[.:: GimpS-R34 ::.]

Get your lawyer to put the situation of 4+ months and they still havent done the report.. tell them it's time wasting and stalling.. judge will get pissed off and tell them if it's not done next appearance then it will get thrown out.. prosecutor will shit himself and possibly drop the charge on the basis that they probably don't have the evidence they tried gathering... happen to someone i know

also what you're going for today.. is it a commital hearing? that's where you either plead guilty or you get to see the info they got on you so you can go the next time for the court..

and for the others saying get in first and don't let them hammer you.. its not that sort of court.. bringing in witnesses and such.. it's sorta like the Judge Judy type.. except its your&lawyer vs the prosecutor and you both just speak to the judge.. just not redneck...

[ToMMaH]

Ok so it was just a mention today. They have amended the charges. They agree that it is not a locked diff but are still saying it has been tightended which is still unsafe. The funny thing is the original charge was for 6(1)(b) modifying a vehicle, in a way that adversly affects saftey and has now been changed to 5(1)(e) The vehicle is not unsafe but is otherwise defective. Now how are they saying it's still unsafe yet they are changing the charge to the one that says it is safe... LOL.

Anyway the differance is from 3 points and $150 to 1 point and $75 although if I were to plead guilty to the new charge it would be taken as being at first opportunity and the fine would most likely be less.

I am thinking of pleading guilty to the new charge mainly as it's just too much of a pain in the arse and way too stressful. Ontop of that it's going to cost me a lot more money the longer it goes on. Im sure you can imagine the situation.

Also, we did finally get the brief today which included a transcript of the conversation I had with the office at the time which was recorded. It should be noted that the transcript was done by the same cop. Bassically it is all a load of shit. Most of it is completely out of order of events and there are a heap of things I & he didn't say and things that are claimed to have happened. Not to mention most of things ive said he has written down 'unintelligible' I guess as he couldnt hear what I had said.

Also just for laughs. "police were patrolling(getting food from subway) the ...... area when their attention was drawn to a black Nissan Sedan(coupe thanks) bearing qld registration RBR33. The vehicle was intercepted(err I was parked, hardly intercepted). I also apparently said I was going to change my diff...uh don't think so.

The funny thing about that is I'm supposed to have changed the diff as to have a legal one. I haven't changed the thing at all since then yet the shim has worn down and would be quite legal now according to them without having changed anything.

[simpletool]

It's hard to say, but really you SHOULD get off. They are greatly stretching the truth and fabricating minor details to make it look worse. It's usual for them to change the context of an event. I have gone to a magistrate's court 3 times previously and each time the story was a large stretch from the truth - with some parts entirely fictional. Each time the Magistrate didn't listen to my rebuttals.

In your case the police are likely hoping you do plead guilty as they clearly have no proof of your locked diff or if you have changed it or not after the incident. No proof what-so-ever !

I hope you pleas not guilty so we can see what happens - but I wouldn't blame you at all for pleading guilty.

Note: A police officer has possibly passed this thread onto the officer involved.

Edited November 25, 2008 by simpletool

[sneakey pete]

Are you legally allowed to record conversations you have with officers? I might invest in a cheap recorder of some kind, might come in handy down the track..

[666DAN]

Are you legally allowed to record conversations you have with officers? I might invest in a cheap recorder of some kind, might come in handy down the track..

Queensland is the only state where you can record a conversation without consent of the person you're talking to (currently) not if you're not involved in the conversation though.

"The Invasion of Privacy Act 1971 (Qld) prohibits the use of a listening device to listen to or record a private conversation where the person is not a party to the conversation"

The Police never openly tell you that they're recording, but some are courteous enough to have the recorder in full view so that it's implied, they'll not verbally aknowledge it though.

The old addage applies here-

'good records facilitate good defence, poor records a poor defence and no records no defence'

- A complete record of the conversation prevents relying (poorly) on memory and will provide all the defence you require. As long as you've been truthful and courteous and aren't at fault.

[Trapper]

alot of cops also have the recording watch's so always assume your being recorded by at least 2 devices.

[Gts-t]

i can see the ease in taking the 1 point and small fine, but what if u were to get done again for the same thing next week. Forgetting the shim has worn a bit

[Doze]

Also, we did finally get the brief today which included a transcript of the conversation I had with the office at the time which was recorded. It should be noted that the transcript was done by the same cop. Bassically it is all a load of shit. Most of it is completely out of order of events and there are a heap of things I & he didn't say and things that are claimed to have happened. Not to mention most of things ive said he has written down 'unintelligible' I guess as he couldnt hear what I had said.

Also just for laughs. "police were patrolling(getting food from subway) the ...... area when their attention was drawn to a black Nissan Sedan(coupe thanks) bearing qld registration RBR33. The vehicle was intercepted(err I was parked, hardly intercepted). I also apparently said I was going to change my diff...uh don't think so.

Can anyone say CMC here? Don't like the chances though or the hassle you may end up with if you do..

i can see the ease in taking the 1 point and small fine, but what if u were to get done again for the same thing next week.

Don't forget with the anti-hooning laws for repeat offences, you can have your car impounded and ultimately sold on you if it happens enough... yes, it incorporates defective cars as well from what I last read a while ago.

[mic_check_1_2]

pretty sure it doesnt include defects champ otherwise my car would of been gone along time ago..

as i spoke to u on msn last night tom, its a lose lose situation, first off u could of had 3 points and fine or now u have 1 point and fine, u hav 1 point anyway so either way ur licence would of been gone, and even if it was to get thrown out uv forked out all this money on solicitors to prove u dont have a locked diff... pretty pathetic

all that extra money spent on solicitors u could of had a new turbs lol

[Trapper]

Actualy it does, under the type 2 hoon laws cars can be taken for illegal modifications as they call it, its something i have been trying to get a group together and start fighting on a political level but am not having much luck

Edited November 26, 2008 by Trapper

[mic_check_1_2]

lol iv been defected with wheels protruding guards twice and a few otha things few times yet to be mentioned anything about car being taken off me though lol

[PWND]

I think that's the frustrating thing though, because if they wanted to, they could take your car for wheels protruding, as it is considered a major defect.

There doesn't seem to be a lot of consistency with the new laws. A lot appears to be left on the officer to decide, so, worst case scenario, if he is having a bad day, or you argue the point too much, you could potentially have your car impounded for wheels being too wide.

[ToMMaH]

Car confiscation laws to tackle hooning will go state wide in Queensland from Tuesday after a trial saw nearly 1500 cars locked up. The Type 2 hoon laws target repeat offenders who are charged multiple times with one of five offences.

Offences include driving an unregistered or uninsured motor vehicle, driving while unlicensed, failing to supply a specimen of breath or blood, drink driving over 0.15 per cent and driving an illegally modified vehicle. Police Minister Judy Spence warned repeat offenders to beware

[ToMMaH]

pretty sure it doesnt include defects champ otherwise my car would of been gone along time ago..

as i spoke to u on msn last night tom, its a lose lose situation, first off u could of had 3 points and fine or now u have 1 point and fine, u hav 1 point anyway so either way ur licence would of been gone, and even if it was to get thrown out uv forked out all this money on solicitors to prove u dont have a locked diff... pretty pathetic

all that extra money spent on solicitors u could of had a new turbs lol

Yeah but it's the point of it. I'm too stubborn and proud to take blame for something I didn't do like this and that's why I don't want to just roll over. I don't particulaly care about money but unfortunatly I'm not in the position I was back in July when I had 6-7,000 set aside to spend on the car. Also having an extra 2 points may save my ass down the road, who knows.

[sneakey pete]

The only problem is, i guess, is that next time someone decides that you have a major defect its not going to just be a case of defending a point, its going to be a case of "sorry, there goes your vehicle"

[.:: GimpS-R34 ::.]

if it's legal.. i wouldnt give up.. what if it happens again? go through with it cause if your cleared then you can recall that case next time and won't require a lawyer

[Trapper]

I say stick it out dude, not just for you but for the car enthusiest community as a whole cop's for too long have been able to claim we have defects without knowing what they are talking about

[PWND]

easy for me to say, but def stick with it

otherwise you will already have one defect notice against you, which could be costly if you get another defect

also, reduces your credibility somewhat if you decide to fight the second one

on the other hand, if you do get another defect notice again, and successfully fight that one, you could show a pattern of being wrongfully fined, targeted and even discriminated

[norightarm]

That really sucks, what was the outcome??????