Off To Court :(

[85URK]

Oh lol. That was that they put crosses on the boxes instead of dots. I only mentioned that as a joke. Even if I could get off a charge for that I'd like to think I wouldn't because it would be so unbeleivably retarded. I suppose with such a messed up system you could except it to have such a major flaw like that.

yeah that was what i was talking about, but anyway on my fine they mispelt my name, and said the vehicle was a sedan when it was a coupe etc and they just went ahead and changed it to suit them.

[666DAN]

At the end of the letter you should write, 'you reserve your right to rely on this letter and any response in support of a claim for costs'.

Worded similar to Nissan Australias attempt

[Sexual_32]

Whens ya court date mate? let us all know how u go.

[ToMMaH]

Well it's all a nice little mess at the moment.

I've gotten a letter from the shop that did my diff shim saying what work was done and that it doesn't lock and is still the standard diff. So all good on that front

I can't get a QLD transport inspection place to look at it because I don't need them to look at it for clearing the defect and to have it booked it for a general inspection I'd have to wait till 8/9th September. No surprise that based on that if I tried to get an inspection the very next day I'd only be able to get a look in after the court date anyway. Basically they didn't want to know about it and the person I finally ended up talking to said they have nothing to do with defects given from police.

I got told by them to go talk to the cop that wrote out the defect but I was told by a lawyer that as the court date has gone through there is nothing the cop can do about it now. The lawyer said I need to submit all information I have to police prosicutions and they will decide if they want to proceed with the case or not but I only get told yes/no in court on that first hearing.

The 19th sure is going to be fun

[Dantay]

best of luck mate, hope you come out with a good outcome.

[R33GTRKid]

it is a standard line for ending a letter and protecting your position as far as costs go, and that letter was not written by Nissan but by their solicitors

[RGR33]

Hey guys,

I am in a bit of a similar situation.

I go to court on the 15th of August for a speeding ticket- the ticket says 89 in a 60 zone, but the sign on the street where the cop got me says 70... so the points, fine and everything are different for the two situations! Thats the first thing i wanted to contest, but it sounds like they may just change it and say thanks for pointing it out.

The next point is.. the damn cops got me going up a hill at the end of a lane merge where i had sped up to change lanes to avoid having to pretty much stop and wait for the traffic that was next to me. That seems a bit rough. For those of you in Brisbane, they got me up that hill just past carindale on Old Cleveland Road- where there is a big shoulder on the road that i think even has an entrance lane for sidestreets.

And the third... the cop car was hidden behind a sign and some bushes, and was not in the slightest bit visible to the vehicles oin the road. Just a bit more evidence that speed traps are there as revinue raisers and not as detterents.

Does anyone have a copy of the rules and regs for police laser usage as i have been told that the car has to be visible, and they cannot set up in an area that is a) on a hill and b) in a place where the driving environment changes (lane merge from 3 lanes to 2). I have also been told that speed traps are only supposed to be used in known blackspots and high accident areas! Any suggestions?

Cheers, and good luck with your court case ToMMaH, i think you have more of a chance of winning and keeping your license than me!

[KJS]

Hey guys,

I am in a bit of a similar situation.

I go to court on the 15th of August for a speeding ticket- the ticket says 89 in a 60 zone, but the sign on the street where the cop got me says 70... so the points, fine and everything are different for the two situations! Thats the first thing i wanted to contest, but it sounds like they may just change it and say thanks for pointing it out.

The next point is.. the damn cops got me going up a hill at the end of a lane merge where i had sped up to change lanes to avoid having to pretty much stop and wait for the traffic that was next to me. That seems a bit rough. For those of you in Brisbane, they got me up that hill just past carindale on Old Cleveland Road- where there is a big shoulder on the road that i think even has an entrance lane for sidestreets.

And the third... the cop car was hidden behind a sign and some bushes, and was not in the slightest bit visible to the vehicles oin the road. Just a bit more evidence that speed traps are there as revinue raisers and not as detterents.

Does anyone have a copy of the rules and regs for police laser usage as i have been told that the car has to be visible, and they cannot set up in an area that is a) on a hill and b) in a place where the driving environment changes (lane merge from 3 lanes to 2). I have also been told that speed traps are only supposed to be used in known blackspots and high accident areas! Any suggestions?

Cheers, and good luck with your court case ToMMaH, i think you have more of a chance of winning and keeping your license than me!

you have three situations??

that is so scary, sounds like getting stalked by cops.

and makes me feel afraid to step on accelarator.

that day I went passed the speed camera near Taragindi exit along Pacific Motorway.....and as I was leaving the camera near the curve (few more meters away would be a spot you can't even see the camera) unfortunately it flashed.......I would say double flashed.

but that time I was below 100 tho.......probably near to 90......now I am thinking whether it was flashing the taxi behind me or my car.

kinda worry.

[ToMMaH]

Well I went for the initial hearing today. I have pleaded not guilty. The trial will be on the 4th of November.

Police prosicutions rejected the letter which included amoungst other things, a saftey certificate & workshop letter stating my diff is not locked.

It was rather interesting listening to other peoples cases though. Everyone seemed to be a drink driver.

Good times....

[Russco]

Well I went for the initial hearing today. I have pleaded not guilty. The trial will be on the 4th of November.

Police prosicutions rejected the letter which included amoungst other things, a saftey certificate & workshop letter stating my diff is not locked.

It was rather interesting listening to other peoples cases though. Everyone seemed to be a drink driver.

Good times....

You'll get off on this, in no way shape or form have they substantiated beyond reasonable doubt that your diff was locked as they simply did not inspect it. Unbelievable. Yet another fine example of how the Qld Police Service are completely uneducated in this area and should not be policing it - if in doubt they should simply refer you to the Dept of Tpt for an inspection by a "qualified" person who has undertaken adequate training in this area.

What a waste of taxpayers monies pursuing something like this, surely our Courts have more important matters to deal with than junk allegations like this.....I'm sure that's the view the Magistrate will take as well.

Good luck.

[blitza]

How come those prosecutors rejected your letters? What were their reasons?

Please tell!

[ToMMaH]

They didn't say unfortunatly. I guess I might find out in 2 months 1 week when I can get a copy of the police evidence. Of course it will be on one of those little yellow sticky things saying only "we heard a noise... it must be a locked diff! kill him!"

They probably just thought I'd plea guilty? Or I swapped my diff around for the saftey certificate and that the letter from O1G was.... well I have no idea.

[Russco]

How come those prosecutors rejected your letters? What were their reasons?

Please tell!

More of a policy issue than anything else. Would need to be careful how you word your letter as they'll probably use whatever they can from it against you in court.

Edited August 20, 2008 by slapper

[MR33SOM]

They didn't say unfortunatly. I guess I might find out in 2 months 1 week when I can get a copy of the police evidence. Of course it will be on one of those little yellow sticky things saying only "we heard a noise... it must be a locked diff! kill him!"

They probably just thought I'd plea guilty? Or I swapped my diff around for the saftey certificate and that the letter from O1G was.... well I have no idea.

ive been watching this post for awhile now, sucks that its gone to trial.... but i spose if they come back with 'you swapped out the diff for the safety inspection' you could argue it.. but really if you have a letter from the workshop saying work was done to your diff and its the same one in there dont really got much to stand on? i'd try get a QLD transport inspection before the next court date to if possible.

im really wondering what they are going to be coming back at you with?... my best advice is do all your research before the trial (lol sounds like a murder case)...

good luck bud, keep us updated!

[ToMMaH]

I called QT about this trying to get them to have a look at my diff and they don't want anything to do with it unless I was sent there by police for the defect which I wasn't. John (lunatikk) also has a friend who works for QT who he talked to in regards to having them look at the diff and he said the same thing. I could get a saftey cert from QT but they wouldnt go opening up my diff, they'd probably just assume its locked too and fail the certificate.

I can only get a copy of the police evidence 2 weeks before the trial.

[Imtorqing]

I go to court on the 15th of August for a speeding ticket- the ticket says 89 in a 60 zone, but the sign on the street where the cop got me says 70... so the points, fine and everything are different for the two situations! Thats the first thing i wanted to contest, but it sounds like they may just change it and say thanks for pointing it out.

= WOULD BE REISSUED WITH CORRECT SPEED ZONE AND STILL STAND

The next point is.. the damn cops got me going up a hill at the end of a lane merge where i had sped up to change lanes to avoid having to pretty much stop and wait for the traffic that was next to me. That seems a bit rough. For those of you in Brisbane, they got me up that hill just past carindale on Old Cleveland Road- where there is a big shoulder on the road that i think even has an entrance lane for sidestreets.

= KEY WORD PICKED OUT "GOING UP A HILL". GOING DOWN A HILL MIGHT BE A BIT ROUGH. MERGE LANE DOES NOT MEAN ACCELERATE AND THEN MERGE

And the third... the cop car was hidden behind a sign and some bushes, and was not in the slightest bit visible to the vehicles oin the road. Just a bit more evidence that speed traps are there as revinue raisers and not as detterents.

= SPEED TRAPS ARE REVENUE RAISERS - SPEEDING TICKETS ARE VOLUNTARY. SPEED = TICKET DONT SPEED = NO TICKET. SEEMS PRETTY SIMPLE TO ME.

Does anyone have a copy of the rules and regs for police laser usage as i have been told that the car has to be visible, and they cannot set up in an area that is a) on a hill and b) in a place where the driving environment changes (lane merge from 3 lanes to 2). I have also been told that speed traps are only supposed to be used in known blackspots and high accident areas! Any suggestions?

WAS IT A HAND HELD LASER OR IN CAR/SIDE MOUNTED RADAR.

a) Again I dont see how you can whinge as tell me the disadvantage to yourself for being on the upside of a hill. The car does not have to be visible. I drive alot more sedately knowing that speed cameras and traps are around as you dont know where or when you will come across one. I can imagine how safe our roads would be without speed enforcement.

b)Site is restricted by workplace health and safety. There is a criteria they must check before setting up a static site ie suitable place for interception, visability to road users, speed limit, lanes, volume of traffic and whether seperation when intercepting etc.

But back on track I do feel for Tommah's situation as I cannot see without seizing the car on the day for mechanical inspection, how they can prove beyond a reasonable doubt that it was a locked diff. Bring your mechanic with you to court to confirm that the same diff is in it and that it hasnt been modified and offer to take the magistrate for a spin to show that it is still making the screech lol.

[bilbo117]

I hope your aware if you said anything to incriminate yourself at the time of being pulled

over it will be used against you and I think you'd have trouble backing away from that.

Anything you said me be brought up in court, and it was when I went...

Sounds like you have a strong case, though I would have gone and seen the officer who booked you for it

or maybe he's supervisor and told him the story. The police arent THAT scary.....

Bill

[ToMMaH]

I pretty much said nothing to the cop, didn't answer his questions relating to mods. I definantly never said I had a locked diff. I also have a witness to the conversation, my mum who is a doctor so that helps for credability.

[mic_check_1_2]

ure sucha hoon tom, LOL

[ToMMaH]

I got something rather amusing in the mail today

"Notice to person permitted to go at large without bail"

It goes on to say the offence is "modification of vehicle parts or equipment affecting saftey. Act/legislation: Transport operations (RUM - VEH Stand.) Reg 1999 Section 6(1)(B).

So I went and looked that up at http://www.legislation.qld.gov.au/LEGISLTN...tOpRUVSSR99.pdf

It says, "(1) A motor vehicle, other than an articulated bus, must have

only—(a) 1 axle group, or single axle, towards the front of the

vehicle; and

(b) 1 axle group, or single axle, towards the rear of the

vehicle.

LOL... Im sorry but what about my diff? I've looked through the rest of the act and it mentions nothing about diffs. amusing.

Edited September 8, 2008 by ToMMaH