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hXc
15th May 2007, 17:40
I've been a bit of a naughty boy. So just wanting to know, is there demerits involved, and if so, how many?

Won't bore you with the details. Just another case of car not giving way and biker getting in shit for taking (not quite) evasive action - passing and the 4WD swerves, our mirrors connect.

RT527
15th May 2007, 17:43
How come your in the Shite for a Car Failing to Give way???....Me thinks theres more to the story here!

Paul in NZ
15th May 2007, 17:48
Don't know what the penalty is - don't want to know the details BUT the penalty for breaking the laws of physics has always been VERY harsh.

Cars have always not given way on occasion and if you are finding this a regular thing - and since you seem like a decent sort of guy - and since i really don't have time for another funeral perhaps you could have a think about avoiding these situations - sometimes the biker needs to choke it back and survive to fight another day!

Seriously - I don't have an agenda - do what you want but please think about it.

hXc
15th May 2007, 17:53
His story:
Bike passes him and hits his mirror, at a dangerous speed. Bike turns right and continues to be a maniac, dangerous to all around. Car gets plate and pulls over, then complains as a traffic offence.

Mine:
Car fails to give way, then proceeds at a very slow rate of knots. I pass him, giving enough room, but he swerves and our mirrors connect. I turn right and he starts to follow me, semi-tail gating. I don't stop at my planned destination, and continue on to school, because I don't want him to smack me up or whatever.

So stories that don't really match up; me, a 16yo male "hoon on a motorcyclist" and him, a "respected member of the community" - firefighter.

Nasty
15th May 2007, 18:17
Don't know what the penalty is - don't want to know the details BUT the penalty for breaking the laws of physics has always been VERY harsh.

Cars have always not given way on occasion and if you are finding this a regular thing - and since you seem like a decent sort of guy - and since i really don't have time for another funeral perhaps you could have a think about avoiding these situations - sometimes the biker needs to choke it back and survive to fight another day!

Seriously - I don't have an agenda - do what you want but please think about it.

With Paul on this dude ... sometimes you have to make concessions to avoid the other crap.

Fatjim
15th May 2007, 19:41
If you haven't already replied I'd suggest the best defense is to deny you where there at the time reported. Doesn't hurt to say you have 5 or 6 witnesses to say you where elsewhere.

If the cops want to interview you, get your dad to go along, he'll put the wind up them. But listen to what they have to say and ask if there are any other witnesses before you give them an alibi. Remember, it's not whether the cops will believe you, it's whether they think it's worth proceeding.

It sucks that you have to lie to get off, but you haven't a shit show of getting anybody to believe your side of the story.

I got off a very serious charge this way once. They had 4 witnesses, I said I had 10.

Toaster
15th May 2007, 19:44
I've been a bit of a naughty boy. So just wanting to know, is there demerits involved, and if so, how many?

Won't bore you with the details. Just another case of car not giving way and biker getting in shit for taking (not quite) evasive action - passing and the 4WD swerves, our mirrors connect.

If you get charged and found guilty of careless... 35 demerits from memory.

Colapop
15th May 2007, 19:49
I got a $50 fine for unsafe passing manoeuvre... dunno about demerits. Demerits are only a problem if you continue to offend aren't they?

gijoe1313
15th May 2007, 22:37
Ahh poopies hxc, sounds like you may have to suck it up - pity you didn't have any witnesses. Try the old "he said, I said" and the truth should be somewhere in between.

It's a bummer :no: but I guess you can chalk this up to experience and avoid those "mad Ivan" cager moments whenever you can :sick: Keep us informed ok?

The Pastor
15th May 2007, 22:40
careless use of a motorvehical, 30 demerits $400.

Patrick
16th May 2007, 00:15
35 demerits... fine at discretion of the court, but up to $3000. Can also disqualify too, but at the discretion of the court too... not usual, but is possible.

yungatart
16th May 2007, 11:02
Interesting! The "victim" (ie, the 4wd owner who did not give way) allleges hXc did all manner of illegal and dangerous things on this particular day, including scattering a whole bunch of teenagers as he gunned it around the corner.
I work at the same school that hXc attends and believe me, what ever that kid gets up to, I hear about it, from other students or fellow staff. I heard nothing, until the cop turned up yesterday.
I reckon that says it all really.

bert_is_evil
16th May 2007, 16:05
I think they usually only disqualify you if someone is injured

R6_kid
16th May 2007, 18:08
stop being and emo zac, go get some kung-fu lessons and ninja chop the dude in the head... and the cop too while you are at it!

Give them your side of the story... (im guessing you have already) otherwise take it to court. If you have no previous convictions it could be hard for them to hold it up in court, also one person's account is not enough - i've heard they need 3 witnesses to make a case, but i may be wrong.

jetboy
17th May 2007, 08:51
I lost my license after a careless use so it must have demerits - plus I didnt injure anyone and I still got my license (and car, as a matter of fact) taken off me.

pritch
18th May 2007, 10:33
35 demerits... fine at discretion of the court, but up to $3000. Can also disqualify too, but at the discretion of the court too... not usual, but is possible.

The courts must be getting soft:yes:

I was silly enough to get booked for "careless use" once. I checked the papers and saw that everybody that was charged with this lost their licence at that time. So for the first time I hired a lawyer.

When it went to Court I was fined, the others (two or three) all lost their licence.

peasea
23rd May 2007, 17:02
I've been a bit of a naughty boy. So just wanting to know, is there demerits involved, and if so, how many?

Won't bore you with the details. Just another case of car not giving way and biker getting in shit for taking (not quite) evasive action - passing and the 4WD swerves, our mirrors connect.

Plead not guilty, have your say in court. Even if you get fined and get court costs on top you've got your comments on record. You never know; the other dude may not turn up......then it's most likely it'll get dismissed.

MSTRS
30th May 2007, 11:28
Update - cop searched for corroborating witnesses. Found none. Dropped thru lack of evidence. I still got the lecture about hXc riding responsibly, not becoming a statistic etc....doubt the knob in the 4x got the same re failure to give way:angry:
Still, best outcome eh?

Stickchick
30th May 2007, 12:03
Update - cop searched for corroborating witnesses. Found none. Dropped thru lack of evidence. I still got the lecture about hXc riding responsibly, not becoming a statistic etc....doubt the knob in the 4x got the same re failure to give way:angry:
Still, best outcome eh?

Thats great to hear, bet ya HXC is relieved its been dropped

James Deuce
30th May 2007, 12:13
That's brilliant news. Natural justice served I would suggest.

Storm
30th May 2007, 12:53
Good to see. Agree with you 100% re knob jockey in 4x4

yungatart
30th May 2007, 16:18
The thing that irked me most of all about this whole thing (there were several things that irked me heaps, trust me!), was the cop blatantly stating that when faced with a choice of believing a respected member of the community, i.e. a firefighter, or an adolescent, he wouldn't be picking the adolescent.
WTF happened to impartiality, investigative skills, and being presumed innocent until found guilty??????
Some cops don't do themselves or their workmates any favours, do they?