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ok here goes to save time im just going to cust and paste what i have sent my lawyer...

...................

Good morning,

Im looking for someone to possibly represent me for an alleged offence that occured on the 19/02/2009

I was dropping a freind off at his home on Dandenong road Mt Ommany 2 doors down from the mount ommany police station

As i was pulling in an unmarked silver commodore flashed his lights and asked me to hop out and speak to him.

He asked if i had dome any modifications to the car?

I said yes i put a shiny exhaust tip on and renewed the suspension as it was worn and near on 20 years old

The officer then went to his boot to get a meusuring tool and proceded to advise me that the car was to low I challenged that staement and asked for a 2nd look and yes it was aroung 7 mm's under the legal 100 mm's

I advised that i had the car booked in to pedders (the same people who had installed the suspension in the 1st place) to check the ride height and reset the height if needed

The suspension is an imported brand and as such no body was sure if they would sink a little while the springs were "bedding in" it appears they had sunk an additional 7 mm's below legal as per the officers muesurement.

I advised the officer of this and that i can get it fixed right now

The officer only seemed interested in giving me a defect notice

now this is where it gets weird...

he also asks me when i would like to attend court?

i was like why ? im going to get the car to legal spec the next day the issue is solved?

The officer advised that he has to send me to court and if i get caught in another defective car after this court date over the next 3 years (if found guilty) ill lose that car for 48 hours even if it is not mine?

the court date is on the 05/03/2009 at 8:30 at richlands court house

I presented my car to the Mt Ommaney police station the day after the defect as promised after my appointment with pedders (where i was going anyway!) and the female officer that was with the other officer on the day of the defect was there - she remusured the ride height of the car and advised that its up to legal specs.

I again spoke to her at length asking her as to what purpose i need to go to court?

i did not receive an answer that really made sense other than "quote" if i had of been pulled over by a marked police car i would only receive a defect and possibly a fine but no court apperance would be needed"end quote"

Regards

Jason

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just paid the lawyer his retainer of $500

he is going to ask the cops to supply him a "Q9" form which outlines the offence

all this chap does is traffic and defect offences an he seems to dislike the po po as much as i do lol

all i advised i want to happen is i do not want to go on there gay black list "hoon laws"

he said would be a peice of cake considering my clean traffic history

to be continued.........

Edited by DAS KAMU
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If I was in your shoes, would do the exact same thing. A lot of people tend not to bother, as it's a hassle, but, as you said, I would not want to be on their black list as a hoon. And it would mean you could lose your car for 48 hours for another equally frivilous thing, next time you get pulled over.

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If I was in your shoes, would do the exact same thing. A lot of people tend not to bother, as it's a hassle, but, as you said, I would not want to be on their black list as a hoon. And it would mean you could lose your car for 48 hours for another equally frivilous thing, next time you get pulled over.

likewise.. it just sucks how cops dont understand people situations, its not like you where threating anyones life at the time of the defect, its up to the person who books you aswell..

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well i still got done for it mine is the non oiled one

Well you've just been punked, a lot of defects get issued based on ignorance and the hope you won't question it. In the older QLD modification guide it was actually under a specific heading relating to it. Contact QLD transport modification branch, get confirmation, contest the fine.

QLD transport will tell you they are legal, must be secured properly, be of flame retarding materials, & non oiled, no mention of shielding at all and it would be your responsibility to find the relevant documentation to it being flame retarding (ie contact the manufacturer)

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You must have had your baseball cap on backwards-sideways or some other blatant hoon behaviour.

Fight the powers!, I hope the judge gives the cop a serve for clogging the legal system with such frivolous crap.

What a joke.

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has anyone been to court and bothered to fight this kind of shit

Lol yeeeeeaaaap.

So did pedders up your ride height then?

The only way out of this would be if it wasn't tested correctly being not on a flat surface. Knowing that strech of road it's not. I'm guessing that was damo(? think his name is, had a blue 32 gtr?) whos house you were out front of. If pedders didnt do anything to make your car legal height and will testify to that extent then you'd be able to fight this.

If it was actually an illegal height then your fooked :D Bassically depending on what your charge is you may find youll just walk out of court with a $75 fine if you pleade guilty. No points. Yes it will count as first defect towards having it confiscated.

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Lol yeeeeeaaaap.

So did pedders up your ride height then?

The only way out of this would be if it wasn't tested correctly being not on a flat surface. Knowing that strech of road it's not. I'm guessing that was damo(? think his name is, had a blue 32 gtr?) whos house you were out front of. If pedders didnt do anything to make your car legal height and will testify to that extent then you'd be able to fight this.

If it was actually an illegal height then your fooked :wacko: Bassically depending on what your charge is you may find youll just walk out of court with a $75 fine if you pleade guilty. No points. Yes it will count as first defect towards having it confiscated.

yeah the ground was an uneven upward slope

i was at brads house up the road from damo (the guy who built his engine) ive met damo once ages ago

im off there soon with my spirit level and camera to get some actual evidence as to how uneven the surface is.

any more input will be most welcome

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