Legal advice???

[gamgee]

Alright heres the story, we were at a party last night, couple of us got a bit drunker than meant to (not me) anyway phoned a friend to come pick us up, we all pilled in, and on the way home, got pulled up by a mufti, now the stupid thing was, the driver was only on his restricted, which none of us knew and the guy in the front didn't have his full licence, but there was me and one other guy in the back that were sober and had our full licence for over 2 years, the cop was an arrogant bitch and wouldn't let us get a word in, it was basically bend over and take it material, anyway i've been told we can write in to contest the ticket, and just wondering how i should word it, and what sort of information we should include etc. obviously it has to be formal which i have no problem with doing, just wondering what your thoughts are?

[Devil]

Well, I dont have any advice but I do sympathise with your dealings with a female cop. I've never had anything but attitude from them. I'd choose to deal with a male any time.

[gamgee]

bumpbumpbump

[justsomeguy]

Look up Citizens Advice Bureau in the phone book and find the nearest one to you. They can give you relevant general advice and set up a free 15-20 minute appointment with a lawyer if you need it.

They are a govt. organisation.

[spudchucka]

You don't really have any grounds to contest it. The driver was on a 1R and the nearest fully licenced person was in the back seat. The rules say that person must be seated next to the driver.

Sorry but I don't fancy your chances.

PS: also sorry that the fem-cop was a bitch.

[jimbo600]

Something about a hard arse woman cop really gets me going.

Are you a dog handler now Spud? (going by the avatar)

[texmo]

A friend of mine from school was in the exact same boat as you he didnt get off he ended up paying an extra $150 for court costs and an extra $400 for after hours, as the cop only ticketed him for the passengers, if there was five of ya's you should all just chuck him $80 each or something...

[gamgee]

yeah thats what we are probably going to have to do

[SuperDave]

Try the letter first I would say but I wouldn't bother going to court to contest it. If you each chip in $80 it aint too bad. Think about what you would pay for a taxi home if only you were in it - can easily be $40.

[scumdog]

Deal with this HEAPS, it's up to the driver to deal with it, HE (or she) should know the consequences if caught - regardless of how 'honourable' their efforts were in taking drunks home.
Why the hell did they not say "any of you guys got a full licence? I've only got a restricted and don't want a ticket for breaching the conditions" or something like that.

BTW there is a 25 point demerit goes with breach of licence tockets.

Sorry if the cop was a bit of a bitch, I can do the same job without being one. (well Biff might tell you different.)

Dig into your pockets and help the driver out - and NEXT time ask the driver if you don't know about them - hell they could be disqualified/forbidden to drive in which case if you get stopped the car is impounded on the spot, now wouldn't that be inconvenient???? :argh:

[EZAS]

BS you don't have to pay sh*t. Contest it. State that there were two of you in the car with full liscences but were helping to maintain a stupor youth in the back, who had actually wanted to drive home the night. Luckily you had managed to placate the drunken person and your sober friend was doing the right thing by driving this person home. They would have had you in the front had it not had the need to calm an aggresive drunk youth in the back.

Although it makes one of you look like an idiot who wanted to drink drive, it will help. You do not need to take this to court to add on an extra $180 odd court costs, but you can write in to the branch in Wellington, the address is on the back of the infringment.

[scumdog]

BS you don't have to pay sh*t. Contest it. State that there were two of you in the car with full liscences but were helping to maintain a stupor youth in the back, who had actually wanted to drive home the night. Luckily you had managed to placate the drunken person and your sober friend was doing the right thing by driving this person home. They would have had you in the front had it not had the need to calm an aggresive drunk youth in the back.

Although it makes one of you look like an idiot who wanted to drink drive, it will help. You do not need to take this to court to add on an extra $180 odd court costs, but you can write in to the branch in Wellington, the address is on the back of the infringment.

Woohoo, another 'back-yard lawyer' that wants people to lie (or another troll?).
It won't work.
Court costs are $130 last time I looked, not $180.
And if as I said it won't work who is going to pay for the extra court costs if it went to court? the passengers again?

[gamgee]

BS you don't have to pay sh*t. Contest it. State that there were two of you in the car with full liscences but were helping to maintain a stupor youth in the back, who had actually wanted to drive home the night. Luckily you had managed to placate the drunken person and your sober friend was doing the right thing by driving this person home. They would have had you in the front had it not had the need to calm an aggresive drunk youth in the back.

Although it makes one of you look like an idiot who wanted to drink drive, it will help. You do not need to take this to court to add on an extra $180 odd court costs, but you can write in to the branch in Wellington, the address is on the back of the infringment.

that is pretty much the case of what happened me and the other sober guy were in the back trying to shut the stupid drunk up, he was going to abuse the cop but we managed to shut him up before she came to the car

[Oakie]

Well, I dont have any advice but I do sympathise with your dealings with a female cop. I've never had anything but attitude from them. I'd choose to deal with a male any time.

I don't think 'attitude' is gender-specific. I've had a real mixture with the gentleman cops I've dealt with and even some individual cops have been fine on one occasion and then shitty the next time 'round. (It's probably in relation to how naughty I was I guess :whistle: ). The only time I ever dealt with a female cop she let me off with a warning for doing 75 kph in a 50 kph zone. Of course I was as polite as hell and turned on my endless charm.....

[texmo]

Well I just got an ear full from a female cop tonight in town a street cleaner was coming towards me and I moved but according to her not fast enough gave me an ear full as they do, then proceded to wake all the hobos up that were asleep in the doorways/cove to the shops just below Imax.

[spudchucka]

Something about a hard arse woman cop really gets me going.

Are you a dog handler now Spud? (going by the avatar)
No. But I do have a large dog like the picture, I just like the way he blinks his eyes and tilts his head because its just what my fella does too.

[spudchucka]

BS you don't have to pay sh*t. Contest it. State that there were two of you in the car with full liscences but were helping to maintain a stupor youth in the back, who had actually wanted to drive home the night. Luckily you had managed to placate the drunken person and your sober friend was doing the right thing by driving this person home. They would have had you in the front had it not had the need to calm an aggresive drunk youth in the back.

Although it makes one of you look like an idiot who wanted to drink drive, it will help. You do not need to take this to court to add on an extra $180 odd court costs, but you can write in to the branch in Wellington, the address is on the back of the infringment.
Responsibility rests with the driver. Tell whatever lies you want to if you think that will help. Try to remember though that cops and judges have heard pretty much every lie and excuse possible. It won't make any difference to the outcome.

[gamgee]

which is friggen rediculous, i hate our stupid road laws, i mean the fully licensed drivers were sitting what maybe a meter from where they should have been so it costs us $400 fuck the police (except the bikie ones cos they're cool :spudwave:)

[scumdog]

which is friggen rediculous, i hate our stupid road laws, i mean the fully licensed drivers were sitting what maybe a meter from where they should have been so it costs us $400 fuck the police (except the bikie ones cos they're cool :spudwave:)

Thing is, (a)the driver KNEW the risk.
(b)the full licence guy is deemed to be a 'supervisor' if the 'R' driver wants to avoid a ticket, ergo full licenced guy has to be BESIDE the driver AND sober. (or he could be facing charges if drunk).

Next time this kind of situation occurs have a quick discussion on the best way to avoid a repeat, - i.e. get a full licenced sober driver.

Not saying this in your case but so often the 'R' licence guy has for months been carrying passengers/driving around late at night etc and it's only a matter of time before they get a ticket.
I warn them at least once (as do a lot of my mates so there is a good chance they've been warned 3-4 times) but they still do it.

You sign up for your 'L' and 'R' licence and know the rules.

BTW I hate stupid road laws too. (but don't let me EVER catch you not wearing your seatbelt).

[justsomeguy]

Since the rules are pretty clear, it seems the only way you will get out of this is if you'll manage to convince the judge/authority figure in charge.

Otherwise the law's the law......:mellow:

Have you tried speaking to free lawyers who deal with this stuff for a living?? There maybe some consolation or solution available there.

[gamgee]

Thing is, (a)the driver KNEW the risk.
(b)the full licence guy is deemed to be a 'supervisor' if the 'R' driver wants to avoid a ticket, ergo full licenced guy has to be BESIDE the driver AND sober. (or he could be facing charges if drunk).

Next time this kind of situation occurs have a quick discussion on the best way to avoid a repeat, - i.e. get a full licenced sober driver.

Not saying this in your case but so often the 'R' licence guy has for months been carrying passengers/driving around late at night etc and it's only a matter of time before they get a ticket.
I warn them at least once (as do a lot of my mates so there is a good chance they've been warned 3-4 times) but they still do it.

You sign up for your 'L' and 'R' licence and know the rules.

BTW I hate stupid road laws too. (but don't let me EVER catch you not wearing your seatbelt).

yeah always wear a belt when i'm in the cage, just automatic with me, jump in, belt on, turn key, drive

[gamgee]

the thing that pisses me off the most is that i've always been so carefull with this sort of thing, like i would never let people who i knew were only on there R licence carry passengers without a full licence driver, i'd either drive or sit in the front, but seeing as this guy was older than me i just assumed he'd have his full licence aarrrgh can see we're just going to end up paying, it was more for him that i was asking advice, i knew we were fucked as soon as i saw the lpg mondeo with the little lights on the back sill pull over up in front of us to let us passed, and no we weren't doing anything to draw attention, not like the idiot in the skyline who as she was pulling us over pulled out of an intersection doing a burn out and fish tailed about 50 meters down the road, but no the sober R driver with a full licensed passenger in the back seat is far more dangerous than that!

[ajturbo]

a while back when i was living in NP..(new plymouth).. we got on the piss, i sorted out the sober driver..(so i thought) and durring the night i was checking that he was only drinking juice etc,


and when it came time to leave i again asked if had been drinking... NO he said...
and sure enough we got stopped..( he was dark)..

first thing the cop said to our driver was . breath into this, (as i expected at 2am)...
HE FUCKN FAILED!!!
i spat the dummy, told the cop to chuck the book at him, then it turns out he didn't even have a licences!!!!

we walked a bit that night.. but i never got on the piss with that crowd again!!!

fuck giving my driver a helping $$$....

[spudchucka]

which is friggen rediculous, i hate our stupid road laws, i mean the fully licensed drivers were sitting what maybe a meter from where they should have been so it costs us $400 fuck the police (except the bikie ones cos they're cool :spudwave:)
The idea of an overseer is that they should sit next to the driver so that they can instruct the driver and take control in an emergency. They can't reasonably do either if they are sitting in the back seat having a dry root with their mates leg.

[gamgee]

haha yeah i didn't really enjoy holding back the friendly mood swinging drunk who was borderline on spewing so yeah but how much can a full licence holder do? grab the handbrake? steering wheel? not a huge amount is there but i do see your point, don't worry it won't be happening again i'll just get a taxi next time