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The Pub For General Automotive Related Talk |
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#31 | |||
FF.Com.Au Hardcore
Join Date: Feb 2010
Location: Sun City, North Australis
Posts: 4,274
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Quote:
Oh do tell... it goes on your perminant record does it? for ever? Not all drink driving offences are criminal offences. Its not cut and dry. You can be found guilty of drink driving and have NO conviction recorded.
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You've seen it, you've heard it and your still asking questions?? Don't write off the Goose until you see the box going into the hole.... |
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#32 | |||
FF.Com.Au Hardcore
Join Date: Jun 2009
Posts: 18,985
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#33 | |||
let it burn
Join Date: Feb 2006
Location: QUEENSLANDER!!!!!
Posts: 2,866
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Quote:
Its not blaming someone else, that would imply the driver was not responsible as you've made out in your post. Its holding them all responsible. It doesnt lessen the drivers position, that remains the same, it just adds the other cohorts as well. There will be no penalty to a passenger in a car traveling at 105 in a 90 zone. There might be to a passenger egging on a driver to race or do donuts in an intersection. Given the way some passengers behave towards police Im surprised they havent always been using the existing law to dish a little back at them. Just like speed cameras taking away your hard earned money, its always someone elses fault including those that fully warn you that they will do it. Yeah yeah, people cant be expected to watch the speedo and the road, its all too hard. ![]() Last edited by geckoGT; 07-10-2011 at 11:16 AM. Reason: Quoting from another unrelated thread to get a reaction is argumentative. |
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#34 | |||
FF.Com.Au Hardcore
Join Date: Feb 2011
Location: On The Footplate.
Posts: 5,086
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#35 | |||
Regular Member
Join Date: Jun 2011
Location: NSW
Posts: 161
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Quote:
Bush lawyers... Gotta love them... ![]()
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2005 BAII XR8 ute - 6sp manual.
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#36 | ||
FF.Com.Au Hardcore
Join Date: Feb 2011
Location: by the beach
Posts: 1,982
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i think they are talking about driving under the influence.eg:-legless not p.c.a.eg:-over.05.two different offences you can be under the limit and still be legless we all know a one pot wonder im sure!
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#37 | ||
Regular Member
Join Date: Jun 2011
Location: NSW
Posts: 161
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I didn't see the TT show, but aid and abet PCA has been in for a long time. But it's used when the owner of the car knowingly let's a drunk person drive the vehicle. The owner does not have to be in the car, but it has to be proven that they knew the person was drunk and still gave them the keys and let them drive off. Passengers being held responsible for speeding etc I can't see that being policed or prosecuted effectively... How are they responsible when they don't have any control of the vehicle?
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2005 BAII XR8 ute - 6sp manual.
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#38 | ||
FF.Com.Au Hardcore
Join Date: Jan 2007
Location: Port Lincoln, SA
Posts: 5,126
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a few years ago a mate of mine did a fruit ball out my car window while i was driving. I copped a fine and loss of demerit points - in SA
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cheers Shaun Current SY FPV F6X Territory #214 Previous FG MkII G6E Turbo built by Heinrichs Performance and Tuning BFII FPV TORNADO #0021 351rwkw - Heinrich Performance and Tuning "Milk is for babies. When you grow up you have to drink beer" - Arnold Schwarzenegger |
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#39 | |||
With da Warlords
Join Date: May 2006
Location: Orange NSW
Posts: 1,781
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Quote:
Hmmm, A section 10, is a dismissal of charges. It is recorded on file (record) but there is NO conviction. The expression “section10” refers to section 10 of the Crimes (Sentencing Procedure) Act 1999. This section allows a Court that finds you guilty of an offence, to discharge you without recording a conviction. Because there is no conviction, there is no criminal record. Additionally, there is no loss of drivers license and no other penalty. Bush lawyers ey.... get it right ![]()
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You don't have to be faster than the bear, you just have to be faster than the slowest guy running from the bear. For Sale: Parachute. Only used once, never opened, small stain. Windsor Warlords AU III XR-8220 ![]() ![]() XR50T Ute - 300rwkw (give or take depending on the day)
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#40 | ||
Regular Member
Join Date: Jun 2011
Location: NSW
Posts: 161
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[QUOTE=james22]Hmmm,
A section 10, is a dismissal of charges. It is recorded on file (record) but there is NO conviction. The expression “section10” refers to section 10 of the Crimes (Sentencing Procedure) Act 1999. This section allows a Court that finds you guilty of an offence, to discharge you without recording a conviction. Because there is no conviction, there is no criminal record. Additionally, there is no loss of drivers license and no other penalty. Bush lawyers ey.... get it right ![]() If you want to nit pick, it also depends on what subsection under the s10 the court uses. Some dismiss the charges others record a conviction but no penalty. Either way it's recorded on your history that you were charged with the offense and that you received the s10. they don't just disappear, other wise how would the court know your past history?
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2005 BAII XR8 ute - 6sp manual.
Last edited by BAXR8_Ute; 07-10-2011 at 12:30 PM. |
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#41 | ||
FF.Com.Au Hardcore
Join Date: Feb 2011
Location: On The Footplate.
Posts: 5,086
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I think this was merely a "heads up" that they had "re-discovered", as it were, that this law could be used to "crack down on motorists" as the copper said. They've always had the law sitting there, but now they're going to start using it, because some head honcho sitting in an office who has to make his figures look good suddenly had the 5 watt bulb over his head go on...
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#42 | ||
FF.Com.Au Hardcore
Join Date: Jul 2010
Posts: 1,021
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in WA drink driving does not become a criminal offence (as opposed to a traffic offence) until you are excess 0.15 (DUI). all below is a traffic offence and NOT a criminal offence. The easy way of telling this is get a police clearance, the lower blood alcohol related offences are not recorded, a DUI will be.
It is the same as speeding, careless and dangerous driving are not criminal offences however reckless driving is. |
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#43 | |||
FF.Com.Au Hardcore
Join Date: Dec 2004
Posts: 12,077
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Quote:
It would be like, for example, local government employees being charged with criminal offences if an elected councillor is found to be corrupt or incompetent. Is that what you mean? |
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#44 | |||
let it burn
Join Date: Feb 2006
Location: QUEENSLANDER!!!!!
Posts: 2,866
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Quote:
Is a customer at a bank aiding and abetting by failing to stop an armed robber? No. But if he is keeping watch or in some way voluntarily involved, then yes they are involved in the illegal activity. Unless a gun is held to their head. Why shouldnt they face charges too? Or are we going to go off on some belligerent conspiracy the government is taking us into dictatorship nonsense? Its not the 4 horses of the apocalypse, its not a sign. Or is it traffic laws are all minor and silly laws and therefore no-one should face legal action as a result of fun in a vehicle? |
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#45 | |||
IWCMOGTVM Club Supporter
Join Date: Sep 2005
Location: Northern Suburbs Melbourne
Posts: 17,798
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Quote:
They're were calling for help!!! Or so their excuse will be.
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Daniel |
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#46 | |||
BF Ute...
Join Date: Jul 2005
Posts: 1,351
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Quote:
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#47 | ||
BF Ute...
Join Date: Jul 2005
Posts: 1,351
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Think this is all a beat up and in the quote on the first page was only aimed at drink driving offences. Nothing was said about speeding or any other specific offence.
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#48 | |||
Awesome
Join Date: Oct 2007
Location: In my own little world..Everyone here knows me :)
Posts: 9,401
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The quote on the first page that I posted was only a part of the story. When you click on the link the first line you see of the story is this:
Quote:
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#49 | ||
Banned
Join Date: Dec 2007
Posts: 3,290
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I fail to see the problems with this there not gonna go book the pub owner because some retard drove home drunk but if your in the car then tough **** to u
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#50 | ||
Thailand Specials
Join Date: Aug 2009
Location: Centrefold Lounge
Posts: 49,028
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111 year old law?
Holy crap boys get your shovel and miners hats out! |
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#51 | |||
FF.Com.Au Hardcore
Join Date: Jun 2009
Posts: 18,985
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Quote:
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#52 | |||
FF.Com.Au Hardcore
Join Date: Jun 2009
Posts: 18,985
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Quote:
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#53 | ||
Giddy up.
Join Date: Dec 2004
Location: Kramerica Industries.
Posts: 15,633
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What sort of vehicle would one be a passenger in if this law was around 111 yrs ago ?.
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#54 | ||||
Ich bin ein auslander
Join Date: May 2005
Location: Loving the Endorphine Machine
Posts: 7,453
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Quote:
Quote:
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Growing old is compulsory, growing up is optional! |
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#55 | ||
Awesome
Join Date: Oct 2007
Location: In my own little world..Everyone here knows me :)
Posts: 9,401
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geckoGT..what's the second quote got to do with the thread? Did you make a boo boo?
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#56 | |||
let it burn
Join Date: Feb 2006
Location: QUEENSLANDER!!!!!
Posts: 2,866
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Quote:
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#57 | |||
FF.Com.Au Hardcore
Join Date: Jun 2009
Posts: 18,985
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#58 | ||
Starter Motor
Join Date: Jul 2011
Location: Mackay QLD
Posts: 10
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i was to believe the guilty by association was for the anti bikie law where if you liaison with or where mates with bikies you where a part of there going on's
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#59 | |||
FF.Com.Au Hardcore
Join Date: Apr 2007
Posts: 601
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#60 | |||
moderator ford coupe club
Join Date: Jun 2007
Posts: 6,640
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