| Author | Topic |
|---|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
neg driving - do I have a case?
|
Tue, 02 September 2003 05:07
|
 |
a neg driving fine came through for me today - which I am *not* pleased about.
I'm considering taking it to court. my argument will be my tire blew out while going around the corner, and caused me to lose control.
Does this sound like a reasonable excuse, or should I just pay the fine?
I dont want to fork out for the fine or lose the 3 points
|
|
|
Location:
Cabramatta, NSW
Registered:
May 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 05:09
|
|
Neg driving is pretty standard fare for piggies when they have situations like yours.
I reckon you should fight it.
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 05:13
|
|
yeah
I mean, to my logic it sounds like I have a reasonable case.
But I know the law isn't always logical 
|
|
|
Location:
On your mum!
Registered:
May 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 05:17
|
|
Give it a go.
You may be lucky with the magistrate on the day.
|
|
|
Location:
Canberra
Registered:
August 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 05:25
|
|
whats the worst that could happen??
i mean.. they can say.. nope the fine sticks..
or they could dismis the fine!
i say go for gold!
|
|
|
Location:
Perth
Registered:
November 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 05:43
|
|
|
I guess my only question would be them asking you, why did the tyre blow. If you where doing something illegal and/or had poor quality tyres then you wouldn't have a case, but if there was some other reason then you should be fine.
|
|
|
Location:
Epping NSW
Registered:
October 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 05:48
|
|
just wondering drav- what actually DID happen? hope the supra is still ok... 
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 05:49
|
|
well, I'm asking myself the same question.
it's the wheel that had the least stress on it from the actual crash, and it's the only one that blew (including the 2 left ones that are ripped off the chassis)... so unless it was a faulty tire then it was fine (as they were all fitted at the same time)... so I'm assuming that it was from whatever that thing was I hit, or possibly earlier.
that doesn't sound like optimism there yellorolla
|
|
|
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 06:20
|
|
Worst case is the magistrate determines you were doing something illegal or are wasting his time and makes you pay costs on top of your fine.
Matt
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 06:23
|
|
hobbs - have a look in the war stories section
to quote marcellus, "It's pretty fuckn far from ok" 
|
|
|
I supported Toymods
Location:
melbourne
Registered:
June 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 08:09
|
|
i dont see why they would (reasonably) do this, did you hit anyone? run over any babies? i thought they just left you alone with single vehicle accidents.
dont worry about the tyre, say you went into a "skid" and "overcorrected" idiots (not calling you one) crash all the time because they can't drive, and use these terms.
fight it, and good luck!
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 08:23
|
|
erm
think I'll stick to the truth, since it seems reasonable to me.
and you can still get neg driving for single vehicle accidents.. bute, well, generally I thought it had to be negligent for you to cop the fine
|
|
|
Location:
melb
Registered:
May 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 08:49
|
|
if u go to court wont you need a representitiive of some sort - if you go by yourself the judge will not take you seriously. how much is the fine? - dont you drive like a dickhead most of the time anyway? - just cop it sweet, you fucked up pay the fine get over it.
p.s if you say u say I "overcorrected" then the police will fine you with "loss of control of vehicle" which is what I got for going sideways around corners.
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 08:54
|
|
dont need a representitive - as long as your argument is good.
nad no, I dont drive like a dickhead most of the time.
and if, as I suspect, the tire blew out, then I did not fuck up
but thanks for the support anyway
|
|
|
Location:
Ipswich
Registered:
July 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 09:20
|
|
Everyone i know that has taken a traffic fine to court has ended up paying more with court fees and stuff even when they have won.
I would just pay it and then mutter curses under your breath every time u see a cop until u forget about it.
Brett.
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
|
Location:
Brisbane
Registered:
February 2003
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 13:02
|
|
'fraid not - the more money you have the more justice you can buy.
plus even if you win, you don't automatically have costs awarded in your favour - i think you would have to make an application for costs to the judge/magistrate during proceedings, in addition to presenting your defence against the charge(s). But its likely that they'll reject/ignore your application on procedural grounds.
If you'e after some phyric victory ("local lad beats cops in court but still pays up") then rep yourself (and hope you get an understanding bench), if you want everything (no fines, fees or costs) get a lawyer.
Wildy O/T but related - i knew a guy who was busted growing (in a city apartment) plants complete with CO2 mister, grow-lamps and auto-metered fertiliser in water supply - every charge except for a bowl of pot found in lounge room of unit where he lived was chucked out on technicalities (improper discovery of evidence etc). Cost him $10k for a barrister, but avoided every trafficing related charge and pissed the cops off seriously... mmm... see? you can buy justice.
|
|
|
I supported Toymods
Location:
Perth
Registered:
May 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 13:06
|
|
A lot of the time its best to write to the station that issued the fine saying you disagree and state your case saying you intend to take it further. If your case is sound, they might scrap it because its too much work for them...
Just a thought.
|
|
|
Location:
Perth
Registered:
September 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 14:25
|
|
only take it to court if oyu have lost very few points, and never lost your licence. they go easy on "first" offenders, and very very very harshon repeat offenders.
if you have had a few speeding fines in the last 6/12 months, dont bother, you wont win.
but i agree with frank, go back to the police station and go from there.
if i ever get a fine from a cop i dont think i should be getting, then i'll be say "oh well, i guess i'll be seeing you in court over this" just before the cop writes it up.
it makes em think twice whether its worth going to court over, because they have to be there on the day
just my 2 cents
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: neg driving - do I have a case?
|
Tue, 02 September 2003 20:57
|
|
once you receive the fine it's too late to get it done thru the station
tho that was my original plan (except it only took them 3 days to get it to my doortstep!!!)
so next step is through the IPB, which I will take.
I've only ever had one fine before, 15-30 speeding, 2 and a half years ago
|
|
|
Location:
Sydney
Registered:
June 2002
|
|
Re: neg driving - do I have a case?
|
Wed, 03 September 2003 06:42
|
|
Unless you can actually proove that the tyre blew theres no way you'll get off....
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: neg driving - do I have a case?
|
Wed, 03 September 2003 06:48
|
|
well, I'm going to head into the police station and chat to the attending officer, see what she thinks.
ask her out to dinner, all that 
|
|
|
Location:
Sydney
Registered:
July 2002
|
|
Re: neg driving - do I have a case?
|
Wed, 03 September 2003 07:15
|
|
You'd be stupid to go to court over this. Almost as stupid as pushing a car with a known suspension fault.
If you go to court, you'll have to prove that the tyre blew out. This can be done by an engineer going over the wreck and trying to determine why. The engineer I used for my engine transplant said that most of his work is done chasing up court stuff and finding out what actually happened (kind CSI like ).
If this happens, they'll prove that the suspension was dodgy and the tyre blew out because of this.
Now your paying for a fine, a day in court, an engineer to assess your car, and the repairs for your car.
Don't go to court. Talk to the police at the station. Write a very nicely worded letter, but no more.
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: neg driving - do I have a case?
|
Wed, 03 September 2003 08:56
|
|
that's my basic plan
suspension fault is in the front left
which on a left hand corner is the corner with the least stress on it, so I wouldn't be worried about that.
I've had a chance to think it over, and I'm just going to talk to the OIC of the scene, say what I think, see what she thinks, and if she might write me a favourable statement, send it to the IPB (or possibly do something at the station... not sure if that's possible)
but in the end I think I'll end up copping it anyhow
|
|
|
I supported Toymods
Location:
Perth
Registered:
May 2002
|
|
Re: neg driving - do I have a case?
|
Wed, 03 September 2003 11:20
|
|
But you never know, you may hook in with a hottie police woman 
|
|
|
I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
|
|
Re: neg driving - do I have a case?
|
Wed, 03 September 2003 12:15
|
|
|
hey, I'd consider that a fair swap
|
|
|
