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Old 28-02-2008, 10:28 PM   #31
TwistedEL
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If you are indeed a lawyer I sure hope you have someone to write your letters for you!
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Old 28-02-2008, 10:40 PM   #32
Keepleft
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260 XR8 - In what jurisdiction was this experience?
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ORDER FORD AUSTRALIA PART NO: AM6U7J19G329AA. This is a European-UN/AS3790B Spec safety-warning triangle used to give advanced warning to approaching traffic of a vehicle breakdown, or crash scene (to prevent secondary). Stow in the boot area. See your Ford dealer for this $35.95 safety item & when you buy a new Ford, please insist on it! See Page 83, part 4.4.1 http://www.transport.wa.gov.au/media...eSafePart4.pdf
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Old 29-02-2008, 10:56 AM   #33
fmc351
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Quote:
Originally Posted by sleekism
How the hell is that plain black and white????????????

Did you read section 4BB 1) ????????????????

They don't need evidence to impound your vehicle. If a police "reasonably believes" that you have undertaken an illegal activity then they can impound your vehicle.

To me that smells like a big GREY! The cop only has to not like the look of your vehicle: "Why do you have a modified V8 sir? Street racing?" and your done.
"Reasonable" will be defined by case law over time, if it hasnt been already. All laws are grey enough to enable the spirit of the law to be fulfilled. It will not be as you claim.

4BA (1) "Sustained loss of traction" is not an accidental chirp. Gee, revs, exhaust noise will be an indicator of intent. Read 4BA(3)

If youre racing another car, even if only upto the speed limit, you are breaking the law, the fact you dont speed does not defeat the law as its not a speeding offence, its another offence.

None of this is at Police discretion any more so than any other law. The Police charge you courts do not which is the same for any event, you get your day in court if you wish to challenge it. This is being handled in the same manner as any traffic offence currently is.


Yes its true the young get targeted, and for many that is unfair. You only have your peers to blame though, not the police. Police are trained to target likely suspects, more over, they are accustomed to being proven right in those situations more often than not, and your peers tar you with their brush.
Quote:
Originally Posted by KBBossedXR
I did the wrong thing and it wasnt even on the road and my XR8 Ute got impounded last year and i didnt get along well with the Female officer,

...apart from one brain fade in my local Ford Dealership last year and if the Female officer got her way i would have been on the verge of loosing my BA XR8 Ute.
I assume this brain fade is the offence mentioned?

Its not private property, its a place that is frequented by the public. You deserved to be charged if you committed an offence, get over it and if impounding is the penalty, suck it up. If you acted the tool because they wouldnt do something for you that they are not obligated to do, no wonder the judge was unimpressed with you. Again, you got what you deserved in both issues.

Quote:
Originally Posted by KBBossedXR
All the Judge talked about in Court was my behaviour in the Police Station he didnt even mention the Accident. So if she didnt try and lay rediculous chargers i wouldnt have had to go to the police station therefore i wouldnt have ended up in a fight and got arrested.
Yeah, its all her fault, she started it. You sound like youre 5.

You stuffed up, paid the price. You admit to not getting on with the officer, then expect a favour from them, yes it was a favour, they are not obligated to throw a blankie on your seat. Funny about that, Im an a-hole to anyone who gets in my face too. Like youre any different.

Last edited by fmc351; 29-02-2008 at 11:04 AM.
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Old 29-02-2008, 11:32 AM   #34
sleekism
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Quote:
Originally Posted by 260 XR8
Hang on a second here. What we need to consider is why these laws were introduced. They were supposed to stop accidents, because as we all know modified cars cause all the accidents. LETS GET REAL its all about MONEY revenue raising, it stands to reason that if you have a modified car then you must have more money to waste, so they know that they can make a killing by making the law so vague that if their quoter for the night or week or month is down then the copper can charge you for nothing and you can't fight it because it is left to his disgretion.
When did we become such a nazi country, its like the kgb a simple example of how this could go so wrong is this,
A BA GT and a 66 mini 850 sitting at the lights, they take of the GT having heaps more power than the mini gets away alot quicker, and chances are that the guy in the GT has more money so the coppers pull him up and deem him to have accelerated to quickly away from the lights how does he fight this decision, he can't.
As for taking peoples cars and crushing them and maybe leaving them in financial ruin where are there basic civil rights, Australia is fast becoming a dictatorship.
I would much rather my tax paying dollars were spent on the police finding, stopping and solving actual crimes like murders and rapes than this bunch of crap that they call tring to save lives, more accidents happen in family cars than modified cars so how do they justify it, they don't they don't have to.
I was driving with my wife one day in her AU2 I6 now the car does have an exhaust but its not loud when your cruising or when you back off, we came up behind this R33 skyline now I caught him because I was doing the speed limit and at times slightly all be it 5k's over the speed limit. We came to a set of lights where I pulled up behind him at a red light, while sitting at the lights a cop car pulled up in the right hand turning lane, we sat for about another 5-10 seconds after they pulled up the lights changed and we started to move off, I watched the cop car in my rear view mirror as you do to see if he was going to turn as this was his original intention( and because of the noise of the car on acceleration ) much to my gut dropping feeling he pulled out into the straight ahead lane to follow our line of traffic he was about 4-5 cars back, we pulled up a the next set of lights the R33 was first car of the rank and I was second, the cop car came up the inside of us into a turn left or go straight lane, we sat there for all of about 5-10 seconds as we started of the cops put their lights on and pulled in front of me to pull the R33 over. This guy had done nothing wrong his car was not even modified and to make matters worse the guy was about 50-60 years old, I pulled up got out went back to the gentleman in his car to here the cop saying to him that if he didn't want to get pulled over he should have chosen a more elderly friendly car, I then had this same copper ask me what I wanted to which I answered none of his business which then he told me to go then, My answer to that was that I was under the assumtion that this was a free country and that so long as I had pulled over safely( in front of him) then why should I have to go, I then asked the older gentlemen in the car if he was okay, the copper told me to shut up and leave, to which I responded I'm not talking to you and you can't stop me from talking to him , I told the guy that I was a witness to the police harassment that he was being subjected to and would have no problem in going to court if I had to, and gave him my card,the police officer then said haressment how do you get that , my answer, why did you pull him over then, the guy in the car said because of the car that I am driving thats what they told me, and thats exactly what I had heard, the copper then tells me that I heard nothing of the sought and to" off " his words not mine, The guy in the car is looking at my card and starts to read it out loud
My name followed by attorney at law and my phone no.
Well was the copper a bit nicer then.
The point is we cant let our rights be taken away from us so easily, this is haressment, loud exhaust, do you see them booking all the guys on the harley's, they are way louder than any car, no they don't , don't need to be a rocket scientist to know why, don't want to bite of more than they can chew.
Make no mistake this is haressment this is a gross injustice and a direct attack at your civil rights.
I don't condone street racing or burn outs but the law as it stands leaves you with no rights at all and you don't need to be doing the above to get booked ( think the car looks good or racey impound it, no prove needed GASTAPO).
Nice!

I have been told to leave town on more than one occasion by coppers. A lot of the time they try and get you to admit to something you haven't done but if you say you don't know what they are talking about they get peeved.

It annoys me because I hate getting pulled over all the time just because I have a Ford with a few mods. Half the time I am on my way to and from work which is annoying because they make me late for work or getting home to the mrs.

I think it simply down to statistics because "apparently" the three biggest "hoon" cars are Holden Commodores, Ford Falcons and Nissan Skyline/Silvia.

This is absolute bull because on a friday night the people I see around trying to "drift" are in FWD pussbox Lancers and Corollas but then the copper sees a Falcadore and suddenly get tunnel vision. Most people I know with highly modified Falcadores don't do anything stupid in them because they afraid of destroying their ridiculously expensive tyres.

I would like to see the coppers take all the fast and the furious neon with fart cannon Lancer and Excel wheeze boxes off the road but it seems the Falcadore community seem to be taking the brunt of it.
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Old 29-02-2008, 08:09 PM   #35
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Ok to the picky whinger Twisted EL, I wasn't aware that everything had to be perfect for you sorry ( get a life ).
This incident occurred in QLD.
So FMC351 since you sound like one of QLD'S finest, if I was to have a car with a stally in it which would rev higher to get it of the line and I don't spin my wheels but the car is revving higher than normally would be thought, this gives the boys in blue a reason to pull me over and book me and impound my car on intent, yep sounds like b.s to me.You don't stand a chance in court because if it was just you in the car, most times now there are two officers and in court its their word against yours,and your the crazy car hoon you have no chance.
How quickly someone gets to the speed limit, so long as they are not spinning the wheels or racing someone else,all comes down to the car as much as the driver, some cars get away quicker than others what is deemed reasonable will differ from person to person and driver to driver and car to car.
I find it very disturbing that for a killer they need evidence, for a bugular they need evidence, for a drug dealer they need evidence but for a hoon intent is enough what ever happened to innocent until PROVEN guilty.
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Old 29-02-2008, 08:20 PM   #36
fmc351
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Quote:
Originally Posted by 260 XR8
Ok to the picky whinger Twisted EL, I wasn't aware that everything had to be perfect for you sorry ( get a life ).
This incident occurred in QLD.
So FMC351 since you sound like one of QLD'S finest, if I was to have a car with a stally in it which would rev higher to get it of the line and I don't spin my wheels but the car is revving higher than normally would be thought, this gives the boys in blue a reason to pull me over and book me and impound my car on intent, yep sounds like b.s to me.You don't stand a chance in court because if it was just you in the car, most times now there are two officers and in court its their word against yours,and your the crazy car hoon you have no chance.
How quickly someone gets to the speed limit, so long as they are not spinning the wheels or racing someone else,all comes down to the car as much as the driver, some cars get away quicker than others what is deemed reasonable will differ from person to person and driver to driver and car to car.
I find it very disturbing that for a killer they need evidence, for a bugular they need evidence, for a drug dealer they need evidence but for a hoon intent is enough what ever happened to innocent until PROVEN guilty.
Its you that has no chance, your skills of comprehension and reason would hang you.

1.) You get your day in court, evidence is provided even if thats the witness testimony of officers. Witnesses are evidence. Oh wait thats right, all coppers are out to get you.

2.) These matters are handled evidentially in the same manner as any other traffic offence now.

3.) You state a stally and no wheel spin. Ummm, theres no "sustained loss of traction". Excessive revs etc along with sustained loss of traction do not imply intent, they reveal it clearly. If there is no intent and ALL the above occur then there is something else at play that is also reason to look at your suitability to drive or the vehicles state of roadworthiness.

4.) Its not fast acceleration, its the act of racing which is associated with said fast acceleration.

Last edited by fmc351; 29-02-2008 at 08:26 PM.
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