Dangerous driving: Genuine query

[Devil]

What the fuck is unnecessary display of speed?

Something that turned up to stop dem boy racermers

[bucket boy]

Something that turned up to stop dem boy racermers

And it still hasnt stopped them and it never will

[bert_is_evil]

You know that it may not have actually been a police officer that saw you?
I got an offence like this in my car, and when I queried it at the police station they just told me that a random/annonymous member of the public had reported me.
Check if this hasn't happened to you because if it has then the fact that the police didn't take it up with you before charging you is illegal. And if this is the case then you have a right to not even go to court and just take it up with the police, because apparently its a breach of human rights or something...
Sucks hard out though!! Hope you sort it out.

wtf? I thought they could only send you a letter saying naughty naughty!

[twotyred]

wtf? I thought they could only send you a letter saying naughty naughty!

the aim is to turn every brainwashed "good citizen" into a defacto Brown-shirt...

[discotex]

Does anyone know the answer to the following questions?

I have been charged with -
Dangerous driving & unnecessary display of speed/racing on a public highway.

No speed has been noted or estimated on my traffic offence notice.

Q's)
Is this normal and if not; does this help in trying to put together special circumstances?
What are the guidelines for special circumstances surrounding these types of charges and how can I find them.


G

Arse. Fingers crossed this doesn't mean you lost your ride for 28 days as they can impound when using that section of the act.

Here's the law on it but it doesn't define what unnessisary means.

Boyracer amendment covering drags etc

Law covering impoundment

Grounds for appeal agaisnt impounding

I'd imagine that you'll want a good lawyer that can examine the previous cases to guage what reasonable acceleration has been benchmarked at.

At a guess some things that won't go down with the judge well (regardless of whether you broke the speed limit):

1. Wheelies
2. Tyre squeal
3. Smoke from the rear

Anything like that will work against you. If you were only accelerating faster than a car would you should be able to get off both charges as the law doesn't define how much acceleration is excessive.

[Grub]

When I was given a traffic offence notice for "Dangerous speed", there was no speed noted. It isnt a requirement, but he will have it noted somewhere,.......

You can request "Full Disclosure" in response to the Infringement Letter or "Discovery" before a court hearing.

Under those, Police are required to give you a copy of everything that they will use in support of the charge. There's no such thing (like on TV) of them using a surprise witness/document/statement ... just isn't admissable.

[sinned]

I am trying not to get into too much detail in the thread as it would only enable debates and such like which normally don't go that well on KB.

G

I agree with your approach - debates here seldom help but there are some on KB who can offer good advice and a PM is a good means of gaining useful information. Then there is professional help - you have to pay for that but in this case it seems essential. I am interested in how it all works out.

[fireliv]

Like Grub said, first off call the police and ask for your disclosure pakage to be sent to you. You may also want to organises a lawyer or fill out a legal aid form if you dont ahve the means to pay for one yourself. Once disclsoure is obtained you will know what they are aledging and can put a plea in then but basicly the officer is sauing you did "something" that is likely to endanger members of the publics life knowingly.

By special circimstances I assume you mean that you are trying to get reasons not to be disqualified. For this things like work purposes where you would lose your job if you couldnt drive. Something along those lines.

Anways good luck.

[Renegade]

you will get disclosure at your 1st appearance, you plead not guilty so it goes to a status hearing giving you time to reveiw the disclosure and decide whether or not to plead not guilty at the status hearing taking it to a defended hearing.

bear in mind that some courts like wellington take traffic matters straight to a defended from your fisrt appearance.

Also i beleive the charge is unnescessary "exhibition" of speed, and is different from participating in an illegal street race.

if the charge is unnescessary "exhibition" of speed, i know from experience that the case can fall over if it is proved that there was NO exhibition on your behalf.

[Goblin]

Like Grub said, first off call the police and ask for your disclosure pakage to be sent to you. You may also want to organises a lawyer or fill out a legal aid form if you dont ahve the means to pay for one yourself. Once disclsoure is obtained you will know what they are aledging and can put a plea in then but basicly the officer is sauing you did "something" that is likely to endanger members of the publics life knowingly.
Anways good luck.

Agree, write and ask for full disclosure but dont expect it to arrive before your first appearance. Apply for legal aid with the reason being it will cause your family extreme hardship if you lose your licence. If legal aid is denied then fight it yourself. It's a long drawn out process so all the very best to you G. Hope ya win!!!

[_Gina_]

Arse. Fingers crossed this doesn't mean you lost your ride for 28 days as they can impound when using that section of the act.

The bike has been impounded for 28 days, however I pick it up next Friday.
Court date is set for 5 weeks from now.

Thanks heaps for the links and info.

I can only really expand and say that I didn't make the best judgement call and my display was in front of an undercover car with two Officers riding in it.


G

[duckonin]

Go to jail forget the legal begals do your time, just remember with a smile what your speeding cost you and learn from it, I'm not saying don't speed just learn from the experiance, the law will win..

[discotex]

Thanks heaps for the links and info.

I can only really expand and say that I didn't make the best judgement call and my display was in front of an undercover car with two Officers riding in it.

The thing that pisses me off is that you're getting charged for what is probably a relatively minor act yet people who cause accidents frequently get lesser charges. E.g. the guy who failed to indicate and pulled out in front of me (wrote my bike off) didn't even get careless driving...

A good lawyer can help represent that to the court and if you're willing to eat humble pie you might get off with a stern talking to. Unfortunately good lawyers cost $$$$.

If you want someone to come along for moral support (that's about all I'm good for) let me know.

[Ixion]

The bike has been impounded for 28 days, however I pick it up next Friday.
Court date is set for 5 weeks from now.

Thanks heaps for the links and info.

I can only really expand and say that I didn't make the best judgement call and my display was in front of an undercover car with two Officers riding in it.


G

Hm. An undercover car. If you mean a HP mufti, you're toast. But if it was a plain clothes car (eg defectives and such) then it won't have radar. Which means they'd be guessing at speed. And a good lawyer would probably pull them down. So maybe the exhibition thing is a backup. Cos that they don't have to prve the actual speed , just that it was excessive.

But as Mr Renegade noted, for that charge there has to actually be an "exhibition (and he'd know if anyone would).

So if it was a plains clothes jobby a good lawyer might be able to untoast y'.

NBest of luck whichever way.

[scumdog]

Stroll on the KB lawyers......