An Update: My wreckless driving infringement

[ix9]

Well, some of you guys might remember reading our Police Harrassment thread and such.....

for the record it's here http://forums.skylinesaustralia.com/showth...s=&threadid=800

So you all saw the letter I wrote etc... and I said i'd keep you posted. So yesterday I got a letter back about the incident - 3 months later yes!

It read a little something like this:

The offence of "Driving without due care and attention" is commited when one's attention, be it momentarily, is drawn from the particular action undertaken at the time.

In the letter you admit reaching down to pick up your mobile phone and to swerving slightly, this in itself construes careless driving as your attention was drawn away from driving along the road and your vehicle has swerved.

now, my point is... is $100/ and 3 points an appropriate penalty for my offence? How many other people light thier cigarrette's, fumble for make-up, and read MAP books behind the wheel ?

.. all offences more careless than mine...

I need a rebuttal.. (oh yeh, this isnt finished yet, i want to keep those 3 points my friend!)

in the previous thread, jimb0 said i should use the remark

I guess if you left the phone rolling around under your feet it may have caused more of a hazard by getting behind your pedals and rendering your abilty to use the brake/accel/clutch .......  

I need some more of those.. c'mon guys... help me out, what do you think I should do ?

[blind_elk]

You can't use the 'I shouldhave left it under the pedals' argument. Simple rebuttal is 'you should have pulled over immediately to rectify the situation'.

The only complaint you might have is that they have totally ignored your complaint regarding the attitude of the officer(s) involved. I think you should stress that as being the primary intention of your original letter. Forget about WHY they pulled you over, concentrate on what they did after they pulled you over.

[ix9]

good point... how does THIS sound....

This would bring anyone to believe that by picking up the moving object off the floor was the only careful thing to do. And an exact opposite of driving “without due care” If I had pulled over and attempted to pick up the phone some time later, it may have been too late and already be causing a hindrance to the pedals of my vehicle thus, a chance of causing an accident and in my opinion “Driving without due care and attention” for not picking it up in the first place.

[Laurence]

I thought the police encouraged wreckless(sic) driving!

[ix9]

My 3pt/$100 wreckless driving charge hasnt gone to court yet. I have not specifically asked for it to goto court either. I have written them two letters so far now..

The officers that stopped me and abused me have apparently had a "morning coffee" with the head seargent at rocko police, of which i have not heard the result.... that's one thing out the way.. I'm sort-of, but not completely happy with that..

But get this, every time I send them a letter saying "blah blah, reconsider the penalty" they send me one back saying "I recieved your letter, the infringement process has stopped, you will recieve a reply in due course"

then they call me back, generate another letter, with an extended date where the infringement is due.... so then I'll write another letter.. this could go on for a while.. and i'm prepared to sweat it out.. no effort on my part

I'll keep you posted on how it goes....

[DREMEN]

lol good ****......

You gotta beat the system.... cause if you don't they will continue to beat the **** out of us :|

[Boostzor]

I got nailed for $150/3pts for "turning in front of oncoming traffic"

U guys probably know of this incident. I didnt see the chick who hit me neither did the guy in shotgun or the guy in the front seat. The cop in front of me (that i may or may not have been having a squirt with) may have but he drove off.

So in my opinion it wasnt my fault but wether it was intentional or not is beside the point. The thing about my little incident is that i actually did damage so i just bit the bullet and paid the fine as punishment.

In ure situation u did not hit anything but just couldnt have picked up ure phone at a worse time

[RadiuM]

Originally posted by DREMEN

lol good ****......

You gotta beat the system.... cause if you don't they will continue to beat the **** out of us :|

**** yeah, i got done for apparently going through a red light and was pulled over by two cops, one old guy and a youngin. they gave me a ticket without any hesitation and i instantly said id see them in court..

6 months later there i was, crapping on for 2 hours about how the cops must have been looking at the lights in the other direction and got let off

the best thing was, one of the young cops during lunch says to me. ' quit smiling, there's no way your going to get away with this! '

a quick smile to the officers as i left was enough to please me.

hehe :)

i think it was a lucky day for me.

Shaun

[Grim]

What were your overall expenses? ie. did you have to pay any court costs or did you get any legal advice?

and be honest, did you really run a red?

Well done for getting off

Originally posted by RadiuM

**** yeah, i got done for apparently going through a red light and was pulled over by two cops, one old guy and a youngin. they gave me a ticket without any hesitation and i instantly said id see them in court..

6 months later there i was, crapping on for 2 hours about how the cops must have been looking at the lights in the other direction and got let off

the best thing was, one of the young cops during lunch says to me. ' quit smiling, there's no way your going to get away with this! '

a quick smile to the officers as i left was enough to please me.  

hehe  

i think it was a lucky day for me.

Shaun

[RadiuM]

cost = 0;

once you win, you just walk out of that place.

I represented myself so there were no lawyers fee's and there's no court costs etc.

the lights went orange with me being about 15-20m away I just passed through them.

another important thing though is, the cops were coming up the onramp(to a freeway overpass) the wrong way, with their lights on so I knew they were behind me and the closing statement was ' would i be so stupid to go through a redlight when there is a cop car behind me with its lights on? '

nice cops, just stupid, i dont think the judge liked 'em either.

Shaun

[Guest INASNT]

just send em a symbol indicating what they can do with their $100/3 point loss fine!

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[Pva_Glue]

Just pay the fine...

and take it as life lesson...

it's just not worth the contesting...

Mine is still going... I have to go to court in november.

Not looking forward at all!

cheers

Joe

[Pva_Glue]

Dig Dig DIg GOLD!!!

so what happen to this?

did you end up paying the fine and cope it sweet?

ps.sorry to bring this old thread, can some one move this into WA wasteland please

[tigeryas]

i was still on my P's driving my mum's Suzuki Swift back then

couldnt possibly be over the limit for the reasons mentioned above

[teejay]

those Wreckless fines are killers hey

Edited March 18, 2006 by [teejay]

[ix9]

LOL @ thread digup

After 18months I took the points after going to court and pleading not guilty fyi

Had statements signed by passengers in the car and they didnt seem to care!