Car Impounded

[Jack-]

Got my car impounded last night for "drag racing", on bourke turning into russell st at a hook turn and I didn't make one and was in a convoy of cars so they class that as drag racing. Already lost my license before over a year ago, and the cops said I'd get a court summons.

Has anyone been through this themselves or have any advice?

and before you all start flaming, all I did was just not complete a hook turn, was under speed limit (they didnt get my speed anyway) so what to do?

[eMsta]

might have to get a lawyer for this one - its your word against the cops

[KURAUN]

yeh and with a lose of licence already makes it harder

[IOWNU]

As above, i would seek legal representation.

Sorry to sound negative, but if the cop says you were drag racing, you were drag racing, at law the police officer is considered to be bona fide (acting in good faith, i.e they will not lie.) Kind of sucks because they do lie sometimes.

If you could prove beyond reasonable doubt that it is impossible to drag race in that particular location, you may have a (slight) chance.

[Priestley]

As mentioned above, speak to a solicitor. Don't just go to the local guy down the road either, make sure its a solicitor who deals specifically with traffic offences.

Its a long shot, but you may be able to get surveillance camera footage from a nearby shop. If it shows that you weren't doing anything illegal it may help you.

[adznight]

Got my car impounded last night for "drag racing", on bourke turning into russell st at a hook turn and I didn't make one and was in a convoy of cars so they class that as drag racing. Already lost my license before over a year ago, and the cops said I'd get a court summons.

Has anyone been through this themselves or have any advice?

and before you all start flaming, all I did was just not complete a hook turn, was under speed limit (they didnt get my speed anyway) so what to do?

I think I saw this last night? Was it just near Billboard? About 11ish?

[Wheezy]

As mentioned above, speak to a solicitor. Don't just go to the local guy down the road either, make sure its a solicitor who deals specifically with traffic offences.

Its a long shot, but you may be able to get surveillance camera footage from a nearby shop. If it shows that you weren't doing anything illegal it may help you.

Top advice, I agree with that. Best of luck, that is a very un lucky break

[Jack-]

I think I saw this last night? Was it just near Billboard? About 11ish?

Im not sure where that is from where i was, just remember being outside a club x lol

There was white 34 and grey-ish AU falcon.... and another car that took off.... we were all following eachother and all didnt complete a hook-turn and therefore cops said we were dragging :S weren't even going over 50km/h

I don't really want a solicitor coz i dont have the money for that im studying at uni.... is legal aid any good?

The cop was saying stuff like "if you trick ur other mate to come back, i'll go easy on you" and shit like that... I'm only 19 I dont fully know my rights and the cop was going off his head so I just denied dragging when he asked and thats about it....

[GODZ1LLA]

Souns like he just had it in for who ever he caught and unluckily that was you...

But like the others haver said if you can prove with unreasonable doubt that you were merely driving along, the you may have a chance of fighting it..

If not they will just look at your past track record and think the worse of you

[W0rp3D]

Maybe try pm'ing R31nismoid i remember a while ago he mentioned that he used a lawyer that specialised in this sort of stuff coz he was a car nut as well, he was going to post the guys details but i never saw them.

A mate got his car impounded about 12 months ago, he is on his p's as well, had to pay the fee to get his car out and when he went to court he got a big fine but was able to keep his license, he had a clear driving record tho, your 19 and have already lost your license once, not going to look good for you if you have nothing in your defence.

[Jack-]

I've only got a mate in the car, and the guys I were following who also got impounded.... I can't believe the cops can just do that coz "they reckon" it was dragging when it clearly wasn't.... I'm just shocked

[Spunky Munky]

Mate, just remain calm. You must face it...you were hooning...not you have to face the consequences.

I would go and speak to a solicitor asap...and await your summons...it should usually take 2-3 months to arrive so it won't happen this year by the sounds of things...also speak to the Police to see what are you rights concerning your car, i.e. how much would it cost to take home and what implications does this have on your police file?

I would get as much information as I can.

[Peter89]

they have to prove you were actually racing and if your telling us the entire story, only going at 50ks isn't racing. you ll need some witnesses to back you up, best if they weren't in either of the cars. even better if you didn't personally know them.

i suggest spending decent money on a lawyer, depending how much you value your license. unfortunately the road laws are really guilty until proven innocent and without a lawyer or witnesses, you're going to get screwed.

[IOWNU]

they have to prove you were actually racing and if your telling us the entire story, only going at 50ks isn't racing. you ll need some witnesses to back you up, best if they weren't in either of the cars. even better if you didn't personally know them.

With all due respect, the above is utter nonsense.

They do not have to literally prove you were racing, all they have to do is say they 'saw' you racing and as I said earlier it will be assumed that the police officer is bona fide. The onus/burden of proof is on YOU to prove that you were not (i.e you need to come up with mitigating circumstances.) Random witnesses will not help your cause, can you imagine how 'random' witnesses could be used to get you out of all sorts of trouble? Think about it and give the magistrate some credit.

Oh, legal aid is better than nothing, but again, i would suggest you seek professional legal advice when the time comes.

[Peter89]

With all due respect, the above is utter nonsense.

They do not have to literally prove you were racing, all they have to do is say they 'saw' you racing and as I said earlier it will be assumed that the police officer is bona fide. The onus/burden of proof is on YOU to prove that you were not (i.e you need to come up with mitigating circumstances.) Random witnesses will not help your cause, can you imagine how 'random' witnesses could be used to get you out of all sorts of trouble? Think about it and give the magistrate some credit.

Oh, legal aid is better than nothing, but again, i would suggest you seek professional legal advice when the time comes.

by prove, that's what i meant, what cops say = fact, unless you can prove otherwise.

plus, multiple people giving different statements then the police gave, would be far better then nothing. he needs every little advantage, since there aren't many.

[discern]

Don't bother reading opinions on forums, seek legal advice. Myself and others have used Michael Kuzilny in the past with favorable results.

[W0rp3D]

Don't bother reading opinions on forums, seek legal advice. Myself and others have used Michael Kuzilny in the past with favorable results.

I have seen that guy on channel 31, judging by his brief history written there he wouldnt be cheap.

[33gtst]

wtf done for dragging when not even traveling at 50kph...fark that, seems a little rough to me however you said there was a group of ppl as well, how is it only you got done for it?

So if this is all it takes for an impound, what about all those ppl who pull into the ending lanes to "get in front of traffic"?

What a complete load of fkn bs.

Its about now I thank the son of rajab I'm a chick.

G/l with it.

[alr33x]

man that sucks so bad.. good luck with it, cops are been tough at the moment

[dan_the_man]

Mate, just remain calm. You must face it...you were hooning...not you have to face the consequences.

I would go and speak to a solicitor asap...and await your summons...it should usually take 2-3 months to arrive so it won't happen this year by the sounds of things...also speak to the Police to see what are you rights concerning your car, i.e. how much would it cost to take home and what implications does this have on your police file?

I would get as much information as I can.

All this information is readily available on the internet.

Do your homework and look up the relevant legislation and regulations.