Any one know a good lawyer?

[quadeyquade]

Get your summons yet?

[narchi]

not yet. Its like sitting and waiting for a new toy to arrive. I rush home and check the mail each day. I just wanna see whats siad and find out when my court day is.

[MJ86]

Ahh testosterone it is a wonderful thing isn`t it, allows us to be men, but also gets us into some deep shit sometimes.

For all intents and purposes what you have described is a drag race, it matters not that you only did 10ks over, it was more likely the rate of acceleration and the neck and neck parrying between two cars as they come up to a single lane.

Sorry but with this statement you just proved your intent to engage in ignorant and unsafe operation of a motor vehicle, this statement alone will sink you in court. The reason two lanes merge into one lane is to keep the flow of traffic smooth, your supposed to have consideration for your fellow drivers, not try to beat everyone to the finish line.

I don`t think the police or the courts will really care if your annoyed about losing your licence, maybe you need to reassess your attitude towards driving.

A bit of advice matey, maybe you need to study the rule book a bit closer, the speed limit is exactly that, a limit, not a target.

You might want to also be careful who you yell at out of your car, i call to your attention an incident on the Gold Coast where a bloke yelled at someone out the window of his car on Australia day and ended up with the occupant of the other vehicle pulling a gun out and shooting him dead, just something to think about.

I am not attacking you personally mate so don`t take this the wrong way but having a license is a privilege not a right, if you read the road rules it should be written in there.
regards Mick

[narchi]

Hey mate. everyone has the right to their opinion. But sounds like ur a cop to me lol. Taking only part of a statement and taking it in the wrong context.
For starters i didnt yell out of my car. I said its not like we did like normal races start. U know engine revs at lights. slight movement before light turns green. Yelling at each other out the windows.

Problem is right i have read the road rules. I also have read the road traffic act and read all the amendments. Nothing is said about how much acceleration is legally acceptable. Also states that in a merging situation that any portion of a vehicle that is in front of a merging vehicle has right of way. There is no law stating u cannot accelerate up to the speed limit to move in front of another merging vehicle. What it does state is the speed, or the acceleration, braking or steering capability, of the vehicle is being tested or contested in any way. So therefore mechanics road testing vehicles are hoons. This is the problem when this law came in as they have left everything up to police to make a judgement which cannot be proven in a court of law. So the magistrate must believe the police officer otherwise majority of cases would be thrown out and the law would be useless.

Now by u stating that me wishing to accelerate to be in front of a vehicle in a merging situation is ignorant and unsafe operation of a vehicle. Then i ask u how many times have you overtaken a vehicle. Or moved of the traffic lights and accelerated that little bit faster to move in front of a vehicle in a merging situation. Due to there being no law about how much acceleration is legally acceptable then you have done the same thing i have in your motor vehicle if i or a police officer wanted to judge it that way. (seeing all u need now are 2 witnesses to get a number plate and can dob u in for hoon)

And the courts wont care about me losing my license. As the courts do not care about actual justice to people in my situation on the road. Since the public pressure of "hoons" on the roads the law system has changed from innocent till proven guilty to guilty till proven innocent. The magistrate have already made up their minds before i step foot in that court room. The only reason y i have to go in is so the system makes it feel i got a fair go.

Believe it or not but after getting done the first time my mindset on the roads did change as i no longer speed knowingly, participate in illegal street races or even attend cruises. I also promote track as opposed to street racing. But after seeing a couple of my mates go to court and be found guilty even tho they have heaps of evidence proving they didnt do it (they actually didnt do what the police stated as i was a witness at 2 of the cases), a handful of witnesses and police who cant keep their story inline at a court hearing, i tend to lose faith in the justice system.
I also refuse to drive behind cars as people honestly live in their own little bubble when they drive. They dont think there are cars behind them. Try driving into cannington during peak hour traffic and u will no what i mean. People who indicate at the last minute slam their brakes on and then turn. As i have never hit one obviously i leave enough room to not hit them. But what about the car behind me who isnt leaving enough room. U know what i mean? i dont care whose at fault i dont want the inconvenience of my car being damaged. But this is only one example as i could go all night explaining other things people do.

Im not trying to start an argument mj86 and like i said i understand u are giving your opinion on my situation. but i just wanted to clarify why i feel the way i do about this situation.

And just incase ne1 else wants to read about the road traffic act here is a link

[narchi]

nah only if the cop lies outright and i can prove it.
But i would never try to say a cop is lying
Like i said i no the way it would have looked to ne1. And in the end i know the outcome. But at least i can try say something. Ive actually decided not to hire a lawyer due to the fact its a waste of money lol.

I always love it when i hear about cops doing speed checks.
My mate got pulled over once and the cop goes i was doing 80 to catch up to u. I was a bit drunk at the time in the passenger seat. I said "its a 70 zone and if u were doing the speed limit we wouldnt be having this conversation so lets see that comment hold up in court". Cop looked at me looked at my mate then breath tested him and did a license check. Told me off for being a smart ass and let him go.
I only said it coz my mate is one of those guys who always drives the speed limit.

[cleb]

you dont have to argue about the incidentals, if you make a case that there could be reasonable doubt that you were not speeding nor racing then there is a big chance you can get off. you might as well plead not guilty,then the next time in court ask the police some pretty decent questions to find holes in their story rather than defend what you did. you can ask for the police mans statement before you go to court. so you can make some decent questions before you get there the second time. i have had a few mates that have gotten off doing this, rather than just leaving the whole case down to their statement versus yours

[narchi]

cheers cleb i will def look into that. All i can do is wait to see their statement which is usually attached to the summons. Well it gives me some idea what they are going to say.

[cleb]

well no its not attached to the summons but you can file for it using fredom of information or something.

[narchi]

Ok guys got my summons

The same police officer that filled in the statements have conflicting reports. One states my bro was doing 100kmph where as mine says i was doing the speed limit. My bros states we raced side by side for 50m. Another one states i over took him within 50m.

So yeah a lot of conflicting reports. Which is what i would have thought considering i know the cops were not close enough to work out speed or even who overtook who and what not.

Just thought i would let u guys know.

[cleb]

you can use that. you will win that one with out a blink of the eye, once there is conflicting reports from police you will be able to get off just by bringing it up.