View Full Version : Accident - losing licence?
rok-the-boat
16th December 2006, 16:53
One of my wife's friends had an accident in her car - it was just a minor accident but her kid somehow factured his arm. She got a big fine, and now, they have told her she will lose her licence for 6 months. Talk about a lack of sympathy. Is that steep or what? It would never be so in the UK.
So, I am wondering, if I fell off my bike in NZ and hurt myself, would the cops fine and ban me? In such a case, maybe I should tell them I just parked it on its side and that my limp is an old injury ... then quietly go to hospital and say I fell downstairs.
WINJA
16th December 2006, 17:16
Sounds Like Half The Story Is Missing
sunhuntin
16th December 2006, 17:18
i got hit by a car that ran a stop sign. she did not get charged, and the letter sounded like i was nearly charged as i was going a little over the speed limit. so yeh...trick is not to fall off.
RantyDave
16th December 2006, 17:23
So, I am wondering, if I fell off my bike in NZ and hurt myself, would the cops fine and ban me?
Quite probably, yes. You'd probably be done for some description of riding without due care and attention, probably a speed related arse kicking if they were able to prove it, if you were outside license restrictions at the time you'd get done for that and if drunk they'd throw the book at you.
I imagine they'd be at least polite enough to wait until you regained consciousness but at the same time would almost certainly like to get the paperwork settled while you were still in hospital.
So, ummm, yes. Basically. The law would still apply and if this took you outside your points allocation then you'd get banned.
Dave
Mom
16th December 2006, 17:24
Yes indeedy you can be charged in a single vehicle accident if plod decide that you have been reckless/careless, even if there are no injuries.......:yes:
M1CRO
16th December 2006, 17:33
Careless Use causing injury seems to be what she may have been charged with.
Careless or inconsiderate driving causing injury to or the death of another person [sect 38] Imprisonment for up to 3 months, or a fine not exceeding $4,500, or both, and disqualification for at least 6 months
You cannot be charged with this offence for injuring yourself
vamr
16th December 2006, 17:40
Talk about a lack of sympathy.
I'd say there is plenty of sympathy for the injured kid.
Mom
16th December 2006, 17:45
Careless Use causing injury seems to be what she may have been charged with.
Careless or inconsiderate driving causing injury to or the death of another person [sect 38] Imprisonment for up to 3 months, or a fine not exceeding $4,500, or both, and disqualification for at least 6 months
You cannot be charged with this offence for injuring yourself
Hey M1CRO, that kind of surprised me cos my big girl got a careless conviction with the resulting fine etc, for losing control in her car and taking out some armco as she left the road, fortunately not badly hurt, ambulance in attendance but she walked away basically......that has caused so much trouble for her since in regard to insurance and the like......maybe I will ask the questions........hmmmmmm was a couple of years ago now tho, prob too late.very interesting...
M1CRO
16th December 2006, 17:48
Hey M1CRO, that kind of surprised me cos my big girl got a careless conviction with the resulting fine etc, for losing control in her car and taking out some armco as she left the road, fortunately not badly hurt, ambulance in attendance but she walked away basically......that has caused so much trouble for her since in regard to insurance and the like......maybe I will ask the questions........hmmmmmm was a couple of years ago now tho, prob too late.very interesting...
Sorry, it may have been confusing... "Careless Use" and "Careless Use causing injury" are two seperate and distinct offences with different penalties :yes:
You cannot be charged with "Careless Use causing injury" to yourself
Hope that makes sense now :)
lb99
16th December 2006, 17:52
I imagine they'd be at least polite enough to wait until you regained consciousness but at the same time would almost certainly like to get the paperwork settled while you were still in hospital.
Dave
yeah right, I got hit by some dick who turned right infont of me with out looking, the first thing the first cop on the scene did was give me a ticket for no rego, while I was being loaded into an ambulance, even before he had established who caused what, or even spoken to the other driver. as soon as he stopped his car he went and checked out the plate on my bike. Even the witnesses were having a go at him
grego
16th December 2006, 17:55
There are countries in europe where one gets fined virtually regardless of circumstances.
The phrasing sounded something like:"""Failing to keep control of a motorvehicle""""
So, even if you have a minor accident by yourself, or are involved in an accident but it is not your fault at all, you will still get a fine for failing to keep proper control of your vehicle.
That'll teach ye ---you were there--so you must have done something wrong !!!!!
how's that ???
Grumpy Gnomb
16th December 2006, 18:33
Agree they would probably charge you for the off, what a great place we live in
TLDV8
16th December 2006, 18:39
One of my wife's friends had an accident in her car - it was just a minor accident but her kid Somehow factured his arm. She got a big fine, and now, they have told her she will lose her licence for 6 months.
I would think it has something to do with somehow unless the fairies fractured it.
Losing your license for six months would take something fairly serious,surely.
Heal up quick kid.
RantyDave
16th December 2006, 18:43
I got hit by some dick who turned right infont of me with out looking, the first thing the first cop on the scene did was give me a ticket for no rego, while I was being loaded into an ambulance
Well, that'll be a cop behaving like an arsehole then, won't it?
Dave
Mom
16th December 2006, 18:58
Sorry, it may have been confusing... "Careless Use" and "Careless Use causing injury" are two seperate and distinct offences with different penalties :yes:
You cannot be charged with "Careless Use causing injury" to yourself
Hope that makes sense now :)
Yep.........perfectly.........sigh.....:yes:
just wish she had not been so ummmmm out of control, on a notorious corner, in the wet, with little experience.........guess she has it now eh?
jonbuoy
16th December 2006, 19:12
I took myself out a few years ago, good cop came to see me in hospital saw the state of me and said he could do me for careless but wasn't going to. So yeah you can be done even if no-one else was involved.
Firefight
16th December 2006, 19:19
the rider in this story was prosecuted when he recovered, charged with dangerous, but reduced to carless for a gulity plea.
http://www.kiwibiker.co.nz/forums/showthread.php?t=20720
F/F
lb99
16th December 2006, 21:12
Well, that'll be a cop behaving like an arsehole then, won't it?
Dave
yeah, I guess so, and I have to admit most of them are pretty fair. You'd think he might have wondered why the bike was parked through the right rear door of a honda accord though.
I never got paid either, the guy was a recividist disqualified driver who got sent to jail when he finally turned up to court, because of that the judge ordered no reperations because there was no way he could have paid. I could have pursued it civally, but whos got the money to do that.
On the bright side, I have been an insurance freak ever since.
Theres been the odd time I have gotton too loose and needed an ambo ride, and the cops have usually been really fair. I could have been nailed for careless/dangerous/reckless plenty of times
McJim
16th December 2006, 21:34
That's a bit bizarre - I got knocked off my bike and badly smacked my knee by someone running a red light and the police WOULDN'T EVEN TAKE A FUCKEN STATEMENT THE FOLLLOWING DAY....said they were too fucken busy or something. Leg is permanently damaged - I can walk on it but I used to be a triathlete and racing cyclist - might as well sell the pushies and buy a Ducati eh?
Strange country we live in.
Finn
16th December 2006, 21:38
Women shouldn't be allowed to drive anyway. The vote was enough, now look what they're doing to us.
Edbear
16th December 2006, 21:41
I could have been nailed for careless/dangerous/reckless plenty of times
And riding an unregistered bike, too? You're a worry, mate!
Toaster
16th December 2006, 22:00
.
Yep... well this ain't the UK dude. Sounds like she got charged with careless driving causing injury... carries a mandatory 6 month disqualification period. bummer huh..... you can also get jail time if the injuries and circumstances are severe enough.... aka 'aggravating factors'.
Ixion
16th December 2006, 22:07
I see no unfairness with this practice.
A passenger entering a motorcar has the right to expect that the driver will drive in a reasonably safe and prudent fashion. If as a result of the driver's carelessness or negligence , the passenger is injured, it is both proper and logical for the law to hold the driver accountable.
moko
16th December 2006, 23:48
Bit of a sweeping statement saying she wouldn`t have got nicked in the U.K. as you`ve given no details of what she was doing,any previous convictions or much else.Slide the back of your car out on an empty road here at 3 a.m. and get seen by a Cop and you will indeed get nicked for driving without due care e.t.c.She had an accident,there`s no such thing,someone causes these they dont just happen no matter how "minor".Obviously not so minor that the police didn`t bother to get involved,whether they saw it themselves or again it wasn`t so minor that someone didn`t think it worth calling them.
Here also if she`d had an accident where someone was injured she`d be required by law to report it to the Police and not leave the scene,I believe Hospitals are obliged to report any injury caused through criminal action(which leaving the scene of an accident involving personal injury is) so she may have been nabbed that way if it`s the same in N.Z.
Last accident I had,admittedly things have changed a lot since then,the Cops turned a blind eye while the guy who picked me up threatened to rip the head off of the guilty driver,told me"think he`s listening to him a bit closer than he`d listen to us",then they booked him anyway.
rok-the-boat
17th December 2006, 08:30
I took myself out a few years ago, good cop came to see me in hospital saw the state of me and said he could do me for careless but wasn't going to. So yeah you can be done even if no-one else was involved.
This sums up my thoughts. The details of the accident are irrelevant. This does not happen in other countries - I have never heard of such ridiculousness, unless you are doing something totally illegal - like running from the cops. I have seen a few accidents amongst my mates in the UK and the cops never came after them like here - once the insurance is settled, all is OK (unless there is wayward madness involved). Accidents happen, which is why we have the word, 'accident'. Like I said, it seems that if you fall off here, you'd better fake being OK even if you are not. To me, it sounds like another way for NZ plod to collect his taxes.
Sniper
17th December 2006, 08:42
This sums up my thoughts. The details of the accident are irrelevant. This does not happen in other countries - I have never heard of such ridiculousness, unless you are doing something totally illegal - like running from the cops. I have seen a few accidents amongst my mates in the UK and the cops never came after them like here - once the insurance is settled, all is OK (unless there is wayward madness involved). Accidents happen, which is why we have the word, 'accident'. Like I said, it seems that if you fall off here, you'd better fake being OK even if you are not. To me, it sounds like another way for NZ plod to collect his taxes.
Im sorry to be so blunt, but thas a typical wingy English attitude. She fucked up and hurt someone, should she get away with it? What about if it was your kid, would you just say to her, "Oh well, guess you learnt your lesson", or would you want her to make right any way she could? What is it with people thinking that if they fuck up, they shouldnt be punished? Bet she wont bloody do it again will she.
Somehow, this story confirms my theory on the attitude of the English (Not all mind you)
RT527
17th December 2006, 08:46
yeah right, I got hit by some dick who turned right infont of me with out looking, the first thing the first cop on the scene did was give me a ticket for no rego, while I was being loaded into an ambulance, even before he had established who caused what, or even spoken to the other driver. as soon as he stopped his car he went and checked out the plate on my bike. Even the witnesses were having a go at him
Well unfortunatly for you if it wasnt registered then it shouldnt have been on the road , and if it wasnt on the road then there might not have been an accident......But having said that , it`s not that good for police public relations if the cop is going to be that mean about it all, and if ya ask me I`d say hes biased towards bikes...bit like when theres an accident between a truck and another vehicle ,CVIU will arrive and do there darndest to find something wrong with the truck even if you did nothing wrong and the other party is fully responsible.
MSTRS
17th December 2006, 08:54
Somehow, this story confirms my theory on the attitude of the English (Not all mind you)
Oh, and just to set the record straight...they are not forgiven for Culloden.
RT527
17th December 2006, 08:57
yeah, I guess so, and I have to admit most of them are pretty fair. You'd think he might have wondered why the bike was parked through the right rear door of a honda accord though.
I never got paid either, the guy was a recividist disqualified driver who got sent to jail when he finally turned up to court, because of that the judge ordered no reperations because there was no way he could have paid. I could have pursued it civally, but whos got the money to do that.
On the bright side, I have been an insurance freak ever since.
Theres been the odd time I have gotton too loose and needed an ambo ride, and the cops have usually been really fair. I could have been nailed for careless/dangerous/reckless plenty of times
Bloody heck, should have read right through the posts before posting my previous....sounds like neither of you should have been on the road lol.
more so the cage driver than you for a small piece of paper that doesnt change how you drive or the condition of the car.
now I really do think that cop was just being a tax collector and an arsehole.
RT527
17th December 2006, 09:12
Yep... well this ain't the UK dude. Sounds like she got charged with careless driving causing injury... carries a mandatory 6 month disqualification period. bummer huh..... you can also get jail time if the injuries and circumstances are severe enough.... aka 'aggravating factors'.
yeah unless the cops fuck up a blood test and the case gets thrown out!!!!!!!!
Went to a smash on xmas eve a couple of years ago, one of the guys i used to work with was at the work xmas party drinking most of the day , then went to the kopu pub afterwards.
he left around 10 pm and 20 mins later we were responded to a MVA at waitakaruru persons trapped with car on fire, he had struck a bridge abutment , just like on that ad on TV with the 4 guys, he entered the bridge sideways tipping over a 4wd heading for Thames with a family of 4 in it , with all sustaining minor to serious injuries, the car continued over the bridge striking a 2nd car with 3 ppl in it and then hit another car with a women and child of around 18 months old the women was trapped mildly and if it wasnt for some public and residents arriving on the scene then the guy who was drunk and caused it all would have burned to death, the public tipped the car over and put out the fire and kept him under water as he had serious burns to his body. the women was trapped with minor injuries and her child had a broken leg.
all in all it took over 500.000 dollars and probably more towards 1-2 million in total for that accident , as the rescue chopper had to take the burnt victim to middlemore then return for the child and mother too Starship, then return and take some more of the victims from Thames to Waikato
with a couple more going via road to waikato, then you have the recovery in hospital for the more serious injured.
.....And guess what , they stuffed up his blood test and he got off ...bullshit Eh!!!!!.
lb99
17th December 2006, 09:15
And riding an unregistered bike, too? You're a worry, mate!
ermm, thats when I was young and dumb, I could never afford a rego cause I was always paying off fines, stupid huh, I paid like $25pw to the courts for about 8yrs, although I only ever accumulated 80 points so far in my life (curently on 0)
lb99
17th December 2006, 09:23
Well unfortunatly for you if it wasnt registered then it shouldnt have been on the road , and if it wasnt on the road then there might not have been an accident......But having said that , it`s not that good for police public relations if the cop is going to be that mean about it all, and if ya ask me I`d say hes biased towards bikes...bit like when theres an accident between a truck and another vehicle ,CVIU will arrive and do there darndest to find something wrong with the truck even if you did nothing wrong and the other party is fully responsible.
you are right, and I paid the fine, but the way he went about it was a bit stink, like having no rego caused the accident,
sAsLEX
17th December 2006, 09:27
I would think it has something to do with somehow unless the fairies fractured it.
Losing your license for six months would take something fairly serious,surely.
Heal up quick kid.
yeah like 141 on a direction separated 6 lane high way......
Im sorry to be so blunt, but thas a typical wingy English attitude. She fucked up and hurt someone, should she get away with it? What about if it was your kid, would you just say to her, "Oh well, guess you learnt your lesson", or would you want her to make right any way she could? What is it with people thinking that if they fuck up, they shouldnt be punished? Bet she wont bloody do it again will she.
Somehow, this story confirms my theory on the attitude of the English (Not all mind you)
I am sure most would be pretty cut up about injuring a kid in a simple accident, then to have your life fucked because some over zealous cop decides "oh you mustn't of learnt your lesson here's a charge" and you then loose your license for 6 months?
The point I make is look at the guy who killed Liam Ashley, 20 odd and has 89 convictions. Does charging someone make them behave any different? I bloody doubt it.
Most peoples moral convictions affect how they behave rather than punishments inflicted after the incident, like I am sure FF's mate learnt allot from his ordeal along time before the cops decided to charge him, and what did they acheive?! They lowered public opinion of themselves once again.
lb99
17th December 2006, 09:40
Bloody heck, should have read right through the posts before posting my previous....sounds like neither of you should have been on the road lol.
more so the cage driver than you for a small piece of paper that doesnt change how you drive or the condition of the car.
now I really do think that cop was just being a tax collector and an arsehole.
yeah, it was that only that one cop, I have to admit when I spoke to the invesigating officer a few days later, he made it clear they were going to nail the driver to the wall.
youre right about the rego of course, but the in circle I was in that was "normal" no reg, no wof ,usually disqualified, we were rebels who paid lots of fines, and had heaps of fights with the cops, I am glad I am out of it now, I eventually had to move towns, cause I just couldn't clean my act up
I went back a while ago, and some of those guys are still in the same rut, but 10 years older, and still have nothing
ROBMW
17th December 2006, 09:41
read below
ROBMW
17th December 2006, 09:43
[QUOTE=grego;864127]There are countries in europe where one gets fined virtually regardless of circumstances.
The phrasing sounded something like:"""Failing to keep control of a motorvehicle""""
My Brother binned his R1 around a corner approaching a village in the UK doing a little more than the speed limit! He was the only one hurt but a road sign took a beating. The police fined him for reckless riding, or words to that effect. The council charged him for a new sign "......blah blah welcomes careful drivers"! and to top it off he later had to pay the cost for the call out of the ambulance that carted him off to hospital!!
Admit no liability. Maybe the old " a dog ran out in front of me" trick has it's uses to give the cops a laugh for 5 mins!:nono:
slowpoke
17th December 2006, 10:36
.... first thing the first cop on the scene did was give me a ticket for no rego, while I was being loaded into an ambulance, even before he had established who caused what, or even spoken to the other driver. as soon as he stopped his car he went and checked out the plate on my bike.
Doesn't some of your rego supposedly contribute towards the cost of the ambulance?
Maybe if you'd declined said ambulance the rozzer would have declined to issue said ticket? As you chose to use the ambulance it's only fair that he try to recoup a portion of the costs on behalf of those who DID pay their rego and unwittingly subsidised your care.......
lb99
17th December 2006, 10:42
Doesn't some of your rego supposedly contribute towards the cost of the ambulance?
Maybe if you'd declined said ambulance the rozzer would have declined to issue said ticket? .......
I doubt it, anyway I dont have to have a rego to get an ambo ride from my rugby game, or ice hockey,or tiddywinks do I?
I paid my ticket, I learned my lesson.......... eventually
Grahameeboy
17th December 2006, 11:15
Im sorry to be so blunt, but thas a typical wingy English attitude. She fucked up and hurt someone, should she get away with it? What about if it was your kid, would you just say to her, "Oh well, guess you learnt your lesson", or would you want her to make right any way she could? What is it with people thinking that if they fuck up, they shouldnt be punished? Bet she wont bloody do it again will she.
Somehow, this story confirms my theory on the attitude of the English (Not all mind you)
I think you have taken the whinging POM out of context here......yes she had an 'accident' but surely the circumstances and intention need to be factors.....to me careless or dangerous reflects the intent of driver.....I think we need to know more specifics about accident before we judge.
What would the charges have been if the kid had not been injured? If the charges would have been less then this does question the Law......
In the UK if you get stopped for more than 1 offence you only get the points for the highest points offence. Does seem here that the Law is too literal at times.................I think it is worth her defending the charge cause the Police have to proof beyond all reasonable doubt.....stupid thing is that she will be able to get a limited licence anyway cause her kid is injured.
I drive like a Grandad in my car (okay the bike too). I could have a minor bump, say hit someone in rear , my Daughter because of her weakness could easily suffer an injury that an able bodied child would not sustain and potentially I would get charged....
TLDV8
17th December 2006, 11:54
II drive like a Grandad in my car (okay the bike too). I could have a minor bump, say hit someone in rear , my Daughter because of her weakness could easily suffer an injury that an able bodied child would not sustain and potentially I would get charged....
The chances of getting fined when you are doing the speed limit driving in a sensible fashion with your child securely restrained would be almost imposible.?
Strangely..... If a new law was passed where a cop seeing a vehicle with non restrained kids,could pull the vehicle up,shoot the driver in the side of the head with a glock and drive away.
Once it was common knowledge,those arseholes who drive around with no regard for their childrens safety in the form of car seats or seatbelts would not be belting them up for any other reason than their own self preservation not the childs.
*
Somethings will never change,people wanting two sets of rules to suit themselves being one.
Of course this thread is still based on what may or may not have happened.
jonbuoy
17th December 2006, 12:18
Im sorry to be so blunt, but thas a typical wingy English attitude. She fucked up and hurt someone, should she get away with it? What about if it was your kid, would you just say to her, "Oh well, guess you learnt your lesson", or would you want her to make right any way she could? What is it with people thinking that if they fuck up, they shouldnt be punished? Bet she wont bloody do it again will she.
Somehow, this story confirms my theory on the attitude of the English (Not all mind you)
And A typical South African reply.....
Toaster
17th December 2006, 12:24
.....And guess what , they stuffed up his blood test and he got off ...bullshit Eh!!!!!.
I agree, it's ridiculous! I used to be in the job and it wasn't hard to do the drink drive process correctly as long as you were good with paperwork and did things in the right order. I never lost a case for criminal or traffic cases becasue I followed procedure and was careful to collect evidence appropriately.
It's a damn poor showing getting it wrong in the case you mentioned. Half the problem is lawyers making a fortune getting loser pissheads (often repeat offenders) off charges on a stupid procedural technicality - notwithstanding the clear fact that the 'client' was drunk as a skunk and may have killed and hurt others, or cost us taxpayers millions. Typical PC dribble in favour of the badguys and to hell with the public who suffer and want to live life without having to fear which dickhead is going to crash into them next.
Keep up the good work bud. Have a great Christmas.
Sniper
17th December 2006, 14:12
And A typical South African reply.....
Now we are just getting racist
jonbuoy
17th December 2006, 14:44
Now we are just getting racist
Ha you started it!!
Lou Girardin
17th December 2006, 15:44
It always seems strange to me when people are charged for causing a single vehicle accident and only themselves or their family is hurt. It strikes me that that is sufficient penalty in itself. It would also be a far better lesson than any fine or disqualification.
Just to be clear, I am not referring to accidents where there are aggravating factors such as drink involved.
enigma51
17th December 2006, 15:53
I am not referring to accidents where there are aggravating factors such as drink involved.
You forgot the fine print! :bye:
Sniper
17th December 2006, 16:35
Oh, and just to set the record straight...they are not forgiven for Culloden.
I blame the First and Second World Wars. Not a cause mind you, but the after effects. (PT)
Ha you started it!!
Fair enough point, but mine was an honest observation with a semi consealed jibe at another ethnicity, yours was an all out jibe :bleh:
scracha
17th December 2006, 16:54
It would never be so in the UK.
I beg to differ on that. After WW2 a few of the nazi's got into disguise and found jobs as English magistrates.
marty
17th December 2006, 17:29
I took myself out a few years ago, good cop came to see me in hospital saw the state of me and said he could do me for careless but wasn't going to. So yeah you can be done even if no-one else was involved.
yes you can be done for careless driving, but not for careless causing injury.
all dangerous/reckless/careless charges have an extension to dangerous/reckless/careless causing injury. the injury charge has a subsection 'causing death', which is often laid in the absence of a manslaughter charge.
jonbuoy
17th December 2006, 18:01
Fair enough point, but mine was an honest observation with a semi consealed jibe at another ethnicity, yours was an all out jibe :bleh:
Bollocks, yours was a wind up and so was mine!
Mom
17th December 2006, 18:08
Women shouldn't be allowed to drive anyway. The vote was enough, now look what they're doing to us.
:love: :love: :hug: :hug: basically you guys are........:buggerd:
Mom
17th December 2006, 18:13
Half the problem is lawyers making a fortune getting loser pissheads (often repeat offenders) off charges on a stupid procedural technicality - notwithstanding the clear fact that the 'client' was drunk as a skunk and may have killed and hurt others, or cost us taxpayers millions.
Please dont start the Lawyer thang up...........LOL......not sure how some actually lie straight in bed at night to be honest.......:confused:
moko
17th December 2006, 22:40
Oh, and just to set the record straight...they are not forgiven for Culloden.
Culloden`s a great example of facts being twisted to suit,take a look at Battle of Culloden on Wikipedia and have a look at just how many Scots fought for the "English" side.You`ll find a classic case of denial over this inconvienient fact in Scotland,same as you dont tend to find too many Maori bragging about how well their ancestors fought on the British side during the Maori Wars.We can learn a lot from history,not much from selective history.
http://en.wikipedia.org/wiki/Battle_of_Culloden#British_Government_Army
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