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Thread: Police Officers' expertise sought

  1. #31
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    Quote Originally Posted by Renegade View Post
    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 impound form contains tick boxes which give the reason for impounding the car. The unnecessary speed / acceleration reason is one tick box. As he has been charged with neither offence, who knows which of the two the officer intended to use. Either way - the reason given is dubious.

    Quote Originally Posted by Renegade View Post
    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.
    Not sure what documentation Mark has got. I'll be reviewing it when I meet up with him.

  2. #32
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    Quote Originally Posted by tommorth View Post
    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
    Unfortunately - you got screwed. You should have been able to claim the towage fees back as you were found not guilty. A decent lawyer could have also asked for compensation for expenses incured by not having a vehicle.

  3. #33
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    Quote Originally Posted by Drunken Monkey View Post
    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.
    Understood, DM. What I'm trying to find out is mainly Police procedure and process.

    Quote Originally Posted by slopster View Post
    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).
    Thank you - that's good advice. I didn't know that service existed.

  4. #34
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    Quote Originally Posted by Constable Plod View Post
    Contact the local station to the offence (New Market from memory) and ask to be put through the impounds officer. That person, usually a Senior Sergeant will be responsible for all appeals regarding impounds. They are likely to be based at Auckland Central. Skid will need to obtain an appeal form from a staion and complete it including having it sworn as true and correct in front of a JP.

    What does the impound form state the reason for impound is. My guess is 'unneccessary display of acceleration or speed' if so then the impond is legal.
    Needs to be charged with that offence... he hasn't... Impound is not available for Dangerous Driving.

    Quote Originally Posted by FROSTY View Post
    Im happy to stand corrected but I thought dangerous driving meant instant loss of licence and vehicle impound
    Nope...

    Quote Originally Posted by Sanx View Post
    He was not given the impound form, which doesn't help matters much. However, I would have thought a reason for an impound must match any charges laid. He wasn't charged with either of the "Unnecessary display of..." offences. Is this assumption incorrect?

    I've got the name of the Impound Sergeant at Auckland Central. But he's not answering his phone right now.
    Leave a message, or ask for his supervisor... If not charged with unnecessary display of speed or participating in a race, no impound.

    Quote Originally Posted by don rocard View Post
    The police are notorious for ,not even listening,so let them do their thing as you wont win against these churls.


    Quote Originally Posted by Sanx View Post
    He claims he was not given a copy, and when he asked the officer who'd ordered the impound, she said she didn't have a copy she could give him. One of them's telling porkies, for certain.

    It will be on the prosecution file... call Prosecutions Section, AUCKLAND for a copy

    Incidentally, the grounds for appeal for the impound also includes the officer not complying with the notice requirements set out in section 96(2) of the Land Transport (Offences and Penalties) Regulations 1999. The officer must give a copy of the impound notice to the driver unless he's fled the scene. As Mark was in custody, it's obvious that he didn't flea and he should have been given one. They must 'as soon as practicable' also post a copy of the impound notice to the registered owner of the vehicle at the address recorded on the Register of Motor Vehicles - which hasn't been done, unless 'as soon as practicable' means it takes two weeks.
    So one is in the post... a bit like the cheque... Maybe it is, maybe it isn't, but not a ground for the bike to be released.

    The ground for appeal and for the release of the bike is that it was impounded without reason.

  5. #35
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    the officer impounded the bike at the scene.

    as in i watched the towtruck come take it away talked to the towie etc...

    he had the impound form infront of me.....when i got to the station i handed over my bag...helmet etc...

    put me in a cell printed me etc...on my way out the female officer (who just does stuff at central i assume) not the arresting officer.... i asked her for a copy ....she said it should be in your bag, i checked my bag and said well thier isnt one.... she said well the courts will have it you will have to get it then...

    when i was at court i asked and they said they did not have it either and i would have to go to the cop shop as the impound was not part of the case...

    so today i rang the towyard that currently has my bike under impound for 28 days.... i got them to look up the impound form from the cops, she said the boy racer box is ticked i said anything else written there, she said it can mean either unnecessary exhibition of speed , or drag racing,

    i was charged with neither, only dangerous driving.

    my other question is...if i say hey i wasnt charged with either of these, can they charge me with them and go well there ya go!, or is it too late to do so, or can they lay more charges whenever they like?

    Regards: mark

  6. #36
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    They're the police, and it seems they've been watching too much Judge Dredd.

  7. #37
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    Patrick, cheers for that clarification. like I said, its been awhile since I have had to use the legislation and my current role doesnt see to many fingerprints racing or doing bunouts.

  8. #38
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    Quote Originally Posted by skidMark View Post

    my other question is...if i say hey i wasnt charged with either of these, can they charge me with them and go well there ya go!, or is it too late to do so, or can they lay more charges whenever they like?

    Regards: mark
    yeah they got six months to lay traffic charges but it would be a little on the nose to lay further charges just to keep your bike in the impound but by the shambles this case has been from the start and cops not doing what seems to be the basics with paper work it wouldnt surprise me.

    p.s post your summary of facts

  9. #39
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    Result!

    Well, Mark and I both just received phone calls from a Constable in the Police Impound 'department' informing us that they've decided to release the bike immediately without charge as it should not have been impounded in the first place.
    Kinda odd, as we hadn't got around to making a formal appeal at all, so I'm wondering if one of the officers on here had made a call on Mark's behalf. If so, thank you.
    Mark still has his licence for a few more days, so is going to pick up the bike either today or tomorrow, provided he can get it home with a broken gear linkage.
    Thanks for all the advice and suggestions. Hopefully neither myself or Mark will have to use them in future. You listening, Mark? Good.

  10. #40
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    Quote Originally Posted by Sanx View Post
    Well, Mark and I both just received phone calls from a Constable in the Police Impound 'department' informing us that they've decided to release the bike immediately without charge as it should not have been impounded in the first place.
    Kinda odd, as we hadn't got around to making a formal appeal at all, so I'm wondering if one of the officers on here had made a call on Mark's behalf. If so, thank you.
    Mark still has his licence for a few more days, so is going to pick up the bike either today or tomorrow, provided he can get it home with a broken gear linkage.
    Thanks for all the advice and suggestions. Hopefully neither myself or Mark will have to use them in future. You listening, Mark? Good.
    Dan - you tha man!

  11. #41
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    Quote Originally Posted by Sanx View Post
    Well, Mark and I both just received phone calls from a Constable in the Police Impound 'department' informing us that they've decided to release the bike immediately without charge as it should not have been impounded in the first place.
    Kinda odd, as we hadn't got around to making a formal appeal at all, so I'm wondering if one of the officers on here had made a call on Mark's behalf. If so, thank you.
    Mark still has his licence for a few more days, so is going to pick up the bike either today or tomorrow, provided he can get it home with a broken gear linkage.
    Thanks for all the advice and suggestions. Hopefully neither myself or Mark will have to use them in future. You listening, Mark? Good.
    With that in mind, could you not sue the NZ Police for loss of enjoyment while they had your bike? What about wrongful imprisonment of the bike, it would undoubtedly be suffering from stress and in need of some counselling. You could set yourself up as a motorcycle counsellor and comfort the bike in your own home (as well as yourself) then charge the Police by the hour. Did they service or wax it while they had it? Was it covered with a nice woollen blankie? If not you could also go them for failing to supply the basics of life.

    You could have some fun with that, surely?

    Seriously; if the cop's impoundment of the bike was unlawful then his judgement of what's dangerous and what's not is questionable, right?

    Post his name and/or badge number would ya?

  12. #42
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    You know pesea, if I was Mark, I'd be drinking a big glass of shutthefuckup about the whole thing at the moment. Don't post the cops name and number. It's probably a genuine mistake of judgement in the heat of the moment, a bit like what Mark did to spark the whole thing.

    Well done Sanx. Not bad for a first-time bush lawyer.

    And Mark. You got lucky - again. Please, please, please think about this now. You've gotta do something about this recurring problem matey. Don't go and get in more trouble.
    And I to my motorcycle parked like the soul of the junkyard. Restored, a bicycle fleshed with power, and tore off. Up Highway 106 continually drunk on the wind in my mouth. Wringing the handlebar for speed, wild to be wreckage forever.

    - James Dickey, Cherrylog Road.

  13. #43
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    Quote Originally Posted by riffer View Post
    You know pesea, if I was Mark, I'd be drinking a big glass of shutthefuckup about the whole thing at the moment. Don't post the cops name and number. It's probably a genuine mistake of judgement in the heat of the moment, a bit like what Mark did to spark the whole thing.

    Amen! Posting a cops name / number etc is just asking for trouble, and acheives absoultley nothing.

    Cops make mistakes as well - and they have owned up to it and have released the bike (well done - BTW - can you help with my possession of crack charge - they confiscated my shit as well).

  14. #44
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    Stuff that, not worth going thru any more hassle, congrats on the bike return, have fun riding home in 1st.. maybe you can get it stuck in 2nd gear and start on that

  15. #45
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    Quote Originally Posted by 422 View Post

    Cops make mistakes as well - .
    Quite right.

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