Unnecessary exhibition of speed or acceleration

[Skytwr]

Quote"To get the vehicle back, one has to go to court and essentially prove one's innocence. But that's not a case of proving that you did not accelerate in an 'unnecessary' manner; you have to prove that the officer did not have reasonable ground for believing you to have done so"

this is not correct, to try and get ones vehicle back you can fill out the appeal form have it signed by a JP or Senior Member of Police stating that what you are saying is true and correct and then the Police have 5 days to consider it for giving back of the vehicle. they are then kept on file. It has been good to have a copy for court to produce as evidence when the idiot for got what he wrote down and then changes his story. As he said it was a true record when the JP signed it, they then look bad in front of the judge as they have to explain the difference.
This law brought in was a watered down version of the American laws. They don't give the vehicle back they crush them.
I also agree that the fine for pouring diesel or anything on the roadway is too low.
The forms for the appeals are at the front counter of most Police stations.

[Pancakes]

excessive by definition means 'inordinate', 'beyond normal limits', how do you define the 'normal' rate of acceleration for your vehicle. lets presume a normal rate of acceleration was 50% of throttle, i could get to 50kph at 50% throttle in about 1-2 seconds, i'm sure they would consider this excess, but in the relative scheme of things, is it?

I got arrested for bridge swinging and done for "disorderly behavior". My first question was what is that? Whats th discription? No one wanted to tell me, I used my legal aid call to ask the duty lawyer who reminded me it was 2:30am and advised to plead guilty to whatever it was cos I probably did it then hung up. I asked to have a proper legal aid call and they said nup, that was it! The point is the charge (I found out in the end) hinges around disorderly being based around what members of the public perceived as being normal behaviour!! As if the cops having free reign isn't enough people with nothing better to do can say we are doing something they don't think we should be and it IS against the law, their opinion forms the standard you are judged on.

Bullshit, don't even get me started, I did take diversion for the second time : )
tho, so there goes that urban myth.

'unnecessary'

ie, not necessary. You didn't need to do that, therefore it is unnecessary. What crap, you can only act in a functional, purposeful manner. It needs to have been necessary for the purpose of your travels. Could you have done it slower and served the same purpose? Yes? Done!

I have a slow bike so I get to give full throttle in 1st, 2nd and sometimes all the rest of the gears and while pulling away from all the cars don't get hassled by the man. In saying that I've stopped looking for cops while lanesplitting and got done less! I figure I should be looking at the dumb cars and not trying to spot the undie commodores and bike cops that cruise in the lanes hiding from me. If I get tickets and to stay in one peice too it's worth it.

[Puddlejumper]

ok this is a bit off topic but reading posts about oil on road and $6000 fines reminded me of a painful moment as I limped over to look down at my bike twisted through a wire fence. I had hit a line of diesel or oil on a corner. Thing is, a lot of truckies and cage drivers know their vehicles spit crap over the road (The huge stain on their driveway is a bit of a giveaway) but don't do anything about it. To my mind that is intentional spreading. They should be fined and spanked.

[gambit]

done it in front of the police and nothing happened . maybe they were in a good mood eh

[Chilling_Silence]

Sadly a lot of the time, noise is associated with speed / acceleration.

Theory: If you dont go over 50kmph when accelerating then they cant do you.
Problem: Most people wont stop at 50kmph, but rather go over to 55, maybe 60+
Solution: Dont accelerate quite so fast. You're going to reach 50kmph im all of about 2-3 seconds, and sure you might get there a slight bit faster than the car behind you, but basically you're stuck going right on 50Ks to cover your ass. Within all of about another 2-3 seconds, you will quite likely have been passed by the car in the other lane who's doing 60kmph but just took a little longer to get there than you did. Then there's the question of 'why did you need to get away so fast if you were going to sit right on 50?' Ive known people who've had that asked before.. and been let off!

Its all just part of the thrill: You accelerate too fast, you could pay the price. Chances of that are slim if you're being 'sensible', but still there...

Heck, you dont have to be doing anything wrong at all to be pulled over. I was driving home (west) from town along the motorway at 2am with the top down in my old '92 MX5, centre lane of the motorway doing 95kmph, silencer was in so car was pretty much quieter than a standard MX5, music was Adeaze and it was playing at a barely audible level over the wind rushing past.. yet I still got pulled over and got the full breath test, check WoF, Rego, vehicle height, license, yadda yadda...

That was just after the new anti-boy-racer laws were passed.
Seriously, sucks, but appears nothing can be done about it

[Max Preload]

The real issue is the fact that such a purely subjective action is an offence.

Just remember, it's not uneccessary if you're doing a runner!

[craigs288]

[QUOTE]
But, there must be *someone* to witness the exhibition, I think, And the defendant would have to be shown to be aware that the observer was there .

So, for instance, hard acceleration into a 100kph area with no other traffic around - it would be hard to argue that was an "exhibition" [QUOTE]



BUT..... if a police(wo)man issues you an infringement notice for this offence, it implies they saw you doing it, which in turn makes them the 'audience of one' required to 'witness your exhibition of speed'.

Q.E.D.

[craigs288]

Quite right, it's an interesting government we have, led from the front by a person who signs other's artworks. Everything expands exponentially from there. Power corrupts and all that............

What do you mean 'we'??? I certainly didn't vote for any of the f$%kheads that are currently in there ruining our country and reputations.
There is nobody in Par-LIAR-ment that represents me and what I want.
Yet they take my taxes and pay their own wages with it and then create more laws and taxes to empty my pockets further.
Dammit!! I would like to have been a bloody politician for the money, but I couldn't stand the though of f$%cking innocent NZ'ers in that way while being hated so much for doing it.
Plus I thought it would involve having all my teeth removed so nobody could ever accuse me of lying through them

[scumdog]

Heck, you dont have to be doing anything wrong at all to be pulled over. I was driving home (west) from town along the motorway at 2am with the top down in my old '92 MX5, centre lane of the motorway doing 95kmph, silencer was in so car was pretty much quieter than a standard MX5, music was Adeaze and it was playing at a barely audible level over the wind rushing past.. yet I still got pulled over and got the full breath test, check WoF, Rego, vehicle height, license, yadda yadda...

That was just after the new anti-boy-racer laws were passed.
Seriously, sucks, but appears nothing can be done about it

So just by the fact your car had nothing obviously wrong with it and you weren't doing anything 'wrong' the cop was meant to know you had an appropriate licence, you were sober and the car wasn't stolen? Amazing!

[Renegade]

i think the the question has been pretty well answered, and to prove the case the following ingredients need to be proven....

Unnecessary - there was no reason to fang it in the first place (although we love it)

Exhibition - you have to have an audiance you are showing off to or appear to the officer to be showing off to.

Acceleration - usually given away by the tye squeal, how else can you judge it?

Speed - exceeding posted speed limit by 11kph, after all we do have an 11kph tolerance.

Also seriously fail the attitude test, i.e lippy little prick, 95 demerit points, flash car and $30k in outstanding fines.

I have personally seen a case fall over because one of these ingredients wasnt satisfactorily proven.

Revenue gathering - just for the record the police dont get a dime of the ticket money, if the did i'd have reasonable gear and a hummer SR/T to ram those inconsiderate pricks that dont understand that flashing red and blue lights mean get the f**k out of my way so i can thrash the holden to go help some one who needs it.

[scumdog]

i
Speed - exceeding posted speed limit by 11kph, after all we do have an 11kph tolerance.

Of course if you're 'gobby' enough you COULD get a ticket for 102kph........

[Pancakes]

The attitute test, have no preconceptions about the PERSON who has stopped you. If I get pulled over and I have been speeding I'll slow down so the cop knows I'm stopping for them, stop in a safe place for us both and not give them shit. It sounds a bit gay but really, you go to work and don't need assholes to give you shit all the time, I'll petition to change rules and if someone does you wrong, go hard out, get justice and teach them a lesson but if your speeding (etc) and a cop pulls you over they're not a dick if they do you (although they might be dicks in general) if you AREN'T a dick you might just make customer of the day and get a warning. Remember, cops see all the smeared bodies and deal with the real scum to a degree where it would affect your judgement to a degree. Thats not dissing the cops, just reality, what you experience day in, day out becomes the truth. If you pick your times for two wheeled fun you never know your luck!

[Pancakes]

Oh yeah, I had a little truck, a Dyna or something simalar that would leave a good diesel slick behind it. I followed it home one day and in my least menacing and most polite way let them know that they might not be aware but they were leaking fuel oil, the guy laughed and said "so what" and went inside. I called the cops and said XXX vehicle at XXX address leaves dangerous slicks all over. They said it would get picked up at WOF time, I asked about the "boy racer" slippery crap on the road thing (not exact words) and they sais that was for illegal drags, I asked why and they said cos people hit the oil and crash (true) so I said so this guys oil won't make people crash and the office person said "look, it's not up to me". Our coversation ended but whats the deal? Oil on the road is bad, if people get told they should fix it, if they don't they should get fined. Whats the deal?

[peasea]

i
Speed - exceeding posted speed limit by 11kph, after all we do have an 11kph tolerance.

No we fuckin don't. I have the paperwork to prove it. 111kph, eighty bucks, twenty points.

Oh yeah, I had a little truck, a Dyna or something simalar that would leave a good diesel slick behind it. I followed it home one day and in my least menacing and most polite way let them know that they might not be aware but they were leaking fuel oil, the guy laughed and said "so what" and went inside. I called the cops and said XXX vehicle at XXX address leaves dangerous slicks all over. They said it would get picked up at WOF time, I asked about the "boy racer" slippery crap on the road thing (not exact words) and they sais that was for illegal drags, I asked why and they said cos people hit the oil and crash (true) so I said so this guys oil won't make people crash and the office person said "look, it's not up to me". Our coversation ended but whats the deal? Oil on the road is bad, if people get told they should fix it, if they don't they should get fined. Whats the deal?

Good point. Would they take the same attitude if some attractive young woman was stuck in a dodgey situation in Piha and she thought her life was in danger?

Oops...

[Sanx]

So just by the fact your car had nothing obviously wrong with it and you weren't doing anything 'wrong' the cop was meant to know you had an appropriate licence, you were sober and the car wasn't stolen? Amazing!

Driving under the speed limit in a sensible manner, even late at night, is not just cause for being pulled over. If Chilling_Silence is to be believed (and we have no reason not to), the Police even measured the vehicle ride-height. This does rather smack of a fishing expidition, no?

Unnecessary - there was no reason to fang it in the first place (although we love it)

That might be your definition of unnecessary, but it's a purely subjective one.

Acceleration - usually given away by the tye squeal, how else can you judge it?

Who says you have to judge it? You can measure it. In metres per second squared or in kilometres per hour per second, it doesn't matter. Acceleration is measurable and quantifiable. Measure the speed at one point. Measure it one second later. The difference between the two speeds is acceleration. Hardly difficult, is it?

Speed - exceeding posted speed limit by 11kph, after all we do have an 11kph tolerance.

Yes, we do. Except when it's not applied. Which is purely at the discretion of the officer.

Of course if you're 'gobby' enough you COULD get a ticket for 102kph........

Careful now. The way Comrade Helen and the Politburo are going, phrases like 'gobby enough' might end up in the new anti-speeding legislation. It's about as subjective as half the terms in the 'Boy Racer' act.

Good point. Would they take the same attitude if some attractive young woman was stuck in a dodgey situation in Piha and she thought her life was in danger?

Now now. That's uncalled for.