Oops

[pritch]

Yup.
I'm going to talk to the community law advice place this week and then probably have to get an actual lawyer.

You should probably get a lawyer, and cheap lawyers can be expensive.. The whole justice thing is a big money-go-round and at least your being represented by a lawyer shows the judge that you are prepared to play your part in funding their game.

But staying on the motorway?

[Akzle]

I stand to be corrected, but I believe traffic offences (without injury etc) are not criminal offences.

http://communitylaw.org.nz/community...th-chapter-33/

well technical like, a crime requires a victim. everything else is a breach of contract, or policy infruingement if you prefer.

Most things that go through caught, the plebs volunteer for their treatment.

[Tazz]

Bad luck man. Fingers crossed you're not walkin.

[jonnyk5614]

I stand to be corrected, but I believe traffic offences (without injury etc) are not criminal offences.

http://communitylaw.org.nz/community...th-chapter-33/

"
Category 1 offences (Fines only) – Unlike infringement offences, Category 1 offences give you a criminal record, but you can’t be jailed for them, only fined."

I've been summonsed to court whether I'm willing to deny or not. Infringements only run up to 150kph.


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[jonnyk5614]

Was a copper at Bombay.
I saw him too late parked on a slip road.
I know he saw me at the speed he showed me on the radar.

I totally agree - stupid staying on the motorway. I have a lot of shit going on in life at the moment and didn't quite think it through. Just saw him not behind me and figured I was sweet.

Discharge without conviction is possible if the consequences of criminal conviction outweigh the gravity of the offence, and if the offence seems to be a one off mistake. Need a lawyer to have a crack at that though. I'll have to argue good character, poor job prospects, inability to travel.... they still fine/ban you but don't enter a conviction against your name.

I didn't "fess up" at the roadside. I initially and politely went "are you sure it was me? That is really surprising....." then said "I am so surprised at the speed but I trust that you're correct. My bad I guess, I wasn't keeping tabs on that". Ect. No overt "Guilty as charged guv" but trying to keep things pleasant to hope for a bit of slack.

The cop made the point of saying that it was up to him to decide whether it would be dangerous driving and eventually he concluded it would just be for speeding.

As an aside, anyone know the cop? Brian Riley, also does motorcycle training in Pukekohe.


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[Akzle]

. My bad I guess, I wasn't keeping tabs on that".

nope. right here.
ignorance is no excuse.
i'd rape your mouth on that one alone, if you aren't aware of what you're doing you shouldn't be on the road.

also, forget his name, you likely wont see him again. someone from cops legal section will be at court to present their case, he'll be too busy on the donut run.

your summons will tell you who is charging you. likely "the nz police force" not "brian from p town"

[Maha]

Have you thought about writing in and putting a case forward? (if indeed you have one) I was stopped and ticketed in 2010. I was locked at 119kmp but even the cop said ''We both know that you were going faster than that'' I had been at around 130 when I saw saw him parked behind hedges on an on ramp. 3-4 kms down the road he asked '' What's the reason for your speed'' I told him and then added that ''I knew the rules''. Long story short, the ticket was in most part illegible, apart from the alleged speed/date and the fine. My people wrote in expressing their concern for this, the cops attitude and my reason for the speed. Two days before the fine was due to be paid, I received a letter from the Police stating that they had taking into consideration our concerns surrounding the issued infringement, and no further action will be taken.

[Maha]

You should probably get a lawyer, and cheap lawyers can be expensive.. The whole justice thing is a big money-go-round and at least your being represented by a lawyer shows the judge that you are prepared to play your part in funding their game.

But staying on the motorway?

By the time it gets to court the judge has pretty much made his mind on what the outcome will be. I found that out in 1984, my sister worked for a defense Lawyer and suggested that I needed him to help me out with my pending court appearance. The Lawyer cost me just as much as the fine issued by the Judge plus the six months loss of licence (mandatory low level first offence) While the Lawyer was speaking on my behalf, the Judge didn't even look up, two stamp later... job done.

[Banditbandit]

You wont be able to insure it again anyway. Well not with a premium and excess that less than the value of the bike.

It didn't affect my insurance at all ..

But yes, I'm sitting on 55 demerits and the cop said I'd get 50 at court.


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If you get your licence suspended or you are disqualified all your demerit points get wiped ..


You're gone for at least 6 months (possibly 12 ...) that will NOT include the 28 day instant suspension ... and a fine as well ...

Take it on the chin - you did it ... and got caught ...

[Crasherfromwayback]

I got let off with a warning last week for doing 184 in a 100 zone in patetonga ,rural cops are awesome,

That's because rural cops get sick of fucking goats sooner or later.

[Maha]

It didn't affect my insurance at all ..

True that, when a speeding ticket affects your insurance premium it's time to change insurers.

[Cosmik de Bris]

well technical like, a crime requires a victim. everything else is a breach of contract, or policy infruingement if you prefer.

Most things that go through caught, the plebs volunteer for their treatment.

So who's the victim in growing weed?

[Akzle]

So who's the victim in growing weed?

noone. it's not actually a criminal offense.

[Maha]

Cultivation of cannabis can result in a 7 year jail term or an immediate 2 years jail term and/or $2,000 fine.

[Banditbandit]

Cultivation of cannabis can result in a 7 year jail term or an immediate 2 years jail term and/or $2,000 fine.

Given Akzle's usual position - I take him to mean that it is a paper crime, a crime by definition alone. It is not a real crime ...

There is a difference .. I tend to see paper crimes as crimes defined by the Government. Real Crimes may be illegal but are also immoral ... and of course there are Real Crimes which are immoral but not illegal ... a lot of white collar actions fall into the latter category ..