Court Monday

[Badjelly]

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[Badjelly]

cant afford it, but am still waiting to hear from blade about the silencers he was gunna make for it.

Oh yes, you're "everybody hates me!!! :-(" & "shut the f*** up!!!!!!!".

I hope you get that sorted soon.

[NOMIS]

Oh yes, you're "everybody hates me!!! :-(" & "shut the f*** up!!!!!!!".

I hope you get that sorted soon.

Thats me... I went and saw Blade last week still havnt heard back from him. If you see this blade ive got the money aside for you and still waiting :-)

[Swoop]

Don't admit that it has a race exhaust...only say that the exhaust is what was on it when purchased.

Correct. It is AN exhaust that is fitted to the bike which has passed a WOF inspection without any issues. Stress that point.

[Sanx]

Do use the changing down as explanation for the louder exhaust note, but don't mention rev ranges as you sound like a hoon.

I would disagree with that last statement. The point he made was perfectly valid. A little 250cc 4-pot screaming along at 9,500 rpm might sound like it's having the tits revved off it (i.e. being ridden by a danger to society), but given the engine's redline is 19,000 rpm it's only running at half its designed speed. Making a comparison to driving a car at 3,500 revs is a valid method of explaining how perfectly normal actions can appear to the ill-informed as something completely different.

If NOMIS uses the comparison as an explanation as to why it sounded like he was going fast, then it will work in his favour. Something like:

"The sound my motorcycle makes often gives a false impression of speed, especially in situations where visibility is restricted. The engine is designed to redline at 19,000 rpm. The bike's gearing is matched to this; for example, 100kph in top gear equates to 10,000 rpm [don't say this if you're on your learner's licence]. This may sound excessive, but given the engine's design parameters it's perfectly normal. A normal family car's engine will have a redline of around 7,000 rpm. It would be considered normal to drive a family car with the engine between 2000 and 3500 rpm. This equates to between 6000 and 10,000 rpm on my motorcycle.
Most drivers equate the engine note they hear with the speed of the car. A rapidly rising engine note denotes strong acceleration. An engine revving hard denotes high speed. Given it was dark, and by the officer's own admission he could not see me after I crested the hill, this perception has led the officer to believe I was travelling considerably faster than I was. Well, that and the fact he's got a tiny penis."

[NOMIS]

. Well, that and the fact he's got a tiny penis."[/QUOTE]

hahahaha yeh that should work, cant believe someone witha tiny penis.
He was actualy really nice there where 6 cop cars in my road, I live right next to waitakere headquaters.
So i guess he had to do something considering they where wasting something like 10police officers time. I also live next door to a cop. whom i dont get along with incredably well.

[PJ_tpl]

yo simoooon. Day off monday. court then fish yah?

[NOMIS]

hmmm yeh i can scam a day off work i guess hahaha fishing sounds good but might have to fit that headlight, i don't no guess i could take a annual. just hope that i am seen straight away.
Chur.

[Winston001]

Okay Nomis......bummer. This is a serious charge.

The police don't have to clock you at a specific speed - all they have to do is describe the way you were riding (including noise) and the conditions at the time. The police are skilled at describing dangerous speeds/driving so be prepared for some exaggeration. For example they may say they were travelling at 120kpm through surban streets at night and couldn't gain ground on you.

Here are a few thoughts to help you.

If you are going through a defended hearing then your letter is only of help as notes for yourself. Nothing to prevent you submitting it in evidence but what you are going to have to do is be sworn in and give oral evidence to the Court. And the Police Prosecutor can cross-examine you.

You appear to have already admitted you were the rider being pursued by the constable so if he identifies you as the person arrested, you can't easily argue it was someone else. You could have if you'd refused to do more than give name occupation and address when interviewed.....but most of us don't think of that at the time.

Driving at a Dangerous Speed has a mandatory 6 months loss of licence (from memory) if you are convicted.

Don't tell the Court that you gained 80m on the police - that's like admitting you were going much faster than a pursuing police car!!

If you are polite and respectful in giving evidence and stop yourself getting angry with the police prosecutor, the judge may give you the benefit of the doubt and convict of exceeding the speed limit. You might even be acquitted.

[MaxB]

I have read the documents. Just some random thoughts.

The best outcome for you is that the cop is a no show. It happens more than you think due to staffing crises or emergencies. But you would be very, very lucky to get off.

The problem is that your fate depends on what judge you get.

The worse case is when they decide to make an example of you. The cop’s word is considered gospel so you are up against it. They are experienced in presenting evidence. They will state that you admitted traveling 80 kph and that they had to go looking for you.

I think you have to present yourself to the judge as someone who is a good member of society who did a one-off stupid thing and promise it won't happen again.

You might try explaining about the bike how it is a slow J-spec learner bike engineered to sound like the racers so it makes a lot of noise with no go. So people might think it faster than it is.

I would recommend some proper legal advice rather than relying what is on here. I hope it goes well for you. Good Luck.

[NOMIS]

Cheers.

Yes in the police statement it says he was in pursuit of me in speed excessing 100kmph, My dad has a v8 commodore and ive nailed it time and time again up that road trying to see if what he said is tru and no way i hell did he get that fast the fastest i got out of the v8 was 95km but i cant exactly bring that up in court can I.
I will be polite and respectfull. the thing is if I said it wasnt me I could of got off it no bike gear on the bike was cold ect, And down the side of my house throught the gate. But yes to late now as you have said.
My mum also has a Turbo caldino TRD model and i cant even get that to 100kmph around the street so who knows maybe the cop was on drugs at the time???

[Patrick]

Correct. It is AN exhaust that is fitted to the bike which has passed a WOF inspection without any issues. Stress that point.

Not necessarily... is it the pipe that actually went through the testing process? Or is it one fitted after removing the sewing machine sounding one that passed the WOF????

I would recommend some proper legal advice rather than relying what is on here. I hope it goes well for you. Good Luck.

Without reading the whole thing, some good advice right here. Discuss with legal aid your findings and issues and see what they think (for free). Be aware though, they might like to take it on just so they can get on the gravy train and be paid for any and every appearance they make for you.... even if you're as guilty as sin... but in this case, clearly two sides to the story... Seek full disclosure including notebook entries and ask about a transcriptor copy of the recordings from the Communications Centre relating to this "sort of Claytons" pursuit.

[NOMIS]

yeh have done this thanks patrick.
Ive taken the help i have got from here and i am going to show a duty solicitor on the day and see what he thinks,
A girl at work read what was on there whom has a law degree and she agrees with one of the posts with the notice number as the attachment and added a few things but she said it all depends if the judge can comprehend how a motorbike works or if he or she is a prick or not.

[Winston001]

You could apply for legal aid but since you are working.......

Talk to the Duty Solicitor by all means, good idea.

Incidentally, anyone who thinks legal aid for this type of offence is a gravy train needs their head examined. The legal aid system is falling to pieces because it is so badly paid and in some NZ courts, there are no lawyers available for legal aid at all.

[Patrick]

Incidentally, anyone who thinks legal aid for this type of offence is a gravy train needs their head examined.

Not necessarily this case...

Was thinking more of the burglar I caught red handed with the duvet full of electronics as he came out the door of the house he was burgling.... That got dragged through the legal aid system for ages, with multiple appearances and a fully defended hearing..... WTF?????

Shame the dog handler arrived 1 minute too late - now that would have been a "sentence"!!!