Instant Loss if Licence

**madboy** · 26th December 2005, 10:42

Skyryder, it's innocent until the cop says your guilty. So if you've been pinged for 51+ over, nothing you can do but hope they're having a good day and round it down to 49 over. Then argue it in court some time later. You can do it on an emergency basis I understand, meaning within the next few working days, which is a lot of help at this time of year with public holidays here there and everywhere.

Don't speed. Speeding kills. Or subscribe to the Winja school of tax evasion... it's worked for me so far. But my limit is at 11k over, no need to get a ticket unless you need to.

**Skyryder** · 26th December 2005, 14:38

Originally Posted by marty

no admission of guilt is required. check section 95 of the land transport act. there is a right of appeal only. there is no discretion - the law makers have decided that the roadside suspension is mandatory - the officer MUST issue the suspension notice if the offence has been committed - either speeding or alcohol related. note that if you blow over 800, and go for a blood test, you will still be suspended for the excess 800. you just won't get a further suspension if the blood comes back at over 160.

and you have to EXCEED 150k - sdoing 150 will just get you a fine. you have to be at 151k

Is there any case law on this? I have no doubt as to what you say is true but it seems to me that a very important princilpe in law has been violated in this instance.

Skyryder

**Skyryder** · 26th December 2005, 14:47

This is the relevent section of the LT Act 1988.

(3)A suspension under this section starts immediately after the notice is given to the person to whom it applies.

So I'm being pigheaded. I dispute the officers speed and refuse to accept the notice.

What happens then?

Skyryder

**madboy** · 26th December 2005, 19:18

Originally Posted by Skyryder

This is the relevent section of the LT Act 1988.

(3)A suspension under this section starts immediately after the notice is given to the person to whom it applies.

So I'm being pigheaded. I dispute the officers speed and refuse to accept the notice.

What happens then?

Skyryder

You hop on the bike pull a massive arse wheelie off down the road while turning and flipping the bird to the cop, then you get chased through several residential streets, past some kiddies playing on the road, pop a wicked stoppie to miss some woman pushing a pram, then disappear into thin air and hope the cop can't remember where he wrote down your license number and rego plate.

Or you have a heated debate on the side of the road which leads to the cop winning.

Personally, I'd wind the cop up until he starts saying some really unprofessional shit (takes on average 1m 37sec) then demand the senior shift officer turns up to defuse the situation. It's been done. Can't say it'll get you off your ticket, but it'll make you feel better and it's just plain funny watching a junior cop backpedal on what he's said when the snr or sgt turns up.

**froggyfrenchman** · 26th December 2005, 20:23

well, a guyi know found out a week back, @168kmh on your 999, dunedin cops give you 28days excersice while waiting fo your court day

**Ivan** · 26th December 2005, 20:57

Winja, your sig pic is about rude dont ya think, think about all the small boys and girls on here especially the boys when there dad walks in like myne did and said what was that fucken picture and then cracked up laughing when he found out it was kiwibiker but some kids just aint gonna get away with it

I do think it is funny tho

**WINJA** · 26th December 2005, 21:38

Originally Posted by ivan

winja, your sig pic is about rude dont ya think, think about all the small boys and girls on here especially the boys when there dad walks in like myne did and said what was that fucken picture and then cracked up laughing when he found out it was kiwibiker but some kids just aint gonna get away with it

i do think it is funny tho

its got no nudity and no bad language , whats the big deal

**Biff** · 26th December 2005, 21:54

I totally agree with what you're saying Skyrider. It doesn't seen right that the police officer has been given the power to, pretty much, instantly convict you at the side of the road. There's always the chance that his/her radarmathingy fked up, or clocked another, larger, vehicle.

**marty** · 26th December 2005, 22:10

the legislation is written pretty clear. i'm sure there's case law though - why don't you have a search for it? and refusing to accept service of a document won't get you anywhere

**marty** · 26th December 2005, 22:23

24.Mode of service of documents on defendant—

(1)Every summons to a defendant and every other document which is required to be served on a defendant shall be served on him in one of the following ways:

(a)By being delivered to him personally or by being brought to his notice if he refuses to accept it; or

(b)By being left for him at his place of residence with a member of his family living with him and appearing to be of or over the age of 18 years; or

**WINJA** · 26th December 2005, 22:25

Originally Posted by marty

the legislation is written pretty clear. i'm sure there's case law though - why don't you have a search for it? and refusing to accept service of a document won't get you anywhere

this is true some bitch cop tried to serve me a court summons , she knocked on the door , i answered it and said "what the fuck you want" she said is $%#%&^& here , i said no , slammed the door in her face , she knocked and knocked and kicked the door till my flatty answered , he let the cat outa the bag , i came to the door she said heres your summons you said youd pick it up , i said so you want me to do your job bitch , she said take it , i said fuck off , she put it on my foot and said your served , ends up they had to give me more than 24hr notice for the summons(few years ago) , which is another story

**Skyryder** · 26th December 2005, 22:33

Originally Posted by marty

the legislation is written pretty clear. i'm sure there's case law though - why don't you have a search for it? and refusing to accept service of a document won't get you anywhere

Yes the legislation is pretty clear.

(3)A suspension under this section starts immediately after the notice is given to the person to whom it applies.

The suspension can not be deemed to have started until the person accepts the notice.

That's my interpertation of what the legislation states.

What law is broken if the person refuses to accept the suspension notice. And if he/she believes that the evidence can be contested then it would seem to me that refusal is the only lawful option.

I'm not deliberately being a pain in the arse over this but I am curious what legal recourse a police officer has in this kind of situation.

Skyryder

**WINJA** · 26th December 2005, 22:38

Originally Posted by skyryder

yes the legislation is pretty clear.

(3)a suspension under this section starts immediately after the notice is given to the person to whom it applies.

the suspension can not be deemed to have started until the person accepts the notice.

that's my interpertation of what the legislation states.

what law is broken if the person refuses to accept the suspension notice. and if he/she believes that the evidence can be contested then it would seem to me that refusal is the only lawful option.

i'm not deliberately being a pain in the arse over this but i am curious what legal recourse a police officer has in this kind of situation.

skyryder

see above , she put it on my foot , and apparently thats all legal

**Skyryder** · 26th December 2005, 22:40

Originally Posted by Skyryder

Yes the legislation is pretty clear.

(3)A suspension under this section starts immediately after the notice is given to the person to whom it applies.

The suspension can not be deemed to have started until the person accepts the notice.

That's my interpertation of what the legislation states.

What law is broken if the person refuses to accept the suspension notice. And if he/she believes that the evidence can be contested then it would seem to me that refusal is the only lawful option.

I'm not deliberately being a pain in the arse over this but I am curious what legal recourse a police officer has in this kind of situation.

Skyryder

Just noticed the post on how documents are served. Bugger on 1(a)
Thanks Marty of your input.

Skyryder