Need Help With The Law

[Tang3rine]

anyway i usually dont post on here i just sorta browse

long story short im on a 3 month suspension for accumulated points and i got caught driving 2 streets away to the shops the other day (stupid beyond belief i know)

i was in the servo flling up and 2 cops came in for ice creams and scanned my plates

so im just wondering what is the worst and best i can hope to get when i go to court im pretty much expecting 12 month suspension and 1k fine. but i was only 2 weeks from having it back and 2 streets away from my house so hopefully that will be taken into consideration?

[SECURITY]

http://www.rta.nsw.gov.au/rulesregulations...ivoffences.html

you MAY be lucky and be granted a Section 10 i think its called. its a dismissal because of it being your first serious traffic offence. do some research and see if it will apply to you.

Edited September 27, 2009 by SECURITY

[Tang3rine]

ahh cheers heaps man i was looking for something like that.

such a good impression i must be leaving

[SECURITY]

Nobody cares

[DRD-00F]

It's true.

It's not like you got done for drifting or going 260kph...

Did the officers actually see you driving? I would have just left it there and said it was getting some work done at the servo (if it had a garage) or just driven it into a parking spot and called a mate to come and pick it up... You only need a license to drive on public roads.

Section 10 is your best bet. I've witnessed that do some pretty amazing things, expecially if driving is a large part of your job.

[Tang3rine]

nah they didnt see me driving but i would of got myself into more shit if i lied to them, so i hope by fessing up from the get go they take all that into consideration

[SECURITY]

ive done some stupid things in the past when it comes to the law, the main thing is to have a story that clears you from doing wrong and sticking to it. as long as you keep to your story without changing a SINGLE detail they cannot do anything about it. for eg:

when i first got my license i finished work one night and met some mates at UWS Bankstown where bashing their cars around the grass area that is next to the bottom car park. i went in to have a go and i got bogged straight away (damn rwd vn commodores!). security came and called the police before i could get a tow truck to pull me out.

my story was my mate got bogged and i was trying to help him out by nudging him through as his car was a FWD and couldnt make it out. it made me sound like a hero and other than my story they couldnt confirm what happened. they kept asking me to 'think about my story and get back to them'. so i kept to my story, i didnt admit to anything and nothing happened. the end.

moral of the story is as long as you have some sort of plausible story that keeps you in the clear you'll be fine (as long as there are no witnesses that is).

this even worked for O.J. Simpson.

[Yeedogga]

You also have to understand that local court magistrates have to sit down all day, every day listening to stories. Be up front with the court that you made a mistake, and that you realise how stupid your actions were.

Make sure they know you wont do it again. Try and make them believe that.

Don't try and argue that your driving record is good, or that it is your first serious driving offence. You will only invite the magistrate to tell you otherwise.

I wouldn't bank on a s10, but be up front and honest about what you have done and you will have the best chance.

Edited September 28, 2009 by Yeedogga

[Tang3rine]

cheers again for the advice my story basically goes

i was at my mates place 2 streets away working on the car replacing the front bearings in time for the track day at op

and i went to the servo to test them out and get some cheap petrol where the officers confronted me and i admitted driving, while they ate ice creams

obviously ill put a bit more detail into it for court but thats basically what happened

[Tang3rine]

double post goodness

so today i got my letter from the cops and what it says i said is different from what i actually said. im not sure if the cops are trying to help me or screw me over

[R34Liner]

double post goodness

so today i got my letter from the cops and what it says i said is different from what i actually said. im not sure if the cops are trying to help me or screw me over

explain?

[Tang3rine]

they approached me at the door of the service station and asked me if it was my car, to which i replied yes. then they asked me if i received the letter for my licence suspension and i said " about 2 months ago yeah "

then they asked how the car got there and i said " its being kept at my cousins house 2 streets over and i drove it here to put some petrol in it and to check the new bearings i put in"

the cops say

"police waited till the accused approached the vehicle and opened the drivers door then when asked if he knew his drivers licence was suspended replied "yeah i knew. i just drove it around the corner becaus im selling it and it didn't have any fuel" and when asked about when he was made aware of the suspension he replied "a while ago"

and one sheet says i was apprehended at 3:35pm and onother says 2:25 pm on the 23nd of september (creating new dates now i see)

so should i go with my story about new bearings or go with the cops story about selling the car ?

confusing shite

[R34Liner]

they approached me at the door of the service station and asked me if it was my car, to which i replied yes. then they asked me if i received the letter for my licence suspension and i said " about 2 months ago yeah "

then they asked how the car got there and i said " its being kept at my cousins house 2 streets over and i drove it here to put some petrol in it and to check the new bearings i put in"

the cops say

"police waited till the accused approached the vehicle and opened the drivers door then when asked if he knew his drivers licence was suspended replied "yeah i knew. i just drove it around the corner becaus im selling it and it didn't have any fuel" and when asked about when he was made aware of the suspension he replied "a while ago"

and one sheet says i was apprehended at 3:35pm and onother says 2:25 pm on the 23nd of september (creating new dates now i see)

so should i go with my story about new bearings or go with the cops story about selling the car ?

confusing shite

that is a tricky one ay....if you stick to the story you originally said then you will be harassed for changing your story. they wouldn't be trying to "trick" you into changing your story would they? I'm sure that letter they sent you is legally binding so if you agree to the story on the letter they cant turn around and say "you told us something different on the day of the incident". it seems like your best bet is to just stick to the story on the letter, its a lot more sensible and i recon a court would be more lenient because its innocent enough....

other opinions?

keep us all posted buddy, good luck

[Tang3rine]

i think im just gonna give up driving on streets its much to complex, just stick to racetracks they're much simpler go, stop, turn, go, go, go, stop, schreech, dirt

[Kintake]

Do you have a good driving record? How many infringements? Are you a p plater?

Your excuse isn't really an excuse, you are admitting to driving while suspended even though you didn't need to.

[MBS206]

Stick to your story.

That one is BS, and it will help your case be thrown out of court.

Go to the servo, get the CCTV footage from the day if possible.

It'll prove you right.

[craked]

get a good lawyer and he will get you out of it

[Yeedogga]

+1

You may not get out of it, and there is a chance you wont, but contact a lawyer and let them advise you of what you should do.

The fact is it is a relatively minor offence, the court is not going to waste any time watching videos or any crap like that. Forget it, they are not really interested in that.

As stated above, you were driving a vehicle whilst unlicenced, the reason why (in your case) is irrelevant.

Contact a lawyer

[SECURITY]

change the story so its right, there is no point in agreeing to the story theyre giving you if it isnt true. from this point onwards you should try to be as straight forward as possible - you have no other card to play. because if you get caught lying your case will get shot to shit.

firstly, respond to the letter ASAP with the story as you remember it. secondly, point out the discrepancies in court and say, i understand the police officers have alot to deal with in their usual day-to-day and may have mixed the situation with another but what happened that day was as follows........ 'i tried to get the CCTV footage from the store but as of the [date] the store no longer had the tape on file.

at the end of the day you got dicked and the story of how it all happened may not do much to the outcome of your case. even if you get a longer suspension at least you were honest about it and it could have been worse - getting caught lying will get you no leniency whatsoever, and may include the maximum sentence for your offense.

[CatsEyes]

You also have to understand that local court magistrates have to sit down all day, every day listening to stories. Be up front with the court that you made a mistake, and that you realise how stupid your actions were.

Make sure they know you wont do it again. Try and make them believe that.

Don't try and argue that your driving record is good, or that it is your first serious driving offence. You will only invite the magistrate to tell you otherwise.

I wouldn't bank on a s10, but be up front and honest about what you have done and you will have the best chance.

Amen