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The Pub For General Automotive Related Talk |
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30-12-2006, 01:03 AM | #1 | ||
R.I.P Peter Brock
Join Date: Jun 2006
Location: WA
Posts: 239
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A couple of days ago i was driving through fremantle with my missus in my wagon, the traffic was bad so we were goin bought 2kmh we came past a t junction, i could see a lady was desperetly trying to get out cause know one else was gona let her through, so i did, i only normally let one person through in those kind of situations, there was a cop that was behind her, i didnt think to let him through i just kept goin.
Well he squezed in behind me, then before i knew he had the lights on! i was like what the ******* what have i done wrong, so i pulled over n so did he. he marched over on his little power trip he had, and said! Your seat belt is to loose it cant be any more than 2 inches away from your chest! i was speechless i was just like ummm ok... he then procceeded to ask questions bought the car like who lowered it etc... any how, i had to pop the bonnet, i was shiten myself i didnt want a defect sticker! he couldnt really fault me on anything... so he started wrighting me a ticket, i was confused i didnt know why! he then handed it to me and told me its a $150 fine and 6 and yes i do meen 6! demerit points for having my seat belt more than 2 inches away from my chest.... this is absolute bull sh** I AM DEFFENETLY FIGHTING THIS TO THE COURTS! because it would meen id loose my licence! for ppl who dont know xw falcons dont have retractable seat belts so thats why there a lil loose! and the way i had it wasnt that bad, i meen a simple warning is plentyfull! The boys in blue should be catching the real criminals not picking on ppl who do the right thing and ******* on them just so they can get a bit of money just had to get that of my chest Cheers dave
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Last edited by COTTIES 69wgn; 30-12-2006 at 01:44 AM. |
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30-12-2006, 01:16 AM | #3 | ||
Powered by Ford
Join Date: Mar 2005
Location: Where the beers cold
Posts: 2,349
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Maybe he was 1 ticket away from a xmas bonus. You get nabbed for a loose seatbelt which ive never heard of before yet i bet the drug dealer on the corner is still dealing. Gotta love those prix in blue, hope it goes well for you in court.
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30-12-2006, 01:17 AM | #4 | ||
Free XD
Join Date: Dec 2004
Location: SE burbs of Melbourne
Posts: 2,682
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Good thing Dave is that the missus was there as a witness
2 against 1 ;) |
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30-12-2006, 01:35 AM | #5 | ||
R.I.P Peter Brock
Join Date: Jun 2006
Location: WA
Posts: 239
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cheers guys... yeah i still cant believe it ay, everyone ive told have been shoked to, i hope it will go well in the courts im meen its just pathetic, the whole system is turning into a joke now a days, there more intrested in ppl doin 5kph over the limit then the real crooks like the dealers n thieves etc...
Just yeah such a joke, ive never commited any crime, and to loose my licence from that well, were's the justice! i meen i got my other points close to 3 yrs ago when i was a p plater, i know i was a dick head then, i meen just stupid stuff like 3 for not stoping long enough at a stop sign, n 3 for chukin a u turn... but now im a granny driver i have been for ages i do 10kph under the speed limit, spec in the old wagon... i could go on for hours with how pi**ed of i am, as you can prob well imagine. sorry bought winging, i just thought id share the news, cause it could happen to anyone, know doubt to the ppl who do the right thing too! like always
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30-12-2006, 01:54 AM | #6 | ||
FF.Com.Au Hardcore
Join Date: Feb 2005
Posts: 1,042
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Of it was me, don't even let it get to the courts.
On the infringement it will have the station of which the officer was stationed. Go speak to the constables on front desk and tell them about the circumstances. Chances are you will get it nuked there and then. If not, then just don't pay the fine, take it to court, and have it thrown out (again, under your circumstances). Sounds like he was just in a shitty mood... not unlike most other southern suburbs cops lol... |
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30-12-2006, 02:01 AM | #7 | ||
BOSS 5.4L Enthusiast
Join Date: Aug 2005
Posts: 21,943
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Fight it...
Sounds like a ****er cop, i respect the boys in blue and in a few years i plan to be one, but som of them let the power go to there head and this is the result. Bloody joke of a fine too, 6 points.... Jesus! |
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30-12-2006, 02:40 AM | #8 | ||
TBA Customs
Join Date: Jan 2005
Location: giving you what you need
Posts: 3,275
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Get yourself a solicitor, don't think that just because you have a witness you will automatically win, it will make the solicitors job easier of course but he knows how to best put the evidence forward to the judge in a non biased semi detached manner.
Trust me when I say you might be surprised at what extra bits of 'information' they might have put into there report which will be read to the judge by the police prosecutor, it's designed to fire you up in front of the judge and make you look irrational and possibly aggresive, this automatically biases the judge against you. At least with a solicitor you have a better chance as he will first ask for the report prior to the hearing and go over this with you to make sure that the report is an accurate interpretation of the event. If you have any reservations as to the claims made and the charges brought against you they are in a position to negotiate having certain sections removed from the report and even having charges dropped prior to the hearing itself. Good luck with it all. Stef
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30-12-2006, 03:43 AM | #9 | ||
[ 5L ]
Join Date: Oct 2005
Location: North Haven, Adelaide
Posts: 2,886
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6 demerit points is a tad rough, wots the fine for not even wearing one. i didnt even think you lost points for not wearing one it was just a $200 fine. some cops are drop kicks.
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30-12-2006, 04:03 AM | #10 | ||
let it burn
Join Date: Feb 2006
Location: QUEENSLANDER!!!!!
Posts: 2,866
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In an effort to facilitate smooth traffic in difficult circumstances, you allowed a gap to form between yourself and the vehicle in front, the gap was to allow the first vehicle at the intersection to slot into. Stopping and allowing a stream of traffic would be counter productive to the traffic which had right of way. The po-po forced his way in a spot behind you and pulled you over. The seatbelt was on, as will be verified by the officer and the absence of a fail to wear ticket, and the claim of exceeding 2" is arbitrary, as the officer did not measure the gap.
Do not say, the whole things a joke, it may have been loose, but a warning should be sufficient. If you admit it may have been too loose, youve lost. Just say you copped the fine to keep it peaceful and not enter an argument with an officer of the law. I hope you didnt make any comments accepting the claim as being true. |
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30-12-2006, 04:10 AM | #11 | |||
Regular Member
Join Date: Dec 2005
Posts: 161
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hey bud fight them to the end.And you say they should catch the dealers and crooks but thats just not going to happen as they cant arrest them selves and magistrates.
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30-12-2006, 06:27 AM | #12 | ||
they call me Tibbo
Join Date: Dec 2004
Location: Brisbane
Posts: 6,163
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ignorance is not an excuse.. I didn't know the 2" rule myself but I don't see how you can fight it.. If the policeman states you had the belt loose and it is an offence how can you beat the charge (or his word) in court?
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30-12-2006, 08:25 AM | #13 | ||
Banned
Join Date: Jan 2005
Location: Qld Moderator
Posts: 3,731
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How did the police officer measure the distance? guess? ruler? alien sprit level? were you breathing in or out at the time?
Get a solicitor, the ticket can be challenged and you will probably get off, but I guess it's the fine vs the solicitors fee in the end. Id try the senior officer of the station first however. |
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30-12-2006, 08:30 AM | #14 | ||
TBA Customs
Join Date: Jan 2005
Location: giving you what you need
Posts: 3,275
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^^^ As FMC351 said(and now Sledge byt eh time i wrote this LOL), and I did not think of it last night either, but IF he did not actually physically measure the gap then this can be a leveradge point in your argument.
Again though this will be best dealt with by a legal professional, who will try to show that because Cotties69wagn didn't allow the officer way into the traffic, even though he had the vehicle before, that the officer then proceeded to use the powers given him to then inconvenience the person that he saw was being inconsiderate to him. He can show that, and your witness can attest to, he searched for any means to gain retribution against Cotties but with no other avenue finally found fault with his adjustment of his restraint. However, unless a measuring device was being used at the time it can not be upheld as the means used to measure the adjusment could be inaccurate and therefore unacceptable as evidence.
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30-12-2006, 09:14 AM | #15 | ||
Guy that posts stuff
Join Date: Jul 2005
Location: Sydney
Posts: 553
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When merging I think in NSW its the zipper rule, one car at a time. It is improper road use to allow more than one car in, unless he had his siren and lights going. He should be repremanded for that alone. I wonder how close was he behind you?
You are totally in the right in this one. You have a solid case from my unprofessional view. With incidents like that, they should be kicked off the road, and be forced to do paperwork. How can someone lose it over something so small? Makes you wonder how he would handle a high pressure situtation such as a pursuit, fight or domestic. |
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30-12-2006, 09:22 AM | #16 | |||
Banned
Join Date: Jun 2005
Location: In A House
Posts: 2,467
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i seen worst thrown out of court and this case is a fine example of nazi angry cop in the wrong,how many fines ae handed out for incorect wearing of seat belt compaed to not wearing one? any sane judge would throw this out fo court due to it wasting the couts time (and dont tell me it dont hapen cause it does) fight it you have nothing to lose as you already face licence suspension anyways Good Luck |
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30-12-2006, 09:25 AM | #17 | |||
Cuban... nothing like it
Join Date: Dec 2004
Location: Watching in amusement
Posts: 11,643
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Seen what a improper adjusted seat belt can do in a case of an accident?
6 points is a joke though, but take ownership of your own actions
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30-12-2006, 09:39 AM | #18 | ||||
FF.Com.Au Hardcore
Join Date: Jan 2006
Location: FoMoCo
Posts: 3,441
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30-12-2006, 09:47 AM | #19 | ||
1967 XR Falcon
Join Date: Sep 2005
Location: South Coast
Posts: 2,231
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I think we all know whats going on here, the cops a ***** because he didnt get let in. Did he measure with a tape measure how far it was from you? How is he sure it wasnt 1.8 inches away? I know what the seatbelts are like in old cars, you can lean forward and sometimes they dont retract or quick enough, thats how they were made in that era and thats how they are, so go tell the cop to **** himself. 6 points because hes a whinger is bs.
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30-12-2006, 09:57 AM | #20 | ||
|AFordEd|
Join Date: Dec 2006
Posts: 782
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mate, I just read ur post, and thats absolute bullshit, Cops man, i reckon 100% powerplay, want to abuse what little power they have,
Give us the end result of what happened, and im sure along with anyone else here....we have ur back ;) |
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30-12-2006, 10:08 AM | #21 | ||
Streetrides panel & paint
Join Date: Jul 2005
Location: Perth
Posts: 2,657
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Alot of people think cops are Co%kheads and these sorts of things just prove that most are .I have little to no respect for them and their power trips lying coruption etc .Only difference between them and us is a badge and the fact they are right even when so wrong .
I feel for you and hope you fight it and win .They always seem to pick small things to come down hard on while dangous crimes seem to go pacticaliy unpunished . Fight the power |
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30-12-2006, 10:12 AM | #22 | ||
Guest
Posts: n/a
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You were travelling less that 25km/h, seatbelt not required. Australian Road Rules part 16 rule 267
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30-12-2006, 10:15 AM | #23 | |||
Cuban... nothing like it
Join Date: Dec 2004
Location: Watching in amusement
Posts: 11,643
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Oh look another cop bashing thread, with half the post offering no input to the initial post..
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30-12-2006, 10:22 AM | #24 | |||
Regular Member
Join Date: Jan 2005
Location: In a house
Posts: 498
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About the best option would be to go to the Police station as someone else suggested and explain the cicumstances to someone with authority there and they may be able to waive the ticket if they feel there were extenuating circumstances. I doubt there's anything they will or can do, it's probably a matter for the courts to decide now - but I'm no expert of the legal system so happy to be proven wrong. What I would do is just pay it and get on and live the rest of my life. If you are struggling financially then write a letter to them and ask for an extension of time to pay. 99.99% of the time you will be granted one. |
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30-12-2006, 10:31 AM | #25 | ||
Regular Member
Join Date: Dec 2004
Location: Hawthorn. Melbourne
Posts: 196
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mmm I thought the Metric System was in. 2 inches is not even a standard measurement.
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30-12-2006, 10:37 AM | #26 | |||
Weezland
Join Date: Aug 2005
Location: Sydney,workshop mod
Posts: 7,216
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30-12-2006, 10:47 AM | #27 | |||
I love AU XR8s
Join Date: Apr 2006
Location: Gold Coast QLD
Posts: 1,382
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6 points. Wow. I would at least be asking to see the person in charge at the cop shop and asking why 6 points were issued. I realise the dangers of a very loose belt, but 6 points when just a fine would do?!?
Hope you end up on top with this one, sounds pretty unfair from your point of view.
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30-12-2006, 10:52 AM | #28 | ||
.
Join Date: Mar 2006
Location: Brisbane
Posts: 6,197
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6 points is too harsh IMO. Obviously, your intentions were to comply with the rules and wear a seatbelt - a simple warning would have been more suitable.
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30-12-2006, 11:00 AM | #29 | ||
FF.Com.Au Hardcore
Join Date: Apr 2005
Location: Perth
Posts: 551
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Come on guys Dave was telling us what happaern to him last night and to let us know that it can happern to us too .Please don't turn this into anther cop bashing thread ,we have enought of them already .
Sorry to hear this Dave ,the fact that there was more likely worst cars on the road that night as there always is in Fremantle ,he had to pick on you car and didn't find anything so he kind of made up one and booked you for a lose belt .Now anyone that use to own or does own a old car like that knows how these belts fit and what works well .They aren't like the back seat belts for the 80's typr cars where they sat differnt to the older one ,but meh Give it a go and take it to court,but yes try it with a Solicitor as you will have a better go at it |
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30-12-2006, 11:01 AM | #30 | ||
Member 178
Join Date: Dec 2004
Location: Rockhampton
Posts: 1,385
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Not all cops are like this one. There are ******* in any industry so people stop generalizing the police as if they are all like that or this thread will most likely end up like the rest of them. My advice would be to see a senior officer first as 6 points is very harsh.
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