Legal help?!?!

**onearmedbandit** · 26th February 2004, 17:45

Okay, I guy I 'know' went to Nelson yesterday, great ride and all but ran out of gas about 10 mins from the next fuel depot. Well after fucking around for half an hour got some gas and made it to the next town

At said town he checked his cellphone, and saw he had a txt message from his ex saying that their 4yr old daughter was sick and could he come over ASAp. Upon reading this, and not able to contact her, he decided to get back home as quick as possible. Unfortunately for our man a cop was coming the other way and clocked him at 163km/h in a 100 zone. Result, instant loss of licence and bike put into a local farmers propertry.

He's got his bike back now, but has lost his licence for 28 days and is being charged with 'dangerous use of a m/c' which will probably result in further loss of licence.

Has anyone here had this sort of experience and had any luck getting the charges reduced or dropped? You know, like calibration of the radar, etc. Any help appreciated.

**wkid_one** · 26th February 2004, 17:52

Originally Posted by onearmedbandit

Okay, I guy I 'know' went to Nelson yesterday, great ride and all but ran out of gas about 10 mins from the next fuel depot. Well after fucking around for half an hour got some gas and made it to the next town

At said town he checked his cellphone, and saw he had a txt message from his ex saying that their 4yr old daughter was sick and could he come over ASAp. Upon reading this, and not able to contact her, he decided to get back home as quick as possible. Unfortunately for our man a cop was coming the other way and clocked him at 163km/h in a 100 zone. Result, instant loss of licence and bike put into a local farmers propertry.

He's got his bike back now, but has lost his licence for 28 days and is being charged with 'dangerous use of a m/c' which will probably result in further loss of licence.

Has anyone here had this sort of experience and had any luck getting the charges reduced or dropped? You know, like calibration of the radar, etc. Any help appreciated.

Most likely a slim to none chance at that speed. I don't think they will look to 'lessen' the charges given the present focus on speeding.

Calibration of Radar is an option - however, the police aren't as stupid as we think and aren't likely to fail on this technicality - plus there is a HUGE margin for error at that speed.

Check the ticket for errors....but again this is up to the judgement of the Police when disputing it.

Best bet would be to try the 'heartstrings' angle about the daughter....but again this will depend on how serious the ailment was.

Honestly - I think he will be taking this one on the chin for some time (insurance etc will be a bitch from now on)

**Big Dog** · 26th February 2004, 18:13

Agreed.

mr

**Deano** · 26th February 2004, 18:22

Perhaps get a very good lawyer to check case law for a precedent, whereby a "medical emergency" was apparent - wouldn't hold my breath though - a letter from a doctor may help, especially if he drinks with the Judge at the local country club (you know how the system works at times.....)

**k14** · 26th February 2004, 18:54

Damn, that really sucks.

Wouldnt pin your hopes on getting off. Might just have to take it. But make sure you get some legal advice. I know from personal experience that you get screwed over if you dont.

Definately play the sick child card, that should get you some lieniency.

Good luck.

**matthewt** · 26th February 2004, 19:16

OK, I'm no expert on this but in 2000 I got pinged TWICE at more than 50k over the limit. Both times I got the instant 28 suspension.

The first time was in Mt Bruce near Masterton, 166 in a 100. Cops were really good about it. Instead of leaving the fireblade out they got another car out and with my permission one of them rode the blade back to the police station. They made it very clear they weren't taking the bike they were just offering to store it until I could get someone out there to pick it up (obviously not me given my 28 day stand down). Then the guy dropped me at the train station so I could get home. Couldn't of meet a nicer bunch of guys. When the court summons arrived I wrote in to plead guilty and did the big sob story. It ended with a fine and no further action. From memory it was about $500 for the fine.

Then about 2 months after getting my license back I got done doing 125 in a 70 by a laser trap which was using police bikes to pick up the speeders. By the time the cop caught up to me I was on the motorway so thought "Cool only 25 over the limit" then he explained they hit me in the 70 not on the motorway. So another 28 day suspension. When I asked about getting the bike home (during peak rush time leaving Wgtn) without saying the actual words he indicated if I rode home when he left it would be nearly impossible for me to be pulled over provided I behaved myself. Once he left I rang my mate who then got a taxi out to where I was, he rode my bike home and I jumped in the taxi and followed him. I was now in a sticky position given my ticket only 3 months ago so I followed the same tack. Waited for the courts summons and then wrote in to plead guitly and grovel like crazy. Ended up with a fine (another $500 one) and no further action.

If there's interest I'll post the content of the letters to give you an idea of what worked for me. I was probably lucky that the first ticket went to the Masterton District court and the second letter the Wellington District court.

If your friend explains the circumstances then he might be lucky, don't know about the dangerous charge so good luck to him.

**Lou Girardin** · 26th February 2004, 19:36

Tell hime to get a good lawyer. One that specialises in traffic law. He may get the dangerous charge reduced at least.
Lou

**750Y** · 26th February 2004, 20:08

http://www.buyradardetectors.com/Inf...ng-Ticket.aspx

now i know this book is based on american case law but it may be worth looking into.
apart from that it's "better get a lawyer son, better get a reeeeeal good one"

**marty** · 26th February 2004, 20:25

as dangerous speed carries a six month disqualification as the minimum that can be imposed, it would be an expensive exersize to plead guilty at an early stage. here's my advice. get a letter from the person who txted the message about the daughter. make it a sworn affidavit, sworn in front of a JP. write to the bureau, explaining that the road was open road, there were no other cars on the road, the weather was fine, lighting good, you've been riding incident free for 20 years, you're always careful and defensive. if you can't say those things then you're in trouble. admit without predjudice that you were exceeding 100km/h, and that you would be prepared to discuss the charges further, before they are laid in court.
you will have to do this soon, as the bureau will lay the dangerous charge within a week or two, then you'll have to go to court and explain this in person. i would suggest the charge is dropped to careless (which carries a fine but only a discretionary disqualification), or simply to 'exceeds 100km/h' which carries the same penalty as careless, but is only recorded as an infringement. this is what matthew was charged with , or had it reduced to, and he got off pretty light considering. you'll get nowhere defending on process or ticket errors, Summary Proceedings Act 1957 as below....
.................................................. ..................................................
204.Proceedings not to be questioned for want of form—

No information, complaint, summons, conviction, sentence, order, bond, warrant, or other document, and no process or proceeding shall be quashed, set aside, or held invalid by any [District Court] or by any other Court by reason only of any defect, irregularity, omission, or want of form unless the Court is satisfied that there has been a miscarriage of justice.
.................................................. ................................................
dangerous driving/speed carries a pretty high standard of proof, in that the speed or manner of driving MAY have been dangerous to any person (the driver doesn't count though). if you can show that no other person was in danger ast that moment that you were snapped, then you should be ok, and be able to get the charge reduced.

**ManDownUnder** · 27th February 2004, 08:01

Something I learned from my little boy having an asthma attack...

Give the cops a call - them what's going on and let them know you are shit scared/needed there yesterday - whatever. Medical emergencies (assuming this qualifies as one) are taken very seriously by the police I find...

If they are sympathetic (and I'd escalate things if they weren't) then go home - pronto, and fast. You'll likely find they meet you part way and escort you.

The police are there to enforce the speed limits, but they're also sensible enough to know that if it's a life/death situation, speeding is the lesser of the two evils.

That all being said - get a copy of the medical cert, attached it to the ticket/police paperwork and challenge it those same grounds. Tell them you were shitting bricks etc...

What's the worst that could happen?
MDU