Notice To Appear - 07/08/2007

[benny bobo]

Hey guys.

On Sunday 15/07/2007 20:25 @ Hope Island Rd, Oxenford (Oxenford overpass) from the set of lights to go down the on-ramp onto M1 Southbound (to Helensvale) I accelerated a bit heavily (R33 4DR Auto GTST) when the lights went green, which resulted in some wheelspin, creating noise (and according to the cop, smoke). This was not intentional.

When I was about 100m past the on-ramp on the highway (not speeding), I noticed flashing lights up the top of the on-ramp. I thought to myself 'damn, that will be another 2 points and $240 bucks'... I pulled over and weighted about a minute for him to pull over behind me (he was behind traffic).

I got out my licence while waiting for the officer to come upto my window because I knew I was clearly in the wrong. When the officer got to my window he proceeded to verbally abuse me for being a dickhead (I do not blame him for this as I understand what they have to put up with). Within this abuse he stated that I 'left the intersection in a cloulf of smoke' and I will lose my licence for 6 months!, he then also said "your car is a F***ING piece of S**T and I couldn't be F***ED towing it". Kind of ticked me off a bit but I was glad he didnt tow it obviously.

He then went back to the vehicle and after a few minutes a female officer (Constable Emily) approached the vehicle and issued me with a Notice To Appear in Magistrates Court Southport on the 07/08/2007 for "OFFENCE: MAKE NOISE AND SMOKE"

Making noise AND smoke is obviously part of the HOON LAWs...

All I had was a bit of wheelspin. next day I checked the bitumen where the 'offence' happened, there is ONE treadmark, about 10cm's wide, and different pattern to my tires. CLEARLY not from my R33.

I am not saying I shouldn't be charged, I am saying that I should have been charged with 'UNNECCESSARY NOISE' (2 Points, $240 dollars).

I emphesise that 'I DID NOT EXCEED THE SPEED LIMIT' and I complied fully with the officers and I pulled over and waited for the police to pass traffic to pull over behind me...

I do not agree that 'excessive wheelspin resulting in noise' has the same outcome as 'sitting there for 5 minutes doing a burnout, filling the street with smoke'.

If I plead guilty, I have 2 possible outcomes that I have thought of:

1. I state I didnt mean to do it and i am sorry for my actions = $200-$500 fine, maybe some points lost...

- or -

2. I state I didnt mean to do it and i am sorry for my actions = YOU DRIVE A SKYLINE, YOU ARE A HOON - GOODBYE LICENCE, GOODBYE > $500

I am set on the most likely outcome being number 2...

I do not agree that I should lose my licence for this.

Does anyone know any good & cheap solicitors on the Gold Coast? (I am aware it is usually Good VS Cheap)

PS: Look what car is the "POSTER CAR" for the new police import laws. Silver 4 door r33 gtst (same as mine)

Edited July 19, 2007 by benny bobo

[sunnycoast]

I am really sorry to hear that mate. Theres really nothing i can offer to help, but i thought i would mention that the car on the tow truck is my old R33 that i sold 4 weeks ago... i can't believe the new owner lost it....

[AlexR34]

I am really sorry to hear that mate. Theres really nothing i can offer to help, but i thought i would mention that the car on the tow truck is my old R33 that i sold 4 weeks ago... i can't believe the new owner lost it....

ahahhahahah your famouse man lol, your car is on a flier lol. congrats

[Nismo_Boy]

i would mention that the car on the tow truck is my old R33 that i sold 4 weeks ago... i can't believe the new owner lost it....

You don't happen to be the young guy working at Mdore Shire?

[R334door]

You don't happen to be the young guy working at Mdore Shire?

Yes he is. Councilor Christain.

[Keegs]

What's your traffic history look like? Depending on a few things, the likelihood of you losing your license for this is low. A judge will take all things into consideration, but don't be stupid and ignorance is no defence in law. You cannot claim you thought flooring it at the lights wouldn't spin the wheels etc etc, you didn't mean to etc...a judge will see straight through that.

Best thing to do is accept it and show remorse. Apoligise, say it was a spare of the moment thing and looking back you realise how stupid and foolish it was. Mention you require your car for driving to work etc and you strongly value your license. They take into consideration the fact you are pleading guilty and that you cooperated with authorities. Mention all of these things.

Being summosed isn't as bad as what many think, just because your going to court doesn't necessarily mean you're screwed. It just means, in most traffic offences, the punishment is discretionary (for the judge to decide based on facts).

Prepare well and you'll be fine. Any lawyer that practices in traffic related matters will be able to help you, although it's probably not necessary for something such as this. I can give you some details if you wish.

[benny bobo]

Thanks for the help Keegs, you've calmed me down a bit mate.

Although, I did get a "Wilfully drive a vehicle in a way that created unneccessary noise (No Smoke)" back in January. (2 points and $240)

Just a question... It doesn't really bother me, but because I have to go to court for this, can they do demerit points on my licence? I've never been sure of this cos they aren't Police or Transport Department..

[Keegs]

Yes, there will likely be a set demerit point loss for this offence. The court's job is to decide if and what further punishment you require, i.e. the fine level or possible license suspension. If that's the offence you listed above is the only you've ever had, you should be ok. Just take what I said into consideration, prepare what you're going to say and make sure you emphasise your remorse for your actions.

[Keegs]

Also:

I'm not expressly familiar with traffic law however I did believe that this fine was only to be handed out under the premis that the officer suspected the excess noise and smoke was in conjunction with a race or time trial or otherwise misuse under the "hoon legislation". Did the officer indicate or question you relating to this? It's likely that he will use the wheelspin etc as his basis for handing out the fine but as he didn't fine you for this it's arguable.

I wouldn't suggest trying to exploit this argument without further legal advice from someone based in this area of law. It would also in your case be wiser to just take the guilty plea and plead to the court and hope for the best.

*This is general information relating to my opinion and does not represent or constitute legal advice. You should seek independant legal advice relating to your circumstances before taking any action.*

[subzeroR33]

Everyone should carry voice recorders and use them when being pulled over by police. Even though you have committed a traffic offense and you accept it fair enough.

But you dont have to put up with that type of abuse from police, it would be nice to play it in court thats all.

[Jdfnq]

Everyone should carry voice recorders and use them when being pulled over by police. Even though you have committed a traffic offense and you accept it fair enough.

But you dont have to put up with that type of abuse from police, it would be nice to play it in court thats all.

That's a good idea, however I have heard of circumstances where it has backfired

[[mez]]

Here her subzeroR33.

When I got done I got a belting aswell!

Never thought at the time about turning on voice recorder on my phone...

Jdfng: I'm not sure about it, but I think it may be an offence to record them without their knowledge and/or consent. Hmmm....

Edited July 19, 2007 by [mez]

[Jdfnq]

Here her subzeroR33.

When I got done I got a belting aswell!

Never thought at the time about turning on voice recorder on my phone...

Jdfng: I'm not sure about it, but I think it may be an offence to record them without their knowledge and/or consent. Hmmm....

It isn't as far as I am aware as long as you let the officer know that the recording is taking place...

May be wrong though...

[shnaped_second]

Ive been threatened several times by 5 0 that they will bash me after there shift... but remember kids, cops are tops!

This is for those of you who asked for it last time, # 10

[Nismo_Boy]

Ive been threatened several times by 5 0 that they will bash me after there shift... but remember kids, cops are tops!

This is for those of you who asked for it last time, # 10

So you up to 30ish points yet? I can't be the only points bandit :sorcerer:

*side note* Lost another 6 in Court yesterday and I don't even have my f**king license back yet :laughing-smiley-014:

[subzeroR33]

Here her subzeroR33.

When I got done I got a belting aswell!

Never thought at the time about turning on voice recorder on my phone...

Jdfng: I'm not sure about it, but I think it may be an offence to record them without their knowledge and/or consent. Hmmm....

It is LEGAL to record a conversation between you and another party without there consent, however it is ILEGAL for you to record a conversation between two other people who are unaware, you being the third party.

Police allegedly record all conversations on 99% of all traffic stops. They just allegedly delete the ones they dont want anyone to hear.

[subzeroR33]

On the other hand police are probably sick and tired of hoons and attending fatal accidents involving young drivers that were speeding, they are just tring to get there message across.

[Nismo_Boy]

On the other hand police are probably sick and tired of hoons and attending fatal accidents involving young drivers that were speeding, they are just tring to get there message across.

True, however you will find that certain cars are targeted for no reason. Yes, people drive like knobs, yes it happens in "targeted/black listed" hoon cars however not everyone is like that. In theory cars don't attract attention it’s meant to be the driver, however that’s a total lie as now just owning one style of car is the attention in its self.

I guess it's kinda like me saying all black people steal, which is not true. The Police can’t single out every Skyline/Supra/insert import here driver. I had this conversation with the Police prosecutor before I went into Court yesterday in fact.

In regards to young people in accidents the Media and Police forget to mention the other people involved half the time. Yes we always here the stats on people under 25 but the fact of the matter is there is a higher % of people in Australia over 25 who have and are involved in more accidents then the under 25's.

Unfortunately the hoon band wagon media story still sells and will continue too, thus we will always be raped.

[shnaped_second]

So you up to 30ish points yet? I can't be the only points bandit :sorcerer:

If i pay the fine before next month i will pass 30... but i wish to keep my licence for a little longer so i will wait so it will only count for 4 points not 8

skids ftw

[Nismo_Boy]

If i pay the fine before next month i will pass 30... but i wish to keep my licence for a little longer so i will wait so it will only count for 4 points not 8

skids ftw

I'm at 36 when Queensland Transport updates the system, or when ever the court informs them. Hurry up and lose more, I feel like such a loner