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Thread: Desperately need help ...

  1. #16
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    Quote Originally Posted by HenryDorsetCase View Post
    decent independent expert witness too, if it came to that.
    All for the price of couple of jelly donuts.
    Its highly likey the story is a bit more complicated than initally described, The 'innocent" motorcyclist may be getting charged as he was going 160kph at the time for all we know
    Quote Originally Posted by Katman View Post
    I reminder distinctly .




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  2. #17
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    Quote Originally Posted by HenryDorsetCase View Post
    A lawyer won't be a waste of money. The point is to test the Crown case. For example the charge might be dangerous driving (presumably causing injury?) but it might be more careless IF you get the disclosure and IF you can do a deal with them. It happens all day every day. If you just rock up to Court and go "Mea culpa" then you will get it straight up the arse no lube. You might still get it straight up the arse but maybe a smaller diameter, or some Astroglide or something

    I've dealt with SCU a couple of times and both times I found them to be very thorough, very professional.
    With the SCU and Police investigation findings being the Crowns case, testing it shall be futile. But....test away. I suppose having a Lawyer stand there are giving you a character reference at best may feel like a cuddle from grandma, so not all will be lost.

  3. #18
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    Quote Originally Posted by jellywrestler View Post
    i can go around and flour bomb the guys chicken coop if that would help?
    Dog shit in the letter box.

  4. #19
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    Quote Originally Posted by jasonu View Post
    ... 'I didn't see him' is hardly a defense and could be considered an admission of guilt if argued properly ...
    "Driving without due care and attention" is the possible charge for this admission alone ...
    When life throws you a curve ... Lean into it ...

  5. #20
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    Quote Originally Posted by cassina View Post
    I'm stupid ....
    Your most intelligent post yet ...
    When life throws you a curve ... Lean into it ...

  6. #21
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    Quote Originally Posted by cassina View Post
    As the driver has said they did not see your son is this not an admission of guilt I would have thought? If the driver had said they had right of way though it would be another thing again. I would get in touch with the serious crash unit to find out what their grounds are for dangerous driving and if you get nowhere go to the Police Complaints Authority before spending money on a lawyer.
    1. "I did not see him" equates to without due care of attention ... and as such ... may have some defense. But ... in no way can that always mean ... the OP is entirely innocent ...

    2. The SCU do not investigate "Dangerous driving" offenses ... unless a death (or serious injuries) are involved.

    3. Google Dangerous driving ... If those "grounds" are not met ... there is no case. Reminder ... the OP has NOT yet described the chain of events that led up to the charge.
    When life throws you a curve ... Lean into it ...

  7. #22
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    Quote Originally Posted by Maha View Post
    With the SCU and Police investigation findings being the Crowns case, testing it shall be futile. But....test away. I suppose having a Lawyer stand there are giving you a character reference at best may feel like a cuddle from grandma, so not all will be lost.
    On the two occasions I have interacted with them, once was to look at a report as to how a fatal motorcycle accident had occurred, the other was an independent review of an SCU investigation by a private (but ex SCU) investigator. Like I said, professional and thorough
    I thought elections were decided by angry posts on social media. - F5 Dave

  8. #23
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    Quote Originally Posted by HenryDorsetCase View Post
    and IF you can do a deal with them. It happens all day every day. If you just rock up to Court and go "Mea culpa" then you will get it straight up the arse no lube. You might still get it straight up the arse but maybe a smaller diameter, or some Astroglide or something
    NO NO NO freakin NO.... Don't do a deal witht hem, this is how the shonkey system works.....

    Yeah all they want is a careless charge and they prob have insufficient evidence for that so they bully you with the serious dangerous charge......

    Dangerous driving is actually a very hard charge to prove, dangerous is not just speeding or going fast, unless your going stupid fast through roadworks or past school etc. Dangerous involves credible witnesses providing evidence about the MANNER of your driving/riding.

    Yes get a lawyer and geta good one, they don't need to know anything about bikes, its all a debating game about the evidence presented.
    Govt gives you nothing because it creates nothing - Javier Milei

  9. #24
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    Quote Originally Posted by Artee View Post
    My son does not believe that a lawyer who is not a bike rider, would be anything more than a presence in the court and he wants to fight this injustice. Please assist. Thank you in advance.
    Nobody understands a biker ... we're special. The more people that gets this simple fact ... the better it will be for all motorcyclists.

    Well ... ME anyway ...
    When life throws you a curve ... Lean into it ...

  10. #25
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    Quote Originally Posted by R650R View Post
    .

    Yes get a lawyer and geta good one, they don't need to know anything about bikes, its all a debating game about the evidence presented.
    the best liar wins.


    also the judges and lawyers, they always win too.

  11. #26
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    Since when was Eric building his bikes in 1972??

  12. #27
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    Once many moons ago I was charged with careless use. I checked the paper to see what happened to people who appeared in court charged with same. It seemed they all lost their licence. Losing my licence would have been a major inconvenience at the time, it would have made work seriously difficult, so I consulted a lawyer.

    I didn't attend court, but the lawyer did, according to the paper two other people appeared on the same charge that day, they lost their licence, I didn't.

    OK, so there was a lawyer's bill, but it was worth every cent.

    Since then having spent some time sitting in a court room as part of my job, I have formed the impression that the court system is a big game of money-go-round. It seems quite possible that the judges give credit for your hiring a lawyer as you are seen to be playing the game. Their game.

    YMMV
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  13. #28
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    Quote Originally Posted by pritch View Post
    Once many moons ago I was charged with careless use. I checked the paper to see what happened to people who appeared in court charged with same. It seemed they all lost their licence. Losing my licence would have been a major inconvenience at the time, it would have made work seriously difficult, so I consulted a lawyer.

    I didn't attend court, but the lawyer did, according to the paper two other people appeared on the same charge that day, they lost their licence, I didn't.

    OK, so there was a lawyer's bill, but it was worth every cent.

    Since then having spent some time sitting in a court room as part of my job, I have formed the impression that the court system is a big game of money-go-round. It seems quite possible that the judges give credit for your hiring a lawyer as you are seen to be playing the game. Their game.

    YMMV
    Yes it's kind of like your first court appearance, normally gets a $600-1000 fine and six months loss of licence.

  14. #29
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    Careless, reckless, dangerous driving. Three grades of charges in order from less serious to most serious.

    Careless has discretionary disqualification attached to it. The other two have mandatory disqualification attached to them.

    Dangerous I think is a qualifying conviction which, when mixed with certain breath alcohol convictions over a certain time period (2 or 5 years) provides for indefinite disqualification.

    Worth a lawyer to get the charge negotiated back or argued back.

    There's more to this than we are being told. You have to be doing something really wrong to cop Dangerous driving, although the serious consequences will count as well.

    Your son needs a specialist traffic lawyer not a biker lawyer.

  15. #30
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    The police must consider that they have a good case if they are prosecuting for dangerous driving. Have you seen the SCU report?

    As others have said, definitely look for a good lawyer rather than a biker lawyer. Also, you will need a good expert witness as effectively you will need to discredit the SCU report.

    We defended a drink driving charge against our son about 10 years ago, which cost thousands. The police made a real mess of the case, and both a police officer and ambulance driver were shown to have lied in their statements.

    But discrediting a SCU report is a whole different level.

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