Speeding the next step

[rastuscat]

So if i keep my lights on and try to get away, would it still be just dangerous driving? Or is "failing to stop" automaticaly reckless driving...

...it would be kind of unfair to call it "reckless" as i wouldnt be trying to get away recklessly...actualy i would try to get away as safely as possible

Reckless and dangerous driving are covered by the same section of the Land Transport Act, and have exactly the same penalty. Cops only use the reckless charge for the most serious cases, as it is far harder to prove.

Most traffic charges have no requirement to prove mens rea, being latin for intention. Reckless does, but dangerous doesn't.

Basically, dangerous is fairly easy to prove.

However, there is a mandatory 6 months disqualification for dangerous (and reckless), and judges are often reluctant to take someones license away for 6 months unless the charge is fairly legit. Often, a judge will drop a charge of dangerous to one of careless in order to impose a shorter period of disqualification.

All from my experience, not from a book of rules.

So there.

[scumdog]

So if i keep my lights on and try to get away, would it still be just dangerous driving? Or is "failing to stop" automaticaly reckless driving...

...it would be kind of unfair to call it "reckless" as i wouldnt be trying to get away recklessly...actualy i would try to get away as safely as possible

Oh, the average Jow might get off altogether but I'm sure you would be able to talk it all the way up to reckless...

[red mermaid]

Yes, but would you lock MK up for Reckless?

[miloking]

Reckless and dangerous driving are covered by the same section of the Land Transport Act, and have exactly the same penalty. Cops only use the reckless charge for the most serious cases, as it is far harder to prove.

Most traffic charges have no requirement to prove mens rea, being latin for intention. Reckless does, but dangerous doesn't.

Basically, dangerous is fairly easy to prove.

However, there is a mandatory 6 months disqualification for dangerous (and reckless), and judges are often reluctant to take someones license away for 6 months unless the charge is fairly legit. Often, a judge will drop a charge of dangerous to one of careless in order to impose a shorter period of disqualification.

All from my experience, not from a book of rules.

So there.

Ok thanks for the clarification, it all makes sense now ...since i dont have any first hand experience with this and would like to keep it that way

[miloking]

Oh, the average Jow might get off altogether but I'm sure you would be able to talk it all the way up to reckless...

Who said there would be any chance for talking, by the time your lovely SV6 gets properly moving...i would be at home sipping my beer and having good laugh watching news report and "police looking for rider on black motorcycle"

[scumdog]

Who said there would be any chance for talking, by the time your lovely SV6 gets properly moving...i would be at home sipping my beer and having good laugh watching news report and "police looking for rider on black motorcycle"

I was thinking more of the visit to you in hospital after you binned.

Bugger chasing you...

[miloking]

I was thinking more of the visit to you in hospital after you binned.

Bugger chasing you...

Well i would be pretty safe until your "buddies" would call off the chase....everybody always bins it about "5" seconds after that

[scumdog]

Well i would be pretty safe until your "buddies" would call off the chase....everybody always bins it about "5" seconds after that

So THEY say.

But we know they binned hours ago and needed somebody else to blame (A phenomina of the 21st century - "it's somebody elses fault")

[SMOKEU]

I was thinking more of the visit to you in hospital after you binned.

Bugger chasing you...

With all these politically correct "If there is any unjustified risk to members of the public you must abandon pursuit immediately, do you acknowledge?", that's what the good old "accidental U turn in front of a motorcyclist" trick was invented for, didn't you know that?

[Max Preload]

Well, what's the difference between careless and dangerous driving?

Whether or not the donuts were fresh that day.

[onearmedbandit]

Did they impound the bike? Or let you push it home?

Back in the day when I was young, dumb and riding in the sun, I had a few run-ins that meant my license and I had a long distance relationship. However I was lucky enough to never have had my bike impounded and I always got a lift home in a Commodore. Now I'm just more careful on the road, as the last judge back in '05 suggested.

[madbikeboy]

In basics: careless is 'driving in a manner a normal prudent motorsist would not' -or something like that, generally being unintentionally careless..

Dangerous is more a deliberate thing - but they overlap at times.

So, given that no normal prudent motorist would actually ride one of those newfangled motor-siccles, does riding therefore count as careless? Or accidentally lifting the front wheel for a kilometer or two, does that count as careless? What about thinking impure thoughts while riding past a hot chick on a Vespa who is carrying a latte and a cell phone in both hands while you're not wearing ATGATT? Or waving? I mean, you need to lift your hand from the bar to wave, right? Is that careless...?

I was singing in my head this morning as I drove, (Sigh, I know); since men can't multi-task, surely this act was also irresponsible and careless?

[miloking]

Back in the day when I was young, dumb and riding in the sun, I had a few run-ins that meant my license and I had a long distance relationship. However I was lucky enough to never have had my bike impounded and I always got a lift home in a Commodore. Now I'm just more careful on the road, as the last judge back in '05 suggested.

Well last time i had "run in" with police was about 6 years ago before i had a motorcycle licence at all (young and stupid too)...and the kind policeman rode my GSF400 to the station (luckily my helmet fit ok) while his buddy gave me lift (i got to ride in a front seat) but there was no small talk...as he was pretty angry with me for "taking too long" to "pull over" (um about 2 minutes,lol)...since then i decided i wont do runner ever or until i get a faster bike.
In the end those two were the nicest cops i've met....since the whole thing just cost me $400 and no demerits for not having a licence and my mate with full had to go and pick up the bike for me.
(since then getting learners and restricted ended up costing me way more as breaches of individual licence conditions used to be $400 each...and fuck having a "L"-ooser plate)

[R-Soul]

since men can't multi-task, surely this act was also irresponsible and careless?

I would be typing a smart reply to this right now, but I am chewing gum...

[R-Soul]

But don't they usually withdraw the ticket at the very last moment once you threaten to go to court?

They would have to really, unless tehy wanted to waste state money. In order to be convicted of an offence, you have to be proven guilty beyond reasonable doubt. I dont see any judge taking a cops word for it without reasonable doubt.

Any decent lawyer would just try and undermine the cops credibility a bit by asking a few questions, showing a few videos, etc. no one should ever actually be convicted this way.