Legal advice wanted - Traffic offence

**Motoracer** · 3rd August 2012, 12:33

Due to the front wheel of my motorcycle elevating from the ground for a brief duration on the motorway on ramp, I have been handed a careless driving of a m/vehicle offense. Apparently I have to appear in court and the judge will decide my fate. Other than that, no fines or penalties were given to me by the traffic officer. I was very compliant with the officer the whole time and I apologized for any behavioral flaws in my driving that he had perceived at the time.

Can someone (a lawyer, a police officer or someone with experience with these matters) please help me out with legal advice on what I can do or can't do and how i can prepare for the court? Is there anywhere where I can look up the penalties for careless driving?

Thank you.

**Scouse** · 3rd August 2012, 12:37

Originally Posted by Motoracer

Can someone (a lawyer, a police officer or someone with experience with these matters) please help me out with legal advice on what I can do or can't do and how i can prepare for the court? Is there anywhere where I can look up the penalties for careless driving?

Thank you.

Hire a Lawyer

**5150** · 3rd August 2012, 12:38

You were riding like a cock, what were you expecting.....

Oh, wait, you ride a Hornet. Sorry mate, as you were

**red mermaid** · 3rd August 2012, 12:54

Maximum fine of $3,000.
Can be disqualified at discretion of court.
Non imprisonable offence so you dont have to appear in court unless you want to plead not guilty.

**nadroj** · 3rd August 2012, 12:54

Your front wheel "popped" up when you rode over a rock / piece of wood whilst accellerating to merge with the traffic flow?

How unusual.....

**Gremlin** · 3rd August 2012, 13:23

http://www.nzta.govt.nz/resources/fa...-offences.html

Don't post all the gory details as it's publicly searchable.

Think about which onramp (length), length of wheelie (just a lift under acceleration or 100m wheel stand) and time of day, and traffic. I think plenty of ramps are not long enough to get up to motorway speeds if you drive like a drunken snail, now that they have put traffic lights in.

**5150** · 3rd August 2012, 13:23

Dodgy clutch officer.

Them Hornet clutches are very, very graby

**avgas** · 3rd August 2012, 13:32

Sounds like a downgrade is in order.

Must be some cheap RG150's going on trademe...........on second thoughts, after recalling your riding........you need a 50cc vespa to not do anything illegal.

**Edbear** · 3rd August 2012, 13:42

Originally Posted by Motoracer

Due to the front wheel of my motorcycle elevating from the ground for a brief duration on the motorway on ramp, I have been handed a careless driving of a m/vehicle offense. Apparently I have to appear in court and the judge will decide my fate. Other than that, no fines or penalties were given to me by the traffic officer. I was very compliant with the officer the whole time and I apologized for any behavioral flaws in my driving that he had perceived at the time.

Can someone (a lawyer, a police officer or someone with experience with these matters) please help me out with legal advice on what I can do or can't do and how i can prepare for the court? Is there anywhere where I can look up the penalties for careless driving?

Thank you.

Love it!

Sorry to hear of your misfortune. At least you haven't tried to justify yourself or blame anyone else. Hope you get slapped with a wet bus ticket as the saying goes...

**Akzle** · 3rd August 2012, 13:52

Originally Posted by Motoracer

Due to the front wheel of my motorcycle elevating from the ground for a brief duration on the motorway on ramp, I have been handed a careless driving of a m/vehicle offense. Apparently I have to appear in court and the judge will decide my fate. Other than that, no fines or penalties were given to me by the traffic officer. I was very compliant with the officer the whole time and I apologized for any behavioral flaws in my driving that he had perceived at the time.

Can someone (a lawyer, a police officer or someone with experience with these matters) please help me out with legal advice on what I can do or can't do and how i can prepare for the court? Is there anywhere where I can look up the penalties for careless driving?

Thank you.

you admitted guilt then and there. fuck the judge, you pleaded guilty to the cop and were summarily judged. now all you need is a suitable punishment (sentencing), to try and ensure you don't infringe against their legislation in future.

nzlii.org will give you a stack of case law. you could even search "dangerous, motorbike, wheelie" etc.

never ask a cop for legal advice, they don't know the law.

since you're going to court, with your guilty tail between your legs, dress nice, smile politely, be respectful. if you're really keen, go in with a "means assessment" already completed (demonstrate your nett worth) and say you're really really sorry but can only afford to hand over X dollars and you're really sorry and have learned your lesson and are sorry and wont do it again because you're so sorry. character references from your boss/neighbour/priest etc may help your cause. videos of you doing burnouts on youtube (showcasing your riding ability) will not.

since it's a "minor infraction" and your first offence? he might let you off with a warning. the other option would be suspend your licence (usually 28 days - you can argue but it costs a lot of money and generally by the time you've got your argument to court the 28 days has gone. - continue riding, but don't get caught again.)

**unstuck** · 3rd August 2012, 14:18

Was it your first offence? If so dont worry, jail sex is not too bad once you get used to it.

**rastuscat** · 3rd August 2012, 14:26

Originally Posted by Akzle

never ask a cop for legal advice, they don't know the law.

Good on ya Azkle, it's good to have someone here who knows everything.

You forgot to mention that the rider may be eligible for diversion, it's worth asking the Popo prosecutor if you are eligible. It'll be ruled out if you have demerits, thats one of the qualifying issues.

A wheelie is routinely charged out as careless, so it's not unusual. According to Tom Jones, anyway.

Offer to do a defensive driving course or something similar, it's better than getting a conviction and incurring points.

Of course, the whole problem would be solved by inventing a time machine, going back and entering the motorway without doing a mono. Ask onearmedbandit.