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z99
11th May 2009, 14:07
First time gt the "careless driving charge 37(1)" NOt to sure what too do..should i pay some lawers?or just use a free duty lawer out side the court?:weep::weep:

Nasty
11th May 2009, 14:10
Such a short post for such a big problem. It depends on what the charge is for .. if you are guilty or copping guilty ... or if you are going to fight it and how hard ... probably need more information that I got charged what do I do.

Gubb
11th May 2009, 14:24
Gutted mate. This in relation to the BMW incident?

How you healing up? The Missus ever forgive you (or fizbin?)

p.dath
11th May 2009, 14:54
Careless Driving usually isn't very serious, and I'm guessing most people charged with it are found guilty. Careless driving is quite broad, so getting off may be difficult.

Probably best you talk to a legal advisor breifly to ascertain the likely consequences. if they aren't great, it's usually easier [and much cheaper] to just plead guilty.

And a tip, if you go to court (and you often don't even need to), the JP's are usually looking for you to acknlowedge that what you did was wrong, and that you accept responsibility. e,g. I acknlowedge I was speeding at the time of the accident and that this contributed to the accident and that I accept responsibility for the accident occurring.

sleeqe2000
11th May 2009, 15:02
Are you insured ? - most policies cover upto 20000 bucks legal cover. Might be better to use it. Could save you thousands in reparations....

pritch
11th May 2009, 15:37
Too little information but...

I was once charged with "careless use of a motor vehicle" so was interested to see the likely tarrif. On checking the newspaper I noted that everybody charged with careless use seemed to lose their licence.

A licence was necessary for my work so I lawyered up. When it went to court I was fined, (and had a lawyers bill), everybody else lost their licence.

How bad do you need your licence?

lankyman
11th May 2009, 16:03
I was charged with careless driving once, was fined $300 plus $150 court costs. Was going to be charged with dangerous driving, but managed (through some crafty thinking) to get one up on the cop charging me. He agreed to drop the charge provided that I plead guilty to the lesser charge.

popelli
11th May 2009, 18:12
Careless Driving usually isn't very serious


unless the law has changed

it used to be automatic loss of licence for 6 months

I got charged with it years ago, I got a good lawyer and got off

scumdog
11th May 2009, 18:15
unless the law has changed

it used to be automatic loss of licence for 6 months

I got charged with it years ago, I got a good lawyer and got off

Nah, last one I did was $500 fine + $130 costs, that's all.

Madness
11th May 2009, 18:18
The disqualification penalty is definitely discretionary. Careless carries 35 demerit points too, eh Scummy?.

6ft5
11th May 2009, 18:21
so more information would be useful, as a victim of a careless driving accident and the driver got off "not guilty" I would be interested to hear if there is any guilt on the person causing the accident in terms of what you did? There are always 2 sides to things

The Pastor
11th May 2009, 18:26
Loss of licence is up to the court. Its a min $400 fine.

fireliv
11th May 2009, 18:27
First time gt the "careless driving charge 37(1)" NOt to sure what too do..should i pay some lawers?or just use a free duty lawer out side the court?:weep::weep:

Careless driving no longer holds a manatory disqualification period. JPs MAY impose one, but not normally unless you were really naughty.

You have the right to plead guilty by letter, without having to appear. You can also write in and ask for a hearing if you wish to plead not guilty.

Duty solicitors will not represent in this court normally as it is very minor, nor can you get legal aid. U can however go and talk to community law if you think that you might have a defense to the charge, and they can help you put it together for you to present (they are free).

If you are looking at pleading guilty, and are a first time offender you are eligable for diversion. If you are writing in state clearly that you wish to be considered for diversion, cos sometimes if you dont ask they wont offer it. Or if you attend in person then ask for diversion.

If you are not a first time offender and are really worried about your licence you could appear and ask if you could keep your licence if you did a defensive driving course.

Good luck with your case

Crasherfromwayback
11th May 2009, 18:47
unless the law has changed

it used to be automatic loss of licence for 6 months

I got charged with it years ago, I got a good lawyer and got off

Don't think it's ever been automatic disqualification...not for the seven odd times I've been charged with it!

Kickaha
11th May 2009, 18:51
..not for the seven odd times I've been charged with it!

Slow learner :bleh:

Crasherfromwayback
11th May 2009, 18:58
Slow learner :bleh:

Aye. Most of them for wheelies! That's a no no.

cs363
11th May 2009, 18:58
Slow learner :bleh:


Actually, I think he's done extraordinarily well to get off that lightly.....

I mean, I'm sure he's ridden a lot more than seven times... :rofl: :bleh:

Crasherfromwayback
11th May 2009, 19:01
Actually, I think he's done extraordinarily well to get off that lightly.....

I mean, I'm sure he's ridden a lot more than seven times... :rofl: :bleh:

Listen here numbnuts...I always take great care whilst riding. I just don't always bother unlocking the fucking steering!

So there.

cs363
11th May 2009, 19:09
Listen here numbnuts...I always take great care whilst riding. I just don't always bother unlocking the fucking steering!

So there.

Lol, nice comeback.... apparently I have to share the bling about before you get more. So let's just say I owe you....

Though I think back in the old days at Boyle's some of those shiteboxes you worked on may have had seized steering rather than locked... :laugh:

P38
11th May 2009, 19:12
You could always do what lots of good Kiwi's have done before you.

Jump the ditch .... head for Queensland or the NT.

Change your name

Get a job in the outback.

But remember if you take this option you can never come home again.


Or


You could spend a few hundy on a decient laywer and prepare yourself to take your licks.

Be a better choice than some dropkick court appointed prick whos only interest is getting through the day without any hassels.

Your choice at the end of the day.

Hope it all works out for you. :apint:

Rockbuddy
11th May 2009, 19:15
Duty solicitors will not represent in this court normally as it is very minor,

Good luck with your case

not quite true, I just defended a traffic ticket only two weeks ago, lesser than careless, the fine was only $150 with 30 demerits and the duty solicitor argued my case for me and got the charge dismissed, so if you think your not guilty I say go for it

popelli
11th May 2009, 19:34
Don't think it's ever been automatic disqualification...not for the seven odd times I've been charged with it!

it was careless use causing injury that I was charged with

obviously the law has changed in the 25 plus years since I got charged

Crasherfromwayback
11th May 2009, 19:37
it was careless use causing injury that I was charged with

obviously the law has changed in the 25 plus years since I got charged

Yeah I've only ever managed to injure myself!!

fireliv
11th May 2009, 19:46
not quite true, I just defended a traffic ticket only two weeks ago, lesser than careless, the fine was only $150 with 30 demerits and the duty solicitor argued my case for me and got the charge dismissed, so if you think your not guilty I say go for it

Very true. I said they would not normally represent in this court, depends on what other courts are running, size of court, avaliablity etc. Yup if you have a decent defense then give it a go

Max Preload
11th May 2009, 19:58
As laid out in the relevant legislation and regulations...

Fine: up to $3000
Disqualification: No minimum or maximum or automatic - entirely at the discretion of the presiding (judge? might just be JPs) (http://www.legislation.govt.nz/act/public/1998/0110/latest/DLM434658.html?search=ts_all%40act%40bill%40regula tion_land+transport_resel#DLM434658)

Demerit points: 35 (http://www.legislation.govt.nz/regulation/public/1999/0099/latest/DLM280512.html?search=sw_096be8ed80348033_careless&sr=0)


Yeah I've only ever managed to injure myself!!

That actually counts as careless causing injury.

Crasherfromwayback
11th May 2009, 20:04
As laid out in the relevant legislation and regulations...

Fine: up to $3000
Disqualification: No minimum or maximum or automatic - entirely at the discretion of the presiding (judge? might just be JPs) (http://www.legislation.govt.nz/act/public/1998/0110/latest/DLM434658.html?search=ts_all%40act%40bill%40regula tion_land+transport_resel#DLM434658)

Demerit points: 35 (http://www.legislation.govt.nz/regulation/public/1999/0099/latest/DLM280512.html?search=sw_096be8ed80348033_careless&sr=0)



That actually counts as careless causing injury.
Only if you tell them about it at the time!

LBD
11th May 2009, 21:02
First time gt the "careless driving charge 37(1)" NOt to sure what too do..should i pay some lawers?or just use a free duty lawer out side the court?:weep::weep:

What was the illedged offence? Was any one else involved, ie victims?

I was booked for careless driving after an accident....I stopped at a stop sign, looked into the rain. I did not see a grey car without headlights on, and so pulled out into an accident.

Did all the correct things well beyond obligatory at the scene and a few days later I received the notice in the mail....I responded with a letter explaining I had not commited a crime, I had a honest accident, I stopped looked hard because of the conditions....I was let off as a result.

If you circumstances are similar the challenge it, If for pulling 100kph wheelies in a school zone at 3 pm ....pay it and count your self lucky....

z99
11th May 2009, 21:59
Thanks for all the replies. Some of you might already know my story but for those who don’t I was in a motor bike accident 3 months ago. I was out riding when I hit a speed beep after a bridge and I got a tank-slapper (wild and rapid swings of the handlebars from hard-stop right to hard-stop left and back again) happens when harmonic feedback is generated following your front tire hitting an imperfection on the road surface such as the slight bump at the end of your driveway. Anyway I lost control and hit into a car on the opposite side of the road luckily no one in the car was hurt. The bike was ridden off.
I am no sure what speed I was going at the time or are the other members in the group. I spent 3 weeks in hospital as I had a dislocated shoulder and broke my pelvis. I have been off work for the last 3 months now. I am hoping can keep my licence and that I will just get a fine and maybe do a driving defence course and that I wont get a record. Well only got 10 more days if anyone knows a good community lawyer on the shore please let me know or any other suggestions might help.

James Deuce
11th May 2009, 22:08
Ridden off to where?

LBD
12th May 2009, 01:01
I was out riding when I hit a speed beep after a bridge and I got a tank-slapper. Anyway I lost control and hit into a car on the opposite side of the road luckily no one in the car was hurt.

I am no sure what speed I was going at the time or are the other members in the group. I am hoping can keep my licence and that I will just get a fine and maybe do a driving defence course and that I wont get a record. .

I dont profess any legal cleverness so don't take this as advice...

Tank slappers happen at varying speeds. If there is no charge of speed involved with this, then IMO you have not committed an offence that warrants punishment, you were a victim of circumstances, handling, the speed beep, the angle you struck it, tire pressures etc...(what is a speed beep anyway?) You had an honest accident, that could not be prevented etc...You may be at fault for insurance purposes, but not up for a careless driving charge.....unless you were.....

Is a speed beep something that should require a warning on the road? Is a speed beep a known hazard that the council should have addressed?

MSTRS
12th May 2009, 09:10
If you are looking at pleading guilty, and are a first time offender you are eligable for diversion. Diversion is used for Criminal cases, not Traffic


I am hoping can keep my licence and that I will just get a fine and maybe do a driving defence course and that I wont get a record.

If you are fined, then you have been found guilty and you will have a 'record'.
Heard of the term 'convicted and discharged'? That means Guilty, not penalty imposed. But you cannot have a penalty imposed without the conviction.

TOTO
12th May 2009, 11:39
It was an open road situation. it was not a "speed bump" what he calls it , but just a bump. It was the joint where the bridge connects to the tarmak. The tarmak was about 5-10cm higher than the bridge - i.e bump.

Sorry Andy, I cant offer any legal advice coz i dont know nuffing, but good luck with the whole thing brother.

cs363
12th May 2009, 11:52
Thanks for all the replies. Some of you might already know my story but for those who don’t I was in a motor bike accident 3 months ago. I was out riding when I hit a speed beep after a bridge and I got a tank-slapper (wild and rapid swings of the handlebars from hard-stop right to hard-stop left and back again) happens when harmonic feedback is generated following your front tire hitting an imperfection on the road surface such as the slight bump at the end of your driveway. Anyway I lost control and hit into a car on the opposite side of the road luckily no one in the car was hurt. The bike was ridden off.
I am no sure what speed I was going at the time or are the other members in the group. I spent 3 weeks in hospital as I had a dislocated shoulder and broke my pelvis. I have been off work for the last 3 months now. I am hoping can keep my licence and that I will just get a fine and maybe do a driving defence course and that I wont get a record. Well only got 10 more days if anyone knows a good community lawyer on the shore please let me know or any other suggestions might help.

From that description it sounds to me like it would be well worth getting a lawyer, as it sounds like it should be defendable.
At the very least it would be worth paying the fee and talking to a lawyer about your situation, certainly time better spent than asking a bunch of bush lawyers like all of us...

James Deuce
12th May 2009, 12:05
At the risk of making myself really unpopular (hang on, no need to worry really, is there?), Careless Use is usually dropped on drivers/riders who fail to to take due consideration of the conditions and cause an accident.

It is sometimes used on motorcyclists who simply fall off whilst cornering enthusiastically, and in one case I know a mate fell off on diesel during a light rain shower and the camber and slippery conditions caught him out. The cop following him (unlucky, eh?) didn't fall off and reasoned that the mate shouldn't have either, if he'd been a little more careful.

The fact that you involved another vehicle in the loss of control of your motorcycle (it sounds mean, but that's what happened. The "beep" didn't make you fall off.) is not going to look good I'm afraid.

I don't think you have a defensible case. You lost control and hit a car. You can't really "spin" that in a positive light.

Max Preload
12th May 2009, 12:12
...that I wont get a record

Are you taking kidding? It's such a pissy non-event it's not even worth worrying about.

Winston001
12th May 2009, 12:20
You should ask for disclosure from the police. That is a copy of the officer's notes and witness statements. The police have charged you because there has been a serious accident - your bike was written off and you were hospitalised. You crossed the centre line thus endangering oncoming traffic.

Those are the basic reasons you've been charged. None of that means you are actually guilty of careless driving. If you can provide an explanation that an event outside your control caused the accident, then you have a good chance of being acquitted on a defended hearing.

A tankslapper is unpredictable but if witnesses say you were speeding then the odds are against you. So you need to see witness statements.

If I was you defending the charge, I'd find a mature credible motorcyclist to give supporting evidence about tankslappers. I've just seen a case where the Court was told sliders were used on racing bikes - which implied the dead bike rider had been speeding and did so regularly. No one in the court knew any better and so it was accepted. :angry:

You really should get a lawyer if you want clear advice. Community law centre is fine to start with. You can then defend this yourself if you feel sufficiently self-confident but most people find it too difficult.

fireliv
12th May 2009, 17:30
Diversion is used for Criminal cases, not Traffic

Not true (Sorry MSTRS but I deal with this stuff). You can have diversion in a traffic charge as long as there is no mandatory disqualification period and the charge is not deemed serious enough. This is such a case. I would strongly suggest you try for diversion if it is an option.

munterk6
12th May 2009, 17:41
you could always stall off the court date by ringing in a bomb threat every time you are due in court....

thats what I did...:innocent:


but the 6 years in prison was a bit of a bummer tho.:sick:

MSTRS
12th May 2009, 17:48
Not true (Sorry MSTRS but I deal with this stuff). You can have diversion in a traffic charge as long as there is no mandatory disqualification period and the charge is not deemed serious enough. This is such a case. I would strongly suggest you try for diversion if it is an option.

Well, I never...
Really? How does that work?

scumdog
12th May 2009, 17:52
Diversion is used for Criminal cases, not Traffic


Not so:msn-wink:

MSTRS
12th May 2009, 18:01
Yeah yeah...I just found out that I don't know everything. A real shock, it was, too.:shit:

marty
12th May 2009, 18:48
Well, I never...
Really? How does that work?

if the judge is not encumbered with a mandatory sentence diversion can be offered. disqual is mandatory for many traffic offences, but not simple Careless Driving - it's just an option

marty
12th May 2009, 18:51
That actually counts as careless causing injury.

injuring yourself does meet the ingredients of the offence, but a cop would be roundly criticised by O/C prosecutions for charging careless injury on a single car (injury to driver) crash.

i know this for a fact - i tried it.

marty
12th May 2009, 18:52
it was careless use causing injury that I was charged with

obviously the law has changed in the 25 plus years since I got charged

careless/injury still carries mandatory disqual. simple careless doesn't.

Patch
12th May 2009, 19:05
i know this for a fact - i tried it.
there is always one willing to go that extra mile :shutup:

caseye
12th May 2009, 19:10
If it was me, I'd also be asking if theres a good lawyer who rides out here in KB land, they'd definitely be an asset.

cs363
13th May 2009, 00:10
At the risk of making myself really unpopular (hang on, no need to worry really, is there?), Careless Use is usually dropped on drivers/riders who fail to to take due consideration of the conditions and cause an accident.

It is sometimes used on motorcyclists who simply fall off whilst cornering enthusiastically, and in one case I know a mate fell off on diesel during a light rain shower and the camber and slippery conditions caught him out. The cop following him (unlucky, eh?) didn't fall off and reasoned that the mate shouldn't have either, if he'd been a little more careful.

The fact that you involved another vehicle in the loss of control of your motorcycle (it sounds mean, but that's what happened. The "beep" didn't make you fall off.) is not going to look good I'm afraid.

I don't think you have a defensible case. You lost control and hit a car. You can't really "spin" that in a positive light.

All good points and proves there are always different ways of viewing the same issue. Regardless I still think the OP would be well advised to spend a few $$ and at least seek legal opinion from a decent traffic lawyer.
Was the cop actually following, I didn't see that bit? If poor road conditions contributed to the accident isn't there some liability on the council or whomever is responsible for that pice of road?

At the very least talking to a lawyer will clear up all this guesswork and give an idea whether to go to court on this or just STFU and take the punishment.

Gubb
13th May 2009, 07:43
Cops didn't turn up for a good 40 minutes.

From where I see it (and i'm sorry z99) there is a case of careless use. 10 other bikes (including myself) came across that bridge with no issues at all.

Winston001
13th May 2009, 09:21
Not true (Sorry MSTRS but I deal with this stuff). You can have diversion in a traffic charge as long as there is no mandatory disqualification period and the charge is not deemed serious enough. This is such a case. I would strongly suggest you try for diversion if it is an option.

Diversion is fine BUT it requires you to fully accept the charge, recognise you were in the wrong, apologise, offer reparation to the other motorists etc. So it's a one-way process. You can't argue a defence because that means you don't accept being guilty.




If poor road conditions contributed to the accident isn't there some liability on the council or whomever is responsible for that piece of road?


Very rarely you might be able to prove negligence by a council/Transit but that's only going to help with paying for repairs. And I think they are protected from liability by law - otherwise the courts would be full of cases against roading operators and contractors.

However a fault in the road would provide you with a defence - the problem is proving it.



From where I see it (and i'm sorry z99) there is a case of careless use. 10 other bikes (including myself) came across that bridge with no issues at all.

Fair comment but accidents do happen. It could even be a fault with the bike - but you need expert evidence to persuade the court.

James Deuce
13th May 2009, 11:00
Fair comment but accidents do happen. It could even be a fault with the bike - but you need expert evidence to persuade the court.

A fault with the bike isn't an excuse. Accidents are hugely infrequent. Most incidents are caused by the rider or driver.

fireliv
13th May 2009, 21:14
Diversion is fine BUT it requires you to fully accept the charge, recognise you were in the wrong, apologise, offer reparation to the other motorists etc. So it's a one-way process. You can't argue a defence because that means you don't accept being guilty.
.

Correct but as he wishes not to have a conviction, the simpliest way of ensuring that is to seek diversion. If you really think you have a strong defense then go for it. DOnt waste time/your money on "expert opinions" (unless you know some willing to give it for free) cos in the scheme of things its not a big deal. It wont stop you going overseas and unless you are a driver and you employer is an ass it wont stop you working either.

scumdog
13th May 2009, 23:00
Cops didn't turn up for a good 40 minutes.

From where I see it (and i'm sorry z99) there is a case of careless use. 10 other bikes (including myself) came across that bridge with no issues at all.

And that sums it up.

"Driving in a manner a normal prudent motorist would not" -or sommat like that.

Badger8
13th May 2009, 23:19
From where I see it (and i'm sorry z99) there is a case of careless use. 10 other bikes (including myself) came across that bridge with no issues at all.

I've gotta agree with Gubb on that one. I was lead rider and came through without a problem, and the three behind me did also before you. The corner is a tad deceptive looking as you approach it (looks tighter than it actually is), but other than that is the same as thousands of others on other typical New Zealand roads.
If i were you i'd be counting myself lucky the driver saw you in trouble and ran wide round that corner, or you may not be writing this thread.


Fair comment but accidents do happen. It could even be a fault with the bike - but you need expert evidence to persuade the court.

Knowing the history of the bike, there was nothing wrong was it. Was in good working order at the time.


Hope you are healing up well Andy, take care.

Manix48
14th May 2009, 16:59
First time gt the "careless driving charge 37(1)" NOt to sure what too do..should i pay some lawers?or just use a free duty lawer out side the court?:weep::weep:

I've had a couple. 10 years ago mind. But I never lost my License. Just a fine and I had to sit a defensive driving course for one of them.

Winston001
14th May 2009, 21:39
Correct but as he wishes not to have a conviction, the simpliest way of ensuring that is to seek diversion. If you really think you have a strong defense then go for it. Dont waste time/your money on "expert opinions" (unless you know some willing to give it for free) cos in the scheme of things its not a big deal. It wont stop you going overseas and unless you are a driver and you employer is an ass it wont stop you working either.

Well said. Careless Use is not a major conviction, you aren't even compelled to turn up at Court but you should - always looks better.

It will affect your insurance rating. You might be disqualified from driving too.

Sharry
14th May 2009, 23:01
I've gotta agree with Gubb on that one. I was lead rider and came through without a problem, and the three behind me did also before you. The corner is a tad deceptive looking as you approach it (looks tighter than it actually is), but other than that is the same as thousands of others on other typical New Zealand roads.
If i were you i'd be counting myself lucky the driver saw you in trouble and ran wide round that corner, or you may not be writing this thread.


I have to agree with Gubb and Badger here mate. The first four bikes got through safe, as the rest of us did and we all have on many other rides on that road.
I saw your left foot go out as you left the bridge and guessed you were in trouble but did not realise how much untill you were airborn. If the BMW had not moved left you would have had a head on with it.
It's a hard lesson to learn from and I do hope you are healing, even though it is slowly.

z99
14th May 2009, 23:48
One of my friend said he just use one of the duty lawer for his careless driving charge case,and he got Diversion.He also said he was wrong and offer send himself to driving course at court.No dine not even court fee..but that was 2006 in northshore.

fireliv
15th May 2009, 14:37
One of my friend said he just use one of the duty lawer for his careless driving charge case,and he got Diversion.He also said he was wrong and offer send himself to driving course at court.No dine not even court fee..but that was 2006 in northshore.

Yup will depend on the court as to whether there is a duty lawyer assigned to that court. Why dont you give the court oyu will be appearing in a call and find out?

When are you going to court anyways??

z99
16th May 2009, 01:36
Yup will depend on the court as to whether there is a duty lawyer assigned to that court. Why dont you give the court oyu will be appearing in a call and find out?

When are you going to court anyways??

22nf of May next friday

jono035
26th May 2009, 20:47
Hi, any updates to the story? Would be interested to know how court date went...

normajeane
26th May 2009, 20:49
Diversion is fine BUT it requires you to fully accept the charge, recognise you were in the wrong, apologise, offer reparation to the other motorists etc. So it's a one-way process. You can't argue a defence because that means you don't accept being guilty.





Very rarely you might be able to prove negligence by a council/Transit but that's only going to help with paying for repairs. And I think they are protected from liability by law - otherwise the courts would be full of cases against roading operators and contractors.

However a fault in the road would provide you with a defence - the problem is proving it.



Fair comment but accidents do happen. It could even be a fault with the bike - but you need expert evidence to persuade the court.

Stuff it, own up and stop blaming the SYSTEM.:stupid:

MaxB
26th May 2009, 23:19
Hi, any updates to the story? Would be interested to know how court date went...

I was wondering that too.

Max Preload
30th May 2009, 18:43
No internet in the cell he's sharing with Bubba... or maybe he's just 'pre-occupied"... :buggerd:

scracha
30th May 2009, 19:32
First time gt the "careless driving charge 37(1)" NOt to sure what too do..should i pay some lawers?or just use a free duty lawer out side the court?:weep::weep:

You my son, are fucked

Even when lawyered up, you're very unlikely to get off a careless driving charge. It's a real catch-all charge. Don't waste the court's time. Plead guilty, write a nice explanation letter explaining any mitigating circumstances and explain how sorry you are for the injuries, damage, distress and wasted police time you've caused. You're unlikey to loose your license.

JohnC
28th June 2009, 13:16
Loss of licence is up to the court. Its a min $400 fine.

Now maybe ??,but in 99 I walked out with a $380 bill all up including costs for careless.
These things seem to constantly change for some reason.

Tink
28th June 2009, 13:58
Are you taking kidding? It's such a pissy non-event it's not even worth worrying about.

I really don't understand, would it not be up to the people driving the vehicle that was coming the other way to make the charge. And an accident occurs for reasons beyond a lot of peoples control, regardless if 10 riders went through it or not, it could have just been a accident waiting to happen and A. happened to be the unfortunate person, possible not concentrating that day, I see it only as a accident, and being charged by the police is a waste of tax payers money... hope that the price you may have paid was not to severe, and your recovering well.



If I was you defending the charge, I'd find a mature credible motorcyclist to give supporting evidence about tankslappers. I've just seen a case where the Court was told sliders were used on racing bikes - which implied the dead bike rider had been speeding and did so regularly. No one in the court knew any better and so it was accepted. :angry:

Is there such a thing as a motorcycle lawyer!!!!

NighthawkNZ
28th June 2009, 13:58
You could always do what lots of good Kiwi's have done before you.

Jump the ditch .... head for Queensland or the NT.

Change your name

Get a job in the outback.

But remember if you take this option you can never come home again.

the mass intelligence for bot countries goes up by do this... its a good move for both...

klingon
28th June 2009, 15:51
it was careless use causing injury that I was charged with

obviously the law has changed in the 25 plus years since I got charged


Yeah I've only ever managed to injure myself!!


injuring yourself does meet the ingredients of the offence, but a cop would be roundly criticised by O/C prosecutions for charging careless injury on a single car (injury to driver) crash.

i know this for a fact - i tried it.

Interesting. A woman I worked with (many years ago now) crashed her car in heavy rain and really bad driving conditions. She was doing less than the speed limit (100kph zone) but somehow managed to go off the road and flip her car over. Hers was the only vehicle involved - it was written off and she was lucky to come out of it with just a sprained ankle.

Anyway, she got charged with careless driving causing injury - even though she only injured herself! :shit:

I don't remember a lot of details about the incident but I do remember my reaction:
1) surprised that you could be charged for accidentally injuring yourself
2) thinking she probably got this charge due to her very arrogant attitude and that she probably deserved it!

scumdog
28th June 2009, 16:10
I

Anyway, she got charged with careless driving causing injury - even though she only injured herself! :shit:



I find THAT a tad hard to believe..:blink:

klingon
28th June 2009, 16:33
I find THAT a tad hard to believe..:blink:

As I say, it was a few years ago now but it's the kind of thing that sticks in your mind so I'm sure I'm not mistaken.

Really though, you need to meet this woman to appreciate it - she was extremely arrogant and probably started accusing the police officer of something-or-other and somehow blaming him for the state of her car. She also would have been rude to the ambos and told them it was all their fault too.

She was one of those people who really rubs people up the wrong way and thinks she knows it all while not taking any responsibility for her own actions.

If I had been one of the polices attending the scene I probably would have charged her with every possible thing in my little book of words. :2guns:

Kickaha
28th June 2009, 18:42
Anyway, she got charged with careless driving causing injury - even though she only injured herself! :shit:




I find THAT a tad hard to believe..:blink:

I believe it a guy, I went to school with crashed and broke his arm and was charged with the same, this would have been back about 89-90 though

klingon
28th June 2009, 18:51
I believe it a guy, I went to school with crashed and broke his arm and was charged with the same, this would have been back about 89-90 though

Yeah the incident I'm thinking of would have been in the early 90s. Maybe it was the same cop... :confused:

Mom
28th June 2009, 19:04
Yeah the incident I'm thinking of would have been in the early 90s. Maybe it was the same cop... :confused:

I dont know of this incident, but I do know of one where a 20 year old girl lost control of her car, on one of the blackest corners, on one of the blackest portions of road in NZ (no exageration, I am talking Dome Valley here), about 9pm at night, on a truely filthy weatherwise night, on her way home from her mid semester break part time job. She was heading north and lost control of her car. Destroyed the car and thankfully was not badly injured. Ambulance, along with Fire and Police were called and she did receive roadside care.

She received a careless driving charge that she was found guily in court. She sadly forgot to let her other mother know about this till after the fact.

The cost to her. A fine and some time off the road. The ability to insure any vehicle ever again till she reached the age of 25 and even then it is very expensive for her.

It happens. Single vehicle accidents, with single people injured can and most certainly do end up in court with a careless charge attached :yes:

Badger8
28th June 2009, 22:17
oh heck yeah, the cops will show up and charge willy nilly alright...
Mate of mine had a spill on the motorway, avoided going up the back of a car, swerved a bit much, ended up sliding and rolling. His bike slid on its side and touched the bumper of a car in front. $12k of damage to a $5k bike, and he was the only one hurt (turned down the three ambo's that stopped)
There was seriously a light dent on the bumper of the car, you had to get down on the ground and look up to see where the bike had slid and the front tire touched their bumper.

Cops showed up (no less than 5 cars. Must have been a boring day, one of them said he "just stopped to stretch his legs", had a laugh at the state of the bike, and got back in his car). Charged him with failing to stop and following too close.
Well he wasnt following too close, and had plenty of room to stop... Just not enough room to SLIDE to a stop! :lol:
Naturally he took care of fixing the minimal cosmetics damage to the car, and sorted himself out for bike and gear, yet the cops still felt the need to slap a ticket on top. :whocares:

z99
31st July 2009, 00:43
Hey Guys< I got confirm today, I got DIVERSION .the police dropped the charge, sorry for the late reply. I’ve been waiting for this result for a long time.
And I will post some helpful information later which my lawyer gave me to help me get this DIVERSION.
And just let you guys know
1. Yes you can get the DIVERSION for first time carless driving.
2. Some of the duty lawyer doesn’t really know anything, they told me I won’t get it for driving charge until I show those information and example on paper which my lawyer gave to me.
They went to check with the court, and then I got it.......Lucky I did lot home works.

Thank you for your all.

Winston001
31st July 2009, 10:48
Good to hear back and give us some more detail when you have time. Helps other people here.

And it's "DIVERSION as in being diverted from a court conviction. :D

peasea
31st July 2009, 23:31
Hey Guys< I got confirm today, I got division .the police dropped the charge, sorry for the late reply. I’ve been waiting for this result for a long time.
And I will post some helpful information later which my lawyer gave me to help me get this division.
And just let you guys know
1. Yes you can get the division for first time carless driving.
2. Some of the duty lawyer doesn’t really know anything, they told me I won’t get it for driving charge until I show those information and example on paper which my lawyer gave to me.
They went to check with the court, and then I got it.......Lucky I did lot home works.

Thank you for your all.

If you got division, how many parts are you now?

MaxB
1st August 2009, 00:19
If you got division, how many parts are you now?

It dragged on a bit, maybe it was long division?

z99
1st August 2009, 01:35
If you got division, how many parts are you now?
lol..excuse about my poor english:bash:

Max Preload
1st August 2009, 17:23
lol..excuse about my poor english:bash:

England!

Ixion
1st August 2009, 17:28
Yo has gots moar good England.