Foreced 6-12 month riding holiday for.. wait for it.... Street Racing . WTF?

[NuTteR]

So, riding around on Saturday night, near Kogarah Golf Course M5 exit with two mates. I rolled up to a set of lights with a mate in front on his r6, didn't even stop cause the lights changed to green quickly. He was in front of me, we both accelerated from the lights like we normally do (not that fast, but quick enough).

Next thing we know, less than 100 metres on, an unmarked highway patrol F6 typhoon hit's it's blue and whites and pulls us over.

They then tell us we are being charged with Street Racing. What the fck? That wasn't street racing? There was no revving of engines, launching, initiation of race, challenge etc, and cmon, if I was racing you'd know it. Frick. And I don't race on the road.

So both our bikes are towed on the spot and impounded for three months, at our own cost (a grand a months by three months). Plus tow fee.

Court appearance notice is issued for a months time. A bit of research suggests that it will be around 3 grand in fines and 12 months suspension of license.

So I hope everyone elses weekend was better than mine.

Will be contacting Mark at Lawstop to see what he suggests.

Wish me luck.

[triumph]

sounds like the coppa dont like bikes .

[James]

:wtf1: that's steep and definately harsh mate

[NuTteR]

Me thinks so... They told me they thought I was gonna run, and that they wouldn't have caught me if I did. Riiiiight

[NuTteR]

:wtf1: that's steep and definately harsh mate

I think so to. Will look at the Tapes and get legal counsel, and hopefully be able to fight it.

[clarkey]

Good luck mate, Really rough weekend:( mark is definately your man then :ayyy:

[Johnny]

What sought of previous driving record do you have, Nutter ?

[stetto]

Sucks nutter, good luck gettin off, 2 mates of mine in cars did a similar thing, were speedin near each other and got done for street racing. I think its gunna b tough trying to convince them u werent racing

[jasonbw]

Holy hell !!!! That's just WRONG !!! Hope you get off okay and costs repaid!

You know, for anyone else reading this maybe think about buying a cheap GPS unit that writes to SD card, leave it in the bike permanently (and hidden), considering a court appearance is a given i'd say the GPS data to show speed/time/acceperation/location would be VERY useful in this case. Something like this (http://www.performancebox.co.uk) for US$499 over there (I have this hardwired in my car when I'm not using it on the track)

[NuTteR]

What sought of previous driving record do you have, Nutter ?

Not great. After the last snowy's trip i ran out of points on my licence. So was on a probationary license. As far as infringements go, In three years, one 0 to 15 k offence two and a half years ago, one 15 to 30K speeding last october. Other than that, two and a bit years ago, 4 points for riding an r6 on my L's, and 2 points for not wearing my L's on the r6.

So fairly crap driving record, yup.

[Cedric]

Shit luck mate, but don't let the bastards get you.. fight the power..

[DAVID]

Pigs what would thay know.
Saturday night I was pulled up on foresore DR by a blue ford tyfoon 78 in a 70 zone:bla::bla::bla::bla::bla::bla::bla::bla:The shit he come out with:lmao::lmao::lmao::lmao:I think he had his licence for 4 or 5 years[a top operator]:dohsmiley:well he though he was.
Good luck nuter:ayyy:

[Captain]

Would be interesting to read the definition of 'street racing', and how it differs to plain old 'speeding'.
This is what happens when you give the police additional powers, sadly. I'd be getting legal advice too.

[jace]

This could happen to any of us.
I find this very disturbing......:(



.

[heretic]

jeez, thats messed up. hope it works out in your favour

[Captain]

Would be interesting to read the definition of 'street racing', and how it differs to plain old 'speeding'.
This is what happens when you give the police additional powers, sadly. I'd be getting legal advice too.

It's section 40 and 41 of the act:
http://www.austlii.edu.au/au/legis/nsw/consol_act/rtatma1999412/s40.html
http://www.austlii.edu.au/au/legis/nsw/consol_act/rtatma1999412/s41.html

I can't see how you were participating in street racing myself :confused1:

[Ed_GSXR]

That's fucked.

I'd be getting a reputable lawyer - it's worth the cash if they can get the racing charge dropped.

[dilbee]

fark... Mate hope this turn out for the better. My brother told me they cant impound your vehicle if its under loan etc. Not too sure on this one but. Im sure they could still take it and your making payments while its still in the yard.
You dont know where they took it do ya? I know if my bike was stolen from their yard id be mighty pissed off.
Cops are ficking pricks who do this.
Hmm oh wait was that you i saw with mate beside you riding up the road like any other rider does on their bike. You get what im saying?

[Johnny]

Nutter..What you need to do, is call station where officer is from, and book in to view footage of incident. Its free and your right, you dont need a lawyer to book this, its your right to view tape. Make your mind up on what you do only after viewing tape.
With previous driving record, and being on a probationary licence at the time ( 6 months for that alone) , I wont sugarcoat it for you, it doesnt look good mate, but view tape, and see what damage control can be done.


p.s Sorry to hear mate.

[dilbee]

Just had this pop into my head.
Street racing would have to be when both parties acknowledge that each other are are trying to gain postion to be infront. Thus you would have to increase speed or have already done so to be an unsafe level.
Such as he was infront of you on his R6 and that the lights turned green before you stopped and you both took off at a "past pase maybe" But was he infron of you the
whole time and if so how would he know that you were keeping up or to try and get a head? Not that you were. You both were just ridng off the lights togeather. Also if it was a race an R6 would not be winning from a busa. Just by seeing a bike twice the cc's as the other with the bigger bike that was always behind could show it wasn't a race.
Id like to see the vid. Go have a look and ask for a copy.

[Johnny]

To view copy is free, Dilbee, the copy however will set you back somewhere along the lines of $550, cant remember excatly.

[wade193]

Very interested in hearing the outcome to this. Its so shit that they impound your bike to on the spot. Did you keep the key? they dont need it.
Scary as it could happen to any of us who ride with friends. I hate the fact it is just the coppers opinion that you were racing. Everyone knows what they say about opinions. "Opinions are like assholes, everybodies got one"

[wade193]

To view copy is free, Dilbee, the copy however will set you back somewhere along the lines of $550, cant remember excatly.


Where do they come up with these dollar amounts $550???? i bet it would be to discourage people from getting copies.

[Johnny]

Where do they come up with these dollar amounts $550???? i bet it would be to discourage people from getting copies.
Pretty much mate..
You can book in to view tape free of cost, but if you'd like a copy, it costs. I guess they know that you can build defence around it, when you have time to view and analize it, otherwise, just makes good viewing for judge, combined with previous driving record, sometimes youve lost before you even walk in.

You dont want to hear of lawyer costs either, now they are the real criminals !

[dilbee]

just record it on ya fone. Theres ya copy right there. but still they wont hold up in court i guess. pricks.

[dilbee]

tjhis sis like the law and order last night.
Cops charge two groups with terrorism as they had a big brawl in a park beating and killing each other over a guy who had a fight and someone died due to it being a public fight club. For them stop this fighting they put them all on a charge of terrorism which gives them all 20 yrs to life in prison.
Just shows now a days what a fine line beween laws can be. pricks...:cursing:

[2ndclasscitizen]

Definitely get a copy of the video and fight it. If the lights went green and you just went through the video will show it, and point out to the judge the whole Busa v R6 thing.

[ozducati]

The same Blue unmarked car had someone pulled up near the intersection of Maroubra & Bunnerong Rd's on Saturday about 6:30pm.. he must have been on a rampage with the ticket book.. sorry to hear Nutter.. as Johnny siad, see if you can view the tape first maybe...

[WET4URacing]

how fast were you going nutter?? or have i missed that bit

[Luke75]

sorry to hear mate.. thats fuked. there are a few that are just out to nail us. power triipping fugwits if you ask me, goin around ruinin peoples lives for no fukin reason...

[Birdman45]

I would suggest another lawyer too. I have used the one mentioned and lost my lic for 3 months for a first offense at .050. I fought it on my own and got off. Waste of time and money if you ask me. You should just look everything up yourself, and find out about other cases (look 'em up on the net) and build your own. My experience has been that if you can afford the $1500-2K for the lawyer , you can afford the huge fine etc..... on my own, you play the "I have a mortgage and family" game and I got a $50 fine instead of the $650 fine first given and got off when I was first hammered. Once you go to court a few times and se drug'o fukwits getting away with "this is the 7th time you have been caught, I don't know if jailing you is gonna stop you, you're a menace, now ......If I see you back here again...... BANG.... you're on a bond for another 2 years"..... and then you get up a normal person that they're never gonna see in there for bashing anyone, or rape, or murder, or drugs etc etc etc, you get smashed. Why? Well, the drug fukt idiot ain't gonna afford to pay the fine huh. But you can.

[MarkyGG]

I would suggest another lawyer too. I have used the one mentioned and lost my lic for 3 months for a first offense at .050. I fought it on my own and got off. Waste of time and money if you ask me. You should just look everything up yourself, and find out about other cases (look 'em up on the net) and build your own. My experience has been that if you can afford the $1500-2K for the lawyer , you can afford the huge fine etc..... on my own, you play the "I have a mortgage and family" game and I got a $50 fine instead of the $650 fine first given and got off when I was first hammered. Once you go to court a few times and se drug'o fukwits getting away with "this is the 7th time you have been caught, I don't know if jailing you is gonna stop you, you're a menace, now ......If I see you back here again...... BANG.... you're on a bond for another 2 years"..... and then you get up a normal person that they're never gonna see in there for bashing anyone, or rape, or murder, or drugs etc etc etc, you get smashed. Why? Well, the drug fukt idiot ain't gonna afford to pay the fine huh. But you can.

i also used said lawyer & found it a waste of time & money did nothing in my opinion to fight hard enough for even a reduced sentence. i got done for 45 n over in an industrial area i was speeding due to the fact i was avioding a car that had changed lanes on me justified speed to avoid acco.i had no offences in past 12 years lawyer did nothing to earn is $1500 for 2 min. of work. lost liscence for 9 f ' ing months. as birdman suggested rep. your self cost $60 bucks have some sob story you need your liscence to take your sick granny to hospital twice a week or something along those lines & seem very remorseful & you may just get of with a warning. if you go all lawyered up with your record they will slam you. best of luck dude cause i know how sitting on the sidelines without a liscence sux. :ayyy:

[HYPE]

+1 for BM45 & MarkyGG's post

same same but different...

I appealed the original Maximum! sentence given whilst represented by said Solicitor.

Did my homework and got a MUCH better outcome in both fine & penalty.



I too can ride a bike, and pay for adverts in magazines ;)

[Yarnie]

You will find the bastards will slug you another $700 towing fee aprox, talk about highway robery, cause a few of my mates gone done doing burnouts a few years ago on their bikes and they got shafted big time.

[Cerberus]

the scary thing is that you can now be simply speeding (car or bike) next to another rice mobile (or bike) and a cop can easily slap a "street racing" change on you. i mean to an untrained eye any 1k bike at "normal" take off speed could look like you're flying!!

but also look at the area where you were caught. close enough to tempe tyres.. only place worse would have been brighton le sands on the sat just up the rd! cops in that area would just cruise and pray for someone to slap a "street racing" charge on.

EDIT: if you win tho.. be sure to slap the cops with a "refund of all the cost" claim. for the bike, towing, public transport, court costs, emotional distress... i have heard of cases where ppl have been reinbursed all the court fees etc when found not guilty

[6ixxer]

...and we were gona work on your fairings this weekend too.

That fkn sucks Greg.
Can you still ride other bikes until the court ruling? Or is it suspended on the spot?
I rekon you could appeal that with a good lawyer... but therein lies the problem.

EDIT: can't hurt to start here... http://www.legalaid.nsw.gov.au/asp/index.asp?pgid=586

[Naked Twin]

Were you actually speeding? Would seem hard to be deemed as street racing without actually speeding.

Find a good lawyer not a shite one, a good one may find a chink in the law or the reasoning you got pinned. Get plenty of good references from people with titles behind their names.

Get all the facts, well as much as possible before going to a solicitor.

Good luck

Nick

[spanky158]

So does this mean that anyone going for a blast up the old road, or any other stretch of rd that we treat like a racetrack sometimes, could be done for street racing.....

[6ixxer]

Anyone can be done if the guy next to them at the lights guns it!!

My mate had a pulsar with big rims and a cannon exhaust and got done for street racing when the guy next to him took off. Will see if he got off or not.

[Fezz]

As others have asked, how fast were you actually travelling?

[Turtle]

Isn't Mark Stenburg the BEST ???:lmao: :lmao: :lmao: :lmao:

[RUSSELL]

they should make a seperate street racing rules for bikes, it has to be >200kmph, anything under that is cruiseing. just gotta hope your judge rides and understands. best of luck with it buddy, i got pulled over once on my 750, i did a nice little number on the back wheel with a paddy wagon behind me, (i forgot to look), he done me 3 points neg driv, and wanted to impound my bike for street racing. in hind sight the only thing i was street racing was the cops themselves......


my fingers are crossed for ya!!!

[Mr Bones]

Shit Greg your not havin a good run mate!
I hope you can prove you were just takin off & not racing.
Thats Fucked!!!
Really.
Good luck mate.

[Birdman45]

just gotta hope your judge rides and understands.


well in my case, MS said that the magistrate rode bikes and coz I had a bike shop and did service work for the cops HWP bikes etc, he'd be sweet. instead, dickhead asks the magsistrate if he watched the GP race the night before to suck his cock, and got the short answer " I went to bed when Rossi crashed out". Then, when mentioning the bike shop, the prick asks me how often I was in court, as he'd ridden past my shop and I should have been sued for using DOIN' in Doin' Bikes as it is a clear rip off of Mick Doohan. Hahahha I almost laughed and explained how it is spelled and how it's a play on words, to which he said "look, I know what it is, and I'd have had you in court until you changed it" I explained Honda didn't mind and liked the name or else how would I have had the franchise. He says "yeah well, you're not the sorta guy I am ever gonna see in here for the usual things, robbery , drugs etc, and you have had one speeding fine in 10 years. Yes it's a first ofense and at .050 it is a teaspoon of beer either way as to being over or not, but bad luck, hand your licence over and have fun for 3 months". Hahaha

Yeah that went well hey fukwit. I was then told that he'd do me EXTRA mates rates (I was getting stung $1400 or something for this cock up already) as I had mapped his bike previously, I'm in the industry etc etc (like he is for fuks' sakes. Ha ) You know what those EXTRA mates rates were? $2100. Hahahahahaha Told him to get fukt and didn't pay him the other half of the $1400 for the first one. Fuk me, if I had mapped his bike and it wasn't spot on he'd be back cryin and asking where his $300 went.

I have been to court 3 or 4 times since then and through my accident etc and never used a lawyer with any of them, got just the same as I would have with one but saved the $2000 doing it. I rekon it's more personal with the magistrate too if he's talking TO you not through someone else.

My mate was losing his lic, been done 11ty times in 2 years speeding, I took him to court coz we were sure he'd lose it right there............. an hour later, representing himself, he walks away with a section 10 bond. Hahaha I nearly objected from the back gallery. Waved the speeding fine that got him there, said he'd lose his lic through the rta anyway (which he didn't due to the dates of fines being paid and when points were re-instated), didn't cost him a cent

[Turtle]

well in my case, MS said that the magistrate rode bikes and coz I had a bike shop and did service work for the cops HWP bikes etc, he'd be sweet. instead, dickhead asks the magsistrate if he watched the GP race the night before to suck his cock, and got the short answer " I went to bed when Rossi crashed out". Then, when mentioning the bike shop, the prick asks me how often I was in court, as he'd ridden past my shop and I should have been sued for using DOIN' in Doin' Bikes as it is a clear rip off of Mick Doohan. Hahahha I almost laughed and explained how it is spelled and how it's a play on words, to which he said "look, I know what it is, and I'd have had you in court until you changed it" I explained Honda didn't mind and liked the name or else how would I have had the franchise. He says "yeah well, you're not the sorta guy I am ever gonna see in here for the usual things, robbery , drugs etc, and you have had one speeding fine in 10 years. Yes it's a first ofense and at .050 it is a teaspoon of beer either way as to being over or not, but bad luck, hand your licence over and have fun for 3 months". Hahaha

Yeah that went well hey fukwit. I was then told that he'd do me EXTRA mates rates (I was getting stung $1400 or something for this cock up already) as I had mapped his bike previously, I'm in the industry etc etc (like he is for fuks' sakes. Ha ) You know what those EXTRA mates rates were? $2100. Hahahahahaha Told him to get fukt and didn't pay him the other half of the $1400 for the first one. Fuk me, if I had mapped his bike and it wasn't spot on he'd be back cryin and asking where his $300 went.

I have been to court 3 or 4 times since then and through my accident etc and never used a lawyer with any of them, got just the same as I would have with one but saved the $2000 doing it. I rekon it's more personal with the magistrate too if he's talking TO you not through someone else.

My mate was losing his lic, been done 11ty times in 2 years speeding, I took him to court coz we were sure he'd lose it right there............. an hour later, representing himself, he walks away with a section 10 bond. Hahaha I nearly objected from the back gallery. Waved the speeding fine that got him there, said he'd lose his lic through the rta anyway (which he didn't due to the dates of fines being paid and when points were re-instated), didn't cost him a cent

:lmao: I still laugh Trev everytime i hear that MS story, he helped out one of my mate just as Well as you..........What a Dickhead, do any judges like him ??

[Krack]

I pretty much agree with you there Birdy. If you represent yourself and do your research and don't come across as a pratt then the magistrate might have a bit more respect for you. I was done 146 in a 60 zone. Now before anyone cries fowl this was in the nasho from the Waterfall turn off, so for all intensive purpases its a country road, not a school zone. I chose to take it to court which was probably not a good idea as I was ill informed. My wife attended with me and I submitted a letter from her among other letters of reference and basically my wifes letter said why should she be punished for my stupidity. For it would have meant all of the driving duties would fall to her. Pain in the arse with 2 small kids.
In the end the magistrate asked the prosecuting cop if the cancellation could be backdated and she said sure, all the way back to the date of the offence if she wished. Magistrates can't reduce a sentence but they can backdate.
So she backdated the six month sentance by three months and 1/2 the $1600 fine to $800.
Also Nutter, go to the scene where it happened and get a measurement between two static references, say 2 street signs or lamp posts. Then when viewing the cops video time how long it took you to get from point A to point B and do a little D/T=S. I did that but the fuckers were right. 150kay bang on each time.

[Big Lunt]

Represent yourself - Mr MS also was going to represent me and a mate......after the initial consultation fee of $250 in which he told me about his bad boy club....blah blah blah............ I am the worlds greatest rider.......blah blah blah ............spent 5 mins talking about my case and the rest of the 1 1/2 hrs talking about himself.

In my opinion I would go to court and front the magistrate in person...I did and was let off a "supposed" 142 in 70 zone. I was straight up and told him that I was an idiot and opened up the throttle - I have no excuse.

Agree with Trev the amount of people that go to court with serious crimes or go to court with a $$$ hot shot lawyer its no wonder the magistrates get annoyed. I would go to court and say that you were not street racing and that you had simply accelerated harshly off the lights - no stupid story simple as that.

Good luck with it - front court on your own and always speak up as you will get a chance to say something.

[NuTteR]

Thanks everyone for the advice.:ayyy: It's made it a fair bit easier to wade through the shit.

Will be viewing the video during the week, will have to take some popcorn.:popcorn:

In answer to the speed question, I'm not sure of my exact speed, but would not imagine I exceeded the speed by a great deal. Max 80 in 60, but no way to tell and they didn't clock me.

[j-rad]

fight it at any cost. otherwise that shit is on ya record so next time they really go hard on ya....might as well give up road riding cause they could just about call anything street racing even just a healthy dose up to the speed limit.

I find it a funny one though since what is the definition of street racing? The law can be so inconsistent sometimes :cursing:

[hoffy]

Mate, thats seruisly farked...you cant take that shit lyin down...fight it all the way.

The owness should be on the cop to produce evidence to back himself, as thats a pretty big asumption he's making sayin you were racin'..

[hoffy]

mate a solicitor buys some cred with judges..I would definitely enlist the help of a solicitor.

[08 ZX10R BULLET]

FARKIN KOCK SUCKING mother fukers! i got done for bullshit >45 in december.be warned everybody ! there is a huge police operation in the brighton le sands area. i live near the main street and i kid you not, on friday,saturday and sunday nights i hear the police sirens pulling someone over every 5 minutes. they will pull you over for nothing!
i thing general duty cops are good but highway patrol can run into a tree at 150km/h and die and i would laugh!!!!!!!!!!!!!

and also had dealing swith MS about 11 years ago and he was useless and expensive then!!!!!:hatter:

[Tarrasque]

Now who do you think will get in more trouble, Nutter or this guy (http://news.ninemsn.com.au/national/758631/cops-car-confiscated-after-street-race)

[spanky158]

Could be worse....
http://www.smh.com.au/world/jailed-for-speeding-at-195kmh-with-son-on-back-of-his-bike-20090303-8mjc.html

[LOAFIE]

That sucks mate , good luck with fighting the Bastards

[TIGRRR]

Sorry to here about your misfortune ( polite way of putting, got screwed)
bloody highway patrol give a kid a badge, a unifrom and stick them in a car they can't drive and make decisions on things they known bugger all about...PRICKS...
Must say....better off Two down and twist the wrist how much more shit can you get into...if the dumb arses can catch you..

[Turtle]

Gee...i'm getting a very negative vibe towards police on this thread...

[ibishu]

its at this point your sister may come in handy in terms of policy clarification?

[wudka]

Will there come a day when people will realise that HWP are not Police and fight to have their Police privelages removed?

It really is becoming soo rediculous, I am considering giving up road riding. Zero tolerance on anything but crime.

[BART]

Greg,

Sorry to hear about your misfortune. This could of happened to any one of us. Hope things work out for you.

[ROB83R]

Mate, thats seruisly farked...you cant take that shit lyin down...fight it all the way.

The owness should be on the cop to produce evidence to back himself, as thats a pretty big asumption he's making sayin you were racin'..

It would be good if it was like that but it isn't.
In cases like this your not innocent untill proven guilty, your guilty until YOU prove your innocent.

There is some really good advice in this thread and some shit advice.
Its up to you nutter to choose which way you go as there are a few options.
Goodluck mate.


Maybe we should ride ct110's and see if we can get done on them.

[Dave75]

nutter that is a sh*t position to be in. Please let us know how it does go.

[gazujc]

Have been trying to decide whether to throw comments in here or not as my comments may not be that welcome given teh geenral therad but what the heck, I am on holidays and can take it out on a trail somewhere if I get peeved.

So, firt things first and this is not commenting on whether the OP was or was not street racing, just trying to throw a few curve balls into the discussion as well as create some extra discussion points maybe.


My first response on reading the thread was what was the timeline involved in all the actions, were you in the same lane as your mate, how did you accelerate (ie. hard and fast, slow and steady) and dod you all have aftermarket exhausts?

I ask as it is not uncommon to accelerate hard up to the legal limit at times simply for some fun, and IMO this is no way near street racing.

But, assume that you are not looking and hear two or three exhausts all under acceleration (imagine three CBR250's and you will understand) which combined could easily give an impression of high speed or heavy acceleration. How often are we walking down the street and hear just that circumstance and have a look to check it out?

Without have been there to me it sounds possible that the officer has heard this and has based his opinion of street racing on the audio and not the visual which I have to say IMO is wrong.

I assume that this now involves a court attendance and would suggest that you make sure the officer is called in as it needs to be determined whether he saw or heard and also what judgement he used to determine that you were in fact street racing and what is his judgement based upon.

I am sure it has been linked elsewhere or would be available but what are the definitions of 'street racing' within the context of the legislation/troad laws used in this case?





Garry

[6ixxer]

The busa is running yoshi's.
I can hear it coming several streets away if its opened up a bit.

I agree that the pipes may have made it sound like he was accelerating harder than he was.

[WET4URacing]

how fast were you 2 going???

[ROB83R]

Good points garry, but im pretty sure the officer doesn't need to attend court. The police prosecutor does all the talking.
Like I said he is guilty until he proves his innocence. The cops don't have to prove shit.

[gazujc]

Good points garry, but im pretty sure the officer doesn't need to attend court. The police prosecutor does all the talking.
Like I said he is guilty until he proves his innocence. The cops don't have to prove shit.



I thought that if you challenged in court then issuing officer had to attend.

Also (and I have been wrong many time, ask the wife) but I would expect that given the gravity of this charge the officer would be obliged to attend (if required) as a witness.

May be worth checking but I also suspect that the prosecutor will have a 'brief' (do they use a prosecutor in this type of case or is it a he said vs she said scenario)?









Garry

[thumpn]

If your challenging police in court, the officer(s) have too attend.

1st things first.. Go view the tape, if u don't want to do this

Goto a lawyer and ask the police too send you there brief (this is a "brief" statement that is pretty full on lol and they should send the tape also..and every peice of evidence they have..)

Once you've seen the tape its entierly up to you what you chose to do, if there was two of you, you can both fight it, but if there were two coppers and video footage too back it up, good luck.

Similar incident happened to me this time last year, I'm sure if you dig around you'll find it.. $5.5k and 3months loss of bike, Kept my license though..

[Turtle]

If your challenging police in court, the officer(s) have too attend.

1st things first.. Go view the tape, if u don't want to do this

Goto a lawyer and ask the police too send you there brief (this is a "brief" statement that is pretty full on lol and they should send the tape also..and every peice of evidence they have..)

Once you've seen the tape its entierly up to you what you chose to do, if there was two of you, you can both fight it, but if there were two coppers and video footage too back it up, good luck.

Similar incident happened to me this time last year, I'm sure if you dig around you'll find it.. $5.5k and 3months loss of bike, Kept my license though..

+1...been there

[thumpn]

Also, it depends on the day you go, the judge may hate bikes and just bin u straight away.. If you havent gotten your breif of evidence yet you may also find his gonna pin you with other shit .. sorry 2 scare ya haha but thats what happened too me..

I smoked it up and done a little wheelie with a paddy wagon behind me.. He confiscated my bike on the spot for 3months ($1600+$180 towing fee) and told me it was for the burnout.. I get my breif 3months later and his got a list:

Drive manner/dangerous/at speeds/dangerous too public
Negligent Driver
Burnout

In the end I got done with the bottom 2, only reason the top one was dropped is because I went in too fight it with a witness (obviously the wheelie was manner/dang) and only one pig turned up so they dropped the manner/dang

Let me know how ya go man! It was almost 10months before I ended up going too court for the serving!

[thumpn]

oh yeah but 1litre bikes are hard too wheelstand, says MR Judge:dancesmiley::dancesmiley:

[lilninja]

Shit Dude, Sorry to hear mate. I would suggest lodging your appeal in a small court, say out camden way or even picton, my missus mum works for the RTA appeals department and told me that they have an extremely high equital rate compared to the city. you can lodge your appeal anywhere you like. Oh and wear a suit a bit of respect and presentation goes a long way with judges.

[Champo]

ouch man, damn cops ey jst have some bazzar bone to pick with riders for some reason it seems. I can only jst start to feel ur pain, had my fair share of cop bs to date, but man (touch wood) thankfully nothing to that scale.

Keep ur eyes peeled guys when on cruzey rides ey, might unfortally meet the same fate. Jst for have'n fun on two wheels.

Ride happly and savely peoples:ayyy:

[Birdman45]

Will there come a day when people will realise that HWP are not Police and fight to have their Police privelages removed?

It really is becoming soo rediculous, I am considering giving up road riding. Zero tolerance on anything but crime.

yeah coz criminals don't pay money, they are generally poor and are breakin in to steal shit because of that, they're drug fukt and bash people for moeny because of that, etc.......... but good ol' Mr X and his wife and 3 kids has money, and won't fight too much to get back to life in general as quick as they can, so sting them for all they're worth. THAT is why you don't take a solicitor, coz then you can obviously afford more.

[Soloarm]

This sucks........but alas time will tell who thought what, Our apprentice was recently done for same........lawyers, courses etc, letters & he copped max 3 years loss of lic a few grands fines, a few grands impound fees & 4 grands lawyer fees that was with a squeaky clean driving record. Harsh!!!

Bloody Busa's!!

[Birdman45]

see what I'm saying, he wold have saved $4K without the lawyers and got the same at the most.

[Soloarm]

Spot on Birdman and he had all the letters, character Ref on helping Grannies. Letter stating he would lose his job without lic. But put the words street racing in court and you are goooooone! Proven or unproven, squeaky clean or a record.

He was threatened with prison term, placed in the cells for processing of the court papers, the whole works man and it's because after the couple were killed on the Grt Western & they toughened the law then started impounding vehicles it became a shit fight as lots were registered to parents so when appearing in court mums & dads were claiming them straight back soooo there was recently an uproar that the new laws were useless. So many parents have the car registered to them to save on CTP etc. So they are just coming down on them HARD!

This bloke was reported by a neighbour.........no police saw, no footage, just statement from bloke down the rode, tilt tray turned up at his house, finger printed on his car bonnet, car and lic all gone in ten minutes at 7.30 on mon morning. 4 grand on lawyer to cop max anyway.

not try to sound like you have no hope but if a bloke with an absolutley clean record gets done like that mmmmmmmmmmmm!

[drukenhard]

I find it funny they gave you a racing charge without an exceed speed charge.

You can accelerate as fast as you want as long as you don't wheelstand, burnout or exceed speed then you haven't broken a law.

If the police cannot show that you did exceed speed then you should be able to get off with all costs.

Write into the newspapers to gain some similar horror stories and support for your cases....maybe even a news spot on police abusing their power!

If all else fails I would be happy to remove the officers involved from the gene pool!:warning:

Good luck mate

[Turtle]

I find it funny they gave you a racing charge without an exceed speed charge.

You can accelerate as fast as you want as long as you don't wheelstand, burnout or exceed speed then you haven't broken a law.

If the police cannot show that you did exceed speed then you should be able to get off with all costs.

Write into the newspapers to gain some similar horror stories and support for your cases....maybe even a news spot on police abusing their power!

If all else fails I would be happy to remove the officers involved from the gene pool!:warning:

Good luck mate

Very Good point.....:ayyy:

[gazujc]

If the police cannot show that you did exceed speed then you should be able to get off with all costs.




Not neccessarily.

You can be charges with Dangerous driving, Negligent driving and any number of offences without having exceeded the speed limit.

One does not have to exceed the speed limit to necessarily be racing as the definition used could well relate to any action that could cosntitute competing on the public roads (ie. accelerating could be deemed drag racing).
Thus as was posted earlier the crucial piece is what background and/or experience the officer used to determine the charge, not whether the OP was or was not speeding.







Garry

[Birdman45]

How the FUK do you get done on word of a witness that calls in? Hahaha That is just fukin criminal. What evidence did they have besides the word of the fukwit down the road and why couldn't it have been about the guy just not liking bikes? hahah what a complete hoax. I might call up and tell the cops I was street racing. haha give them my name and number plate. When they get here I show them my arms and bike and say "you're fukin kidding me aren't you? Found my stolen bikes from 5 years ago yet fukwits? Hmmmmmmm?"

[jace]

How the FUK do you get done on word of a witness that calls in? Hahaha That is just fukin criminal. What evidence did they have besides the word of the fukwit down the road and why couldn't it have been about the guy just not liking bikes? hahah what a complete hoax. I might call up and tell the cops I was street racing. haha give them my name and number plate. When they get here I show them my arms and bike and say "you're fukin kidding me aren't you? Found my stolen bikes from 5 years ago yet fukwits? Hmmmmmmm?"

haha,
classic.... Spacialy the last question...:lmao:



.

[Birdman45]

Yeah I'm thinkin that "Hmmmmmm?" will have 'em stumped. Haha

[Turtle]

How the FUK do you get done on word of a witness that calls in? Hahaha That is just fukin criminal. What evidence did they have besides the word of the fukwit down the road and why couldn't it have been about the guy just not liking bikes? hahah what a complete hoax. I might call up and tell the cops I was street racing. haha give them my name and number plate. When they get here I show them my arms and bike and say "you're fukin kidding me aren't you? Found my stolen bikes from 5 years ago yet fukwits? Hmmmmmmm?"

Yeah, thats BS, you cant get booked on someones word, not unless they are a walking RADAR unit.......i T-BONED a car a couple of years ago and some bitch witness said to the cop "He was speeding" the cop said to her " YOU cant say that" which then the same Slag said " well he was doing over 100" the cop once again said "you cant say that" then she walked away....Fucken Bitch.....

[Birdman45]

and then Ray said "Fuk off slag" and the cop said, "yeah, you can say that" Hahaha

On a side note, I don't then understand how on 3-5 witnesses to my accident that said "we were both close" to running the red and the bitch that hit me stating in hers that she was stopped behind the white line and as the light turned yellow, I went accross the intersection before it went red and a bike came from nowhere and hit me"

How the fuk do I get pinned with running a red light when nobody said I did, and infact she said she fukt up, you can't move if you're stopped behind the line and the light goes yellow, at least I have to stop only if I can safely do so before the line. Cops are fukt. They should change the wording of "the Justice system" to "The Lottery system of Law" coz you can never say which way it will go regardless of what you do, it's a fukin joke.

[jace]

I overtook some grumpy old slag in the nasho once, soon after,a couple of K's down, I pulled over to wait for some others to catch up.
When she saw me on the side of the road, she pulled up almost knocking off my mate sitting on his bike next to me & had the hide to mouth off & threatening to report me to the police for endangering her safety while I was overtaking......:lmao:

The funny thing is that one of the guys that was still behind her said that after I passed her, she tried to chase me down & almost crashed....:cursing:

That was farkin funny......:lmao:

[saf]

I agree on the self representation front, but for that token it depends on the circumstance. For all intents and purposes get a lawyer to go and watch the video with you. They'll be much more savvy as to what can and cannot be sidestepped or loop holed. Then armed with your knowledge and tactics go forth and represent yourself. In a nice suit.

I'm not sure about MS but I had some joy with Chris Kalpage. I consulted with him for a couple of hours over a few weeks and he gave me the lowdown on the scenario, what I can and can't do and so forth. He also viewed some footage with me down at the station. When the popo saw him analysing the footage the cop realised the footage wouldn't hold up, as Chris pointed out, it was insubstantial in xyz respects. I wouldn't have known this and he would've cornered me. As it is I went free with only laywer costs of ~1500.

The money would have otherwise gone to paying a fine, but instead it went to some bloke who rides a bike and I went back to riding mine.

If you are going to check out a bike laywer, try Kalpage.

[Big Lunt]

I have heard good things about Chris Kalpage - hey maybe we should get him to join the RATS gang??

[Birdman45]

That's a good point, if he knows his shit and gets results. Never heard about him until now.

[saf]

birdman, I just saw the Doin' Bikes banner in your sig and laughed when I thought some arsehole could not only confuse that with Doohan but take exception to it. Man what a troglodyte.

[jasonbw]

That was part the point of the business name... pretty cool methinks.

[Slippery]

http://www.police.nsw.gov.au/news/latest_releases?sq_content_src=%2BdXJsPWh0dHBzJTNB JTJGJTJGd3d3LmViaXoucG9saWNlLm5zdy5nb3YuYXUlMkZtZW RpYSUyRjU0MDkuaHRtbCZhbGw9MQ%3D%3D

Two men arrested and cars confiscated after street racing - Ashfield
Saturday, 07 Mar 2009 09:43am

Two men have been arrested and had their cars confiscated for street racing in the Ashfield Local Area Command overnight.

About 12.15am highway patrol officers detected two vehicles, a blue Mazda MP3 and a red Toyota Celica, travelling at an estimated speed of 80 kmh in a 60kmh zone on Parramatta Road, near the intersection of Bland Road.

Police will allege both vehicles revved their engines and accelerated on passing the stationary speed station.

Police initiated a pursuit and the vehicles were stopped about one kilometre west on Parramatta Road.

The two male drivers, aged 22 and 24, were arrested and issued with Field Court Attendance Notices on charges of exceed speed over 30 kmh and take part in a race between vehicles, to appear at Burwood Local Court on 7 April 2009.

80km/h in 60 zone = excess speed over 30km/h :confused1:

[dazzler]

oh fuck here we go again:hatter:

[dilbee]

how does exceed speed over 30 kmh fit into the same catagory as travelling at an estimated speed of 80 kmh in a 60kmh zone:confused1:

[Turtle]

80km/h in 60 zone = excess speed over 30km/h :confused1:

Cmon, everyone knows how DUMB coppers are.......(60+20=90......????) Right ? :lmao:

[Birdman45]

problem is, you'd think that the fuk up will help to get them off, like "well if they can't get that right, then how can anything else be right?", but it don't mean shit. Magistrate will just say "it's a mistake, it's nly 15-30 over, no hand over you lic" LOL

On my statement of facts there was a cover sheet that at the bottom said "witnesses = 0"
then had 5 witness statements attached. I pointed this out on the first court date and the prosecutor said "oh, they just left that out". I replied "No, if it was blank they'd have left it out, they PUT 0 THERE, are these witness statements or not?"

Magistrate said we had to go back another day after they got the actual witness statements and saw what they said coz the cops were trying to ping me for running a red and causing the accident, pricks. Even then, when we went back, (that magistrate was sick so went to someone else who didnt' give a fuk either way)the new prosicutor said to me "look, some say you ran the red, some didn't, wanna you wanna do, fight this?" Hahahaha I asked him to show me ONE fukin line where it says I ran a red light, so he walked out, spoke to someone, came in a nd said "look , doesn't matter you honour, he's not being charged with that anyway, I'm happy to ignore it". Hahahaha THEN, while the dopey mut is trying to work out my punishment (for being d.u.i from blood test from accident) she ASKS THE PROSECUTOR ABOUT WHEN SHE STARTS THE LOSS OF LIC FROM AND 2 OR 3 OTHER MATTERS ABOUT HOW SHE CONVICTS ME" Hahaha what the fuk?????

[Turtle]

problem is, you'd think that the fuk up will help to get them off, like "well if they can't get that right, then how can anything else be right?", but it don't mean shit. Magistrate will just say "it's a mistake, it's nly 15-30 over, no hand over you lic" LOL

On my statement of facts there was a cover sheet that at the bottom said "witnesses = 0"
then had 5 witness statements attached. I pointed this out on the first court date and the prosecutor said "oh, they just left that out". I replied "No, if it was blank they'd have left it out, they PUT 0 THERE, are these witness statements or not?"

Magistrate said we had to go back another day after they got the actual witness statements and saw what they said coz the cops were trying to ping me for running a red and causing the accident, pricks. Even then, when we went back, (that magistrate was sick so went to someone else who didnt' give a fuk either way)the new prosicutor said to me "look, some say you ran the red, some didn't, wanna you wanna do, fight this?" Hahahaha I asked him to show me ONE fukin line where it says I ran a red light, so he walked out, spoke to someone, came in a nd said "look , doesn't matter you honour, he's not being charged with that anyway, I'm happy to ignore it". Hahahaha THEN, while the dopey mut is trying to work out my punishment (for being d.u.i from blood test from accident) she ASKS THE PROSECUTOR ABOUT WHEN SHE STARTS THE LOSS OF LIC FROM AND 2 OR 3 OTHER MATTERS ABOUT HOW SHE CONVICTS ME" Hahaha what the fuk?????

Same as when i went DUI ....charge read 0.14 "High Range".....but high range is 0.15 and over......magistrate said, "Doesn't matter", they know what they will give you before you sit down.......

[Birdman45]

and there in lies the stupidity mostly of using a lawyer. All this shit is worked out before you get there. I look at it like this. Most of us here are decent people that will be in court maybe 3 times in their life time. Does a lawyer care if you use him ONCE and he see's you again MAYBE in 10 years? No. But he does care about the 21y/o flogbag that will be in court every couple of months and mum and dad pay the fines and legals for him and so he needs to get off with as much as possible. So they "work out" who gets what, the show goes on, you get hammered coz who cares? You don't know enough about it anyway, meanwhile Johnny Fukstik walks in after beating some ol lady to within an inch of her life while he was on bail for the same thing 3 times previous , and gets a suspended sentence and $500 fine. Cha Ching, come again............... It's bullshit

[Johnny]

Nutter, any updates mate ?..

[6ixxer]

he said his plea is being heard this week and then they give him a hearing date that could be more months away.

[Johnny]

Thanx, shouldve known that a not guilty plea automatically equals an adjournment..


All the best Nutter.

[Dr freedom]

Fck bored cops piss me off.

Ive been a victim of a bored cop in the past as well..

Dennis Miralis is the lawyer you need to chat to.