Police Officers' expertise sought

[marty]

the more i hear, the more it sounds like there's a bit more to it. i doubt whether the impound yard would take the car without an impound notice, so one must have been done, if in fact it was impounded, and not just towed for 'safekeeping'

[Sanx]

the more i hear, the more it sounds like there's a bit more to it. i doubt whether the impound yard would take the car without an impound notice, so one must have been done, if in fact it was impounded, and not just towed for 'safekeeping'

An impound notice was done - it's just that a copy of it was not given to Mark or posted to him (as the registered owner) of the vehicle. That in itself is grounds for appeal. However, the impound yard has provided Mark with a copy of the impound notice. According to that, the vehicle was impounded because the officer believed on reasonable grounds that Mark had operated in the vehicle in a race or an unnecessary exhibition of speed or acceleration in contravention of section 22A(1) of the Land Transport Act 1998.

Except he's not been charged with the offence that goes along with it. So - ignoring the officer's failure to comply with the impound notice requirements, can the vehicle be impounded without the appropriate charges being laid?

[terbang]

Reading through a few threads here it sounds like this individual will benefit from a 28 day period of walking. If he rides dangerously, as he boasts to all of us, then he is at risk of killing himself. Fair enough as its his life. But unfortunately he is also in command of a lethal weapon that could kill someone else too, maybe someone we know or a member of our own familys.

[ManDownUnder]

But unfortunately he is also in command of a lethal weapon that could kill someone else too, maybe someone we know or a member of our own familys.

A good point and well made.

blingo.

[Mom]

I'm trying to help SkidMark....
SkidMark's indicated he's going to try to change his ways. Perhaps you guys can help me help him do this.

Cheers,
Dan.

Thank you for taking the time to help.

I cant offer any legal advice, but have been known to dish the odd Mark lecture from time to time, whistle out if you need someone to do that wont you.

[Sanx]

Reading through a few threads here it sounds like this individual will benefit from a 28 day period of walking. If he rides dangerously, as he boasts to all of us, then he is at risk of killing himself. Fair enough as its his life. But unfortunately he is also in command of a lethal weapon that could kill someone else too, maybe someone we know or a member of our own familys.

In regards to the title of your post ... Do the crime, do the time. But, as I increasingly suspect in this case, the 'time' is not what's mandated for the crime?

[DougieNZ]

How do you know he didn't leave the notice at the police station or throw it in the rubbish??

In that case, he could be taking YOU for a ride....

[Sanx]

How do you know he didn't leave the notice at the police station or throw it in the rubbish??

In that case, he could be taking YOU for a ride....

I don't know. And I can't know. However, I will take his word for it.

[tommorth]

this hole thing is screwy i have been charged with the boy racer legislation before and had my car impounded had no car for a month had to pay the 300 odd dollars to get it back gone to court pleaded not guilty as it was over the top wrong place wrong time and i got off but had a month with no car and a $300 fee from the towy any way

[Renegade]

According to that, the vehicle was impounded because the officer believed on reasonable grounds that Mark had operated in the vehicle in a race or an unnecessary exhibition of speed or acceleration in contravention of section 22A(1) of the Land Transport Act 1998.

so which one was it speed? or exceleration? cant have both thats "double dipping" and they are both separate charges, and not being charged with either of them surely negates the impound, maybe the said officer realised she cant prove it as they are hard to prove and the exhibition of speed usually attracts a speed ticket.

the officer hasnt lost her copy,its attached to an impound file at the station shes based and thats what the senior will be looking for when you appeal, did mark get his disclosure pack? read his summary of facts to get an idea of what the story is and how the impound is associated with the charge.

[Drunken Monkey]

I'm in no way bad-mouthing police officers, but it seems to me Sanx that you should be directing these questions to a lawyer, not a police officer, if you're really trying to help SkidMark. The police have their training/procedures for enforcement of the law, but many of them aren't required to completely know/understand how/when/where it always applies. I'm sure there are officers here that can impart some wisdom and well-informed opinion, but what you really need here is legal advice.

[peasea]

this hole thing is screwy

I've come across one of those before.
rofl

[peasea]

I'm sure there are officers here that can impart some wisdom and well-informed opinion.

Chuckle...........

[slopster]

Get him to ring Youthlaw its in the phonebook. They will let him talk to a lawer for about 15minutes at no charge for under 25's. They have given me some good advice on my problem (see my thread on unsafe passing manouver).

[Matt_TG]

First things first, there is no such act of legislation as 'The Boy Racer Act' therefore you cannot be charged with an offence under a non existent act.

The Police's own PR website calls it The "Boy Racer" Act so I guess we have no issues with doing the same.

Regardless of who the rider was, the main issue that is raised is Section 6 of this page:
http://www.police.govt.nz/service/ro...erdetails.html

It is clear on that basis that in order to impound the rider/driver must be charged, subject to the waiver "intended to provide general information about the Act but is not a substitute for legal advice".

For some reason the type font in that section is different, perhaps it's been altered recently? On the face of it, if the rider is not charged then they cannot impound the vehicle. BUT it doesn't say what they should be charged with ....

In order to determine if this is correct one needs to wade through the Land Transport Act 1998 \ Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003.

Ring the Youthlaw helpline mentioned earlier I reckon.