My day of rekoning comes tomorrow

[Messiah]

Arrgghh the stress,

Well all tomorrow i get to put the theory of running from a car jacking (or perceived car jacking attempt) to the test.

A few weeks ago on my way home one night i had a big 4wd (as in pajero type, not gtr skyline 4wd type) Come screaming up my ass on a deserted stretch of road. The guy was approaching me at one hell of a pace in an 80 zone and showed no sign of letting up or over taking.... infact he kept on approaching when he was withing half to a quarter car length behind me, still with no sign of attempting to go around.

Now this spooked the hell out of me... the guy had everychance to over take if thats what he wanted but instead just seemed intent to get a close to me as possible. So considering the alternatives (getting shunted and crashing off the road, to getting shunted stopping and having the hell beaten out of me) I put my foot down.

Being on a downward slope my line pickedup and shot off with no worries, and i put distance on the 4wd without a prob.

Now comes the bummer.

As i round the corner at the bottom i'm greeted by a set of red and blue flashies up the road ahead of me. By this time i'm well ahead of the 4wd and pulled over pretty quick, i actually thought "Whew thankgod!" for a moment until it was replaced by "Bugger i must have been flying.... i'm in the sh1t now!".

After some initial confusion (the cops telling me to turn the engine off while i fratically waved the keys out my windows with one hand while maddly scrabbling at my timer with the other, while this was going on the 4wd cruised past slowly) i was given a driving endorsment for doing 130+ in an 80 zone. I explained the situation with the coppa (very nice chap) and he gave me th option of the fine or a court appearance, suggesting the court would be a better option as the fine entailed a loss of license. Little to say i took his advice.

Now i have court tomorrow where i have to go account for myself. To say i'm nervous as hell is an understatement (been really hard to sleep since then).

Does anyone have any advice or anything they can offer? i'll be really miffed if i get lumped with a fine and license suspension because i tried to get out of what i perceived to be real physical danger, even if i was going quick (i didnt think about speed, i've only had the line for a few months and for that moment in my mind i was back in the old N12 where pedal to the metal meant 80 km/h max.)

Even if the guy was just playing silly buggers i had no way of knowing and i didnt want to find out if he wasnt just messing... i'm allergic to pain and car jackings.

[Merli]

Interesting story... Will be interested in seeing how it turns out... Good luck, and I hope you're telling the truth, as Police prosecutors are very good at their jobs!

[sammus]

arg! tough situation i wish you good luck with tomorrow and hopefully they can see it from your point of view.

do you have any previous fines or anything ? if not you can use that lack of fines to show that you don't speed for the fun of it.

[Mrman]

Try to show that just because you drive an import doesn't mean you are out to be stupid and dangerous. If you can get a letter from your boss saying that you need your license to drive to work, take mum to doctor.....etc.

[Messiah]

oh and if anyone asks "why didnt u tell us this sooner?" its cos i'm the quiet brooding type with a little black shrivelled heart who likes to get all bitter and twisted about stuff. that and the fact that thinking about it bugs me

[Abo Bob]

Did the cop show any interest in the 4wd? Did you get him to take a note of it? If you pointed it out to him but he didn't get your story until too late then he should still have made a note of it in his little black book which would definitely help as evidence if not that the 4wd did anything then at least that it existed.

If the cop is not there tomorrow tell them you want them to adjourn it so that he can be there so you can ask him questions. He would definitely be a help if he was to say that you were ajitated and pointing at the 4wd, and that you cooperated with him.

Make it clear to the Magistrate that you have every faith in the law and tell the truth.

Oh and good luck, it seems to me that you've got a 50% chance of drawing a reasonable Magistrate.

[Abo Bob]

Oh and if your Magistrate acts like a complete prick to the people before you adjourn adjourn adjourn.

Tell them you've only just recieved legal advice (have a name of a solicitors firm handy) but you were too late to get them there so they told you to adjourn it.

You really should get a lawyer to avoid the license loss part (not the loss of money part ha ha). PM me if you need a hand.

[Brody]

Ok...I don't think ure situation is ideal. But heres a few points...(Im currently [READ FKN STILL]) suing the taxi driver that sideswiped me so ive been in court a fair bit).

A. Don't bring up the fact that its an 'import' or 'performance' car. From everyones point of view in the room, its an "automobile"

B. You "need" (I can't stress this enough) letters (yes, the more the better) of reference, to demonstraight that you are a logical, cool headed kinda guy and that hooning is not part of your character. I'd suggest dressing in the utmost professional sense.

C. I *think* tomorrow will be a 5 sec appearence for you, they'll ask if u wish to fight it, if so, they'll organise for the cop to come down to the next session (usually 5-6months i think, probably depends where it happened etc as well).

D. Organise a solictor for your best bet (you should be able to claim costs if you win). I say this not for the point of "you dont know the law", though for the point that they'll argue, why you sit there all nice and humble. You're going to need to get in the proscutors face (its their job to bend you over everyway right?), so having someone do this on your behalf will give you the most chance.

Thats all that comes to mind right now

[Messiah]

Did the cop show any interest in the 4wd?  Did you get him to take a note of it?  If you pointed it out to him but he didn't get your story until too late then he should still have made a note of it in his little black book which would definitely help as evidence if not that the 4wd did anything then at least that it existed.

Yeah on the statement i got in the mail (only arrived yesterday mind you) who does mention it. Although he explains my explanation as "Was being tailed by the 4wd and accellerated to create a gap" I plan on clarifying that to "Saw the 4wd approach at high speed and when no sign on overtaking or slowing down was seen felt threatened and tried to get away" or something similar. i should prolly point out thatg this road goes through bushland with no space to pull over on the road (and off the road is scrub and brush). I'm pondering mention that my EX g/f died not 10 mins from there just a year or so ago and she drtove like a granny, to add to my "i wouldnt normally be doing that" case, but i'm not so sure.

[Messiah]

C. I *think* tomorrow will be a 5 sec appearence for you, they'll ask if u wish to fight it, if so, they'll organise for the cop to come down to the next session (usually 5-6months i think, probably depends where it happened etc as well).

I dont plan on fighting it so much as asking for leniency. I am quite happily willing to admit that i was speeding, i'm just hoping i can get the point across that it was under duress, and that under normal curcumstances it wouldnt have occured.

[Merli]

I'm pondering mention that my EX g/f died not 10 mins from there just a year or so ago and she drtove like a granny, to add to my "i wouldnt normally be doing that" case, but i'm not so sure.

Don't mention that.

Instead hammer in the duress aspect and mention the fact that a well known magazine editor was carjacked in his same model automobile, as well as several others on an online community that you frequent...

[Messiah]

Don't mention that.

Instead hammer in the duress aspect and mention the fact that a well known magazine editor was carjacked in his same model automobile, as well as several others on an online community that you frequent...

Ok i wont.

Yah i was thinking about mentioning that kind of stuff aswell. I mean i have heard alot of tales about it and i am kinda paranoid (even more so now). I even go home via a different route everyday.

My biggest fear is sounding like i'm making excuses for myself instead of stateing valid reasons.

[DaiOni]

"seems to me that you've got a 50% chance"

I'd say you have about 10% chance - it's unfortunate, but you have no way of proving your side of the story.

Your chances can be improved by two things:

1. Luck - some magistrates may be swayed. Many have heard it all before - and will simply take a logical course - defendant cannot prove case, law broken, prosecute accordingly.

2. Character references - get as many as you can - and good ones. Look good on the day - wear a suit. Be honest - speak clearly - maintain eye contact.

Sorry the odds are so crap - but that's life. Good luck and let us know how you go.

[Messiah]

Bump, i want more feedback.... oh and the last reply to be a positive one so i dont stress too much tonight (hey i can lie to myself until i get there cant i?).

[GTRgeoff]

What you MUST push is the self defence case. They then have to prove that was not what the excessive speed was for.

A former VicPol officer and safety advisor was fined for speeding on his m/bike (camera) and claimed he accelerated to miss a ute that was pulling out and would not have been able to stop, hence the extra speed, and slowed straight away afterward. The magistrate was fuming that VicPol continued to prosecute but precedence is set for speed cameras/red light cameras and traffic up your ass and preservation of life.

Ask a lawyer for help. You should have sent a letter asking for the fine to be dropped on the self defence grounds AND the police should have detained the 4WD driver for questioning due to dangerous driving and suspected car jacking.

I will stress again this was self defence and you must make this clear to the Magistrate.

[Messiah]

Geoff,

I love you man! Ok i'm not fooling myself any (thinking that i will walk with no worries). But hearing a story of similar cause is always a comfort.

I have to admit i have lost no end of sleep for this.... the money i'm not too fussed about... the suspension has me tense.

[Messiah]

oh and did i mention i found out that i bent my front left control arm as a result of going over some of the big lumps in that road. heh thats another reason i wouldnt speed on the roads out where i live.... they're crap

[red900ss]

As skylinegeoff said, you had a situation of perceived danger. That is you felt the 4WD was threatening you. Tell the court just what you put in your first post. Even better have it written down and read directly from it. Explain that you informed the officer that pulled you over of the 4WD and that is why it is mentione dbriefly in his statement.

The thing you have to decide tomorrow is as Abo Bob said, adjourn or go through with it.

Either way, get a haircut, shave, wear a suit and polish your shoes!!! (This DOES make a difference)

I reckon you have a fair crack if you get a decent magistrate.

Good luck!

[mx83toy]

let us know how you go.... i'll have to agree that u don't directly describe the machine but make refernce to the hijacked one.... play down the skyline as much as possible (I told the judge i had a cressida and started describing what a decent car it was you should of seen my face when she said she knew what it was as she once had one:) i just left out a few things about it;))....mention the no fines bit as well!!! this plays well but like said above... if the judge is not being nice get the hell out...

the case before mine a cop was trying to prove the defendant done a burnout and stated "smoke came from the rear tyres" the dewd was driving a 16v FWD corolla clasic!!!

[Merli]

My biggest fear is sounding like i'm making excuses for myself instead of stateing valid reasons.

Yeah, that is something to avoid. Say things like:

"I fully realise that I was speeding, and I'm not contesting that, I'm pleading extenuating circumstances, in that...."

and if the road was bad as you said:

"Your worship (GET HIS TITLE RIGHT!!! Listed to what the lawyers/prosecutors before you address him/her as!!!!), I'm not sure if you are familiar with that road, but I am, having travelled along there everyday/regularly for the past x years. It isn't in good condition, and under NO OTHER circumstances would I EVER IMAGINE to exceed the speed limit there."

Anyway... You're probably asleep by now. Good luck.