Legal advice wanted - Traffic offence

**RUSS** · 13th August 2012, 20:21

The nice policeman was all set to impound your bike under the boy racer laws (unnecessary exhibition of speed) which could be argued. Luckily I had a word with him and he only charged you with careless. Don't stress about the charge. You could just plead guilty by letter but my advice is phone and the police prosecutor Sgt. Ian HORSLEY and ask about diversion. Sign the sorry book and don't pull wheelies at 10:30 am on a busy motorway. You would be pushing it up hill to defend it and argue doing a wheel stand on the Grafton Road onramp was the actions of a normal prudent motorist.

**rastuscat** · 13th August 2012, 20:26

What the last bloke said.

Horse is a decent bloke.

**RUSS** · 13th August 2012, 20:35

Originally Posted by FJRider

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.

No It's not. I have charged loads of people with careless use and never, ever has one been disqualified. Ever. In this case I would say probably diversion (police withdraw charge) or convicted and discharged (no fine) or maybee a $200 fine plus $139 court costs worst case.

A conviction for careless won't even usually prevent someone joining the NZ Police but sure doesn't help.

**Akzle** · 13th August 2012, 20:37

Originally Posted by RUSS

The nice policeman was all set to impound your bike under the boy racer laws (unnecessary exhibition of speed) which could be argued. Luckily I had a word with him and he only charged you with careless. Don't stress about the charge. You could just plead guilty by letter but my advice is phone and the police prosecutor Sgt. Ian HORSLEY and ask about diversion. Sign the sorry book and don't pull wheelies at 10:30 am on a busy motorway. You would be pushing it up hill to defend it and argue doing a wheel stand on the Grafton Road onramp was the actions of a normal prudent motorist.

is it even legal/within your contract, that you would a) look that shit up and b) post it online?

highly fucking dubious.

**RUSS** · 13th August 2012, 20:55

Originally Posted by Akzle

is it even legal/within your contract, that you would a) look that shit up and b) post it online?

highly fucking dubious.

I didn't need to look it up. I was on duty and I work with the Constable who stopped him. No prob engaging in a conversation because this is, as has been pointed out earlier, a public conversation. Are you suggesting I cannot be a member of a forum because of my occupation? I can even vote for whoever I want.

But if you were correct (that I looked it up) then you might have a point. But you're not. You're making assumptions.

**mossy1200** · 13th August 2012, 20:55

Originally Posted by Akzle

is it even legal/within your contract, that you would a) look that shit up and b) post it online?

highly fucking dubious.

Russ is Judge Dredd.
AKA I am the law. Be carefull Akzle. Law breakers often get shot and you comments are outside of the Law.

Im just lucky my bike doesnt do wheelies. It just changes the position of the Earth.

**rastuscat** · 13th August 2012, 20:58

Originally Posted by RUSS

No It's not. I have charged loads of people with careless use and never, ever has one been disqualified. Ever. In this case I would say probably diversion (police withdraw charge) or convicted and discharged (no fine) or maybee a $200 fine plus $139 court costs worst case.

A conviction for careless won't even usually prevent someone joining the NZ Police but sure doesn't help.

Standards patently differ.

In Churchur we use Section 80 of the LTA, and the Japes take licences for D502 all the time. We get them for L5 series too.

And a conviction for Careless (even diversion for Careless) keeps someone out of the job down here, at least for 3 or 4 years.

**RUSS** · 13th August 2012, 21:10

Originally Posted by rastuscat

Standards patently differ.

In Churchur we use Section 80 of the LTA, and the Japes take licences for D502 all the time. We get them for L5 series too.

And a conviction for Careless (even diversion for Careless) keeps someone out of the job down here, at least for 3 or 4 years.

Yeah I heard that. My sister was a defence lawyer in Hamilton and tells me her clients used to requset a transfer for sentencing in Auckland becuase they give lighter sentences. And yeah same here for the job, they wouldn't take you if you did it last week sort of thing and it depends what the politics of the day are and how desperate we are for recruits. Remember there was a brief time in the '90s when an old EBA wouldn't necessarly keep you out?

**scumdog** · 13th August 2012, 21:14

Originally Posted by rastuscat

Standards patently differ.

In Churchur we use Section 80 of the LTA, and the Japes take licences for D502 all the time. We get them for L5 series too.

.

Same down here - for a while the 'shiney-bums decreed that D502 would not be dealt with by way of diversion - luckily that's changed.

**RUSS** · 13th August 2012, 21:21

Gave a formal warning out for careless today. Nice chap too keen to stop and get his ticket so he stopped in a live lane on the motorway. Fortunatly the truck driver behind me had his stuff together and I didn't need to practice my brake & escape. Still - not cool.

**Akzle** · 13th August 2012, 21:27

Originally Posted by RUSS

I didn't need to look it up. I was on duty and I work with the Constable who stopped him. No prob engaging in a conversation because this is, as has been pointed out earlier, a public conversation. Are you suggesting I cannot be a member of a forum because of my occupation? I can even vote for whoever I want.

But if you were correct (that I looked it up) then you might have a point. But you're not. You're making assumptions.

who's making the assumptions.

if you're dumb enough to vote away your rights, well, as a (presumably) thinking adult, that's your choice. (you were dumb enough to sign up for the blue gang patch), or is it that you really believe you're making the community safer, together?

(this sounds snarky, but it's a serious question)

this may be a public forum, but AFAIK the OP has not posted details of the when where or who. your access to what may quite rightly be considered "privileged" information, and your distribution of that information, is highly dubious.

but please, since this is a public forum, what is your name, badge number, rank and CO?

your advice to the OP to bend over and plead guilty is also highly dubious and would seem to suit your "agency" 's agenda.

How would you be if i go posting pics, recordings and badge numbers of the cops unfortunate enough to meet me?

**scumdog** · 13th August 2012, 21:30

Originally Posted by Akzle

but please, since this is a public forum, what is your name, badge number, rank and CO?

?

Mwahahah, he really IS DangerousBastard! - gonna take it international eh Axzle?

**Jantar** · 13th August 2012, 21:33

Geez akzle, how bloody ignorant can you get.

The cops on this site are genuine motorcyclists who do their best to help and all you can do is complain and threaten. How about actually getting on your bike and going for a ride with some of these guys. Get a life and stop your bloody bitching.

**RUSS** · 13th August 2012, 21:39

Originally Posted by Akzle

How would you be if i go posting pics, recordings and badge numbers of the cops unfortunate enough to meet me?

You are weel within your rights, as I'm sure you know, to post all that. Go hard, plenty do these days. There are no laws about taking and posting photos or videos in a public place - except those up-skirt ones of course. I'm not hiding. I even turn up to NASS now and again in uniform on a police bike.

But I'm not going to get into a poo flinging match with you, there's always one out there who wants the last word so have yours and good night.