Legal advice wanted - Traffic offence

**FJRider** · 3rd August 2012, 21:57

Originally Posted by 98tls

Indeed,i know a pom that recently sold his Ducati to aid in the move to Australia,when talking to him a few weeks back i said "farkin hell it wasnt that long ago it would have been far easier to get caught stealing one and go by boat".

"You must spread" ....

**Flip** · 3rd August 2012, 22:35

Originally Posted by 98tls

And still walking,the speed at which the motorcycle is travelling with front wheel in the air seems to influence the charge

,then theres the Waitaki bridge incident

Why cant the past just be left in past

Not long to go.

Have you been a bad boy?

Time for the OP to get a Harley, you won't be popping no monos on one of those.

**rastuscat** · 3rd August 2012, 23:18

Offence against section 37 of the Land Transport Act 1998.

$3000, court may disqualify, 30 or 35 demerit, and a conviction.

It's what we charge someone with if there isn't a suitable instant fine, aka infringement.

It's what you've done if your driving isn't to the standard of a careful and prudent driver, objectively viewed.

It covers a full range, from someone who hits a car while parallel parking, to someone who crashes a red light and totals several cars.

So, the fine will depend on a variety of things. Time, place and circumstances of the offense. How mean the Popo was when they wrote up the paperwork. What sort of mood the JP is in. What previous convictions exist. Where in the country it happens.

There isn't a real national standard. Fair to say that $600 is quite high, in my experience. Courts never used to disqualify but it's become more common over the years. But so has diversion.

Of course, Azkle knows better than me.

**Kickaha** · 3rd August 2012, 23:45

Originally Posted by rastuscat

Azkle knows better than me.

In that case perhaps he could be hired to defend the charge

**tbs** · 4th August 2012, 02:05

Originally Posted by Kickaha

In that case perhaps he could be hired to defend the charge

I'd pay money to come along and watch Azkle explain to the judge why he has no legitimate authority over you on account of being a mere tool in the machinery of an illegitimate bastard government..... Or something to that effect..... You could sell tickets?

**scumdog** · 4th August 2012, 08:05

Originally Posted by Akzle

you admitted guilt then and there. fuck the judge, you pleaded guilty to the cop and were summarily judged. now all you need is a suitable punishment (sentencing), to try and ensure you don't infringe against their legislation in future.

)

You really do need to get a life....

**Padmei** · 4th August 2012, 09:20

A few years ago I had a head on on a one way bridge (lots of contributing factors but I was at fault) The cop was really good as he could see how it happened, how freaked out I was, bosses car etc & was ready to give us all a lift back into town.

Consequently I got a letter saying I was being charged with careless use of a motor vehicle causing a non injury accident (actually after all 4 of us went to hospital 2 of my workmates were off work for 3 weeks)

Anyway I didn't go to court & sent in a grovelling letter. I got a fine of $300 & 30 demerits.

That is from an accident that fricked up 2 cars & could have been fatal that I caused. I can't see doing a bloody wheelie being too high on their worry list. Don't let it stress you too much... unless you're hanging onto your licence by 10 demerits

**Murray** · 4th August 2012, 09:30

Originally Posted by rastuscat

Of course, Azkle knows better than me.

I wouldnt know because I can't be bothered trying to read that "look at me" green font he uses!

**Akzle** · 4th August 2012, 10:36

Originally Posted by FJRider

It's an offence under the Land Transport Act. (don't ask me what section) ... instant court case ...

offence under the LTA ≠ court case.
there's probably even a section that starts "it is a defence against charges in this section IF:...", within the LTA.

Originally Posted by tbs

I'd pay money to come along and watch Azkle explain to the judge why he has no legitimate authority over you on account of being a mere tool in the machinery of an illegitimate bastard government..... Or something to that effect..... You could sell tickets?

that's one option. and it works. you're welcome to attend any future court dates i have.

but this guy has already admitted guilt and accepted the jurisdiction of teh police/court. so no luck there. he has legitimised it.

**FJRider** · 4th August 2012, 20:01

Originally Posted by Akzle

since it's a "minor infraction" and your first offence? he might let you off with a warning. the other option would be suspend your licence (usually 28 days - you can argue but it costs a lot of money and generally by the time you've got your argument to court the 28 days has gone. - continue riding, but don't get caught again.)

It's a Traffic Offence ... not a Traffic Infringement.

A 3 or 6 month licence loss is often awarded ... as well as/with the court imposed fine.

**98tls** · 4th August 2012, 20:23

Originally Posted by Kickaha

In that case perhaps he could be hired to defend the charge

Not a bad idea you may well get off with an insanity plea,judge would figure anyone stupid enough to hire him...

**Ender EnZed** · 4th August 2012, 20:31

It doesn't really matter what you say, but make sure you wink at the judge as obviously and frequently as possible.

**FJRider** · 4th August 2012, 20:37

Originally Posted by 98tls

Not a bad idea you may well get off with an insanity plea,judge would figure anyone stupid enough to hire him...

Or ... get the penalty doubled ... for being as stupid as he is .... to think hiring him might help.

Might give the judge a giggle though ... I doubt if he gets many in a usual day.

**CookMySock** · 4th August 2012, 20:52

Originally Posted by Akzle

but this guy has already admitted guilt and accepted the jurisdiction of teh police/court. so no luck there. he has legitimised it.

Yep, a little unfortunate.

Always deny and disagree. Never apologise, capitulate, or agree with anything at all . Don't touch, handle, or otherwise accept any documentation handed to you, and return-to-sender any that is posted to you, and forbid the person concerned from attaching any paperwork to your vehicle. Explain to the officer that you do not wave your right to a hearing, or any of you other rights. Explain that you reserve your right to a hearing, and all of your other rights.

Explain to the magistrate that did you emphatically did NOT do anything of the sort, and that you won't be coerced into admitting to anything, and when he asks whether you consent to his jurisdiction (he must) look annoyed and tell him "thank you kindly but you do not!"

**FJRider** · 4th August 2012, 21:03

Originally Posted by CookMySock

Explain to the magistrate that did you emphatically did NOT do anything of the sort, and that you won't be coerced into admitting to anything, and when he asks whether you consent to his jurisdiction (he must) look annoyed and tell him "thank you kindly but you do not!"

Then His Honour has the option to dismiss ... or send it to a higher court.

After reading your sig ... are you steve's boyfriend ... ???