Police Fines

[skins]

Morning,

The other day I was defected for not having a mod plate for a top mount manifold. On the defect notice the officer wrote

Turbo installed. Needs mod plate.

also got done for being to low and he wrote

Modified suspension too low guestimate at 60mm.

With the too low fine it was the exhaust not the car itself that was at the low spot. The suspension has been changed (coil overs) but hasn't been lowered. I spent the day getting the mod plate fitted and also getting the exhaust raised up a bit.

I have to go to court to be issued the fine, but i'm thinking of challenging it as what they wrote on the fine was incorrect. It wasn't a "turbo installed" it was a manifold change. The standard turbo was top mounted. The suspension wasn't too low it was the exhaust. Giving you this amount of details is there anyone out there in intertube land that works in legal or has a intimate knowledge of legal stuff, give me any advice? Would I have a chance at challenging those fines ? I am willing to accept the too low one as it was lower then 100mm although one side of the car was parked right in the gutter but I have no photographic evidence so i'll take that one on the chin.

Any advice would be very helpful. And if this in the wrong spot can someone move it to the appropriate thread.

Cheers,

[dahandfull]

would definately be challenging the too low fine. at a "guesstimate" ?? how can that happen? they actually have a device that they are meant to use at some different points around the car.

[.:: GimpS-R34 ::.]

+1.. Tell them his guesstimate was wrong and car is 100mm (with evidence).. No point admitting guilt when he wasn't using correct equipment and procedures.. Tell them you was in the gutter and sloped road so may have thrown off the measure..

You could possibly challenge the turbo one but if the copper classifys what he wrote and what it was for i'd judge that they would have the fine stand.. If the copper isnt present then possibly may get away with it..

[TwoCents]

I think they usually use some roller stick thing that's 100mm in diameter, they wheel it under your car and if it hits anything thats how they prove it. My source is boostlosing though so may or may not be true.

[Owgasm]

Yep, its a wheel on the end of a pole. They role it under points of the car that may be below 100mm.

e.g. Front, skirts, exhaust.

I tried to plead not guilty on one of my defect offences. But the defect notice is counted as one complete offence. So I was asked, were you driving an illegally modified vehicle. Answer was simple, yes.

$100, 1 point, - first ever law enforcement encounter and it was a major defect.

Good luck

[skins]

I think they usually use some roller stick thing that's 100mm in diameter, they wheel it under your car and if it hits anything thats how they prove it. My source is boostlosing though so may or may not be true.

They used a length of rhs with two aluminium wheels attached to the end. The wheels where marked with "100mm". Interesting though it was only long enough to go just past the rear diff.

[.:: GimpS-R34 ::.]

Oh... cop it on the chin then...

[Col-GTSX]

if they make a mistake on a ticket and you point it out, they simply re-issue the ticket with another 28 days to pay...

[R33shaun]

If your keen on challenging it in court google the legislation and have a good long read, i got ticketed for speeding (alleged 92 in an 80) and took it to court and after 6 months of stuffing around i got off. Do some research and youll quickly know whether its worth fighting or not.

There are pretty strict rules on how everything has to be done and if you can create enough doubt to the judge that they wernt followed youll get off.

For mine i ended up having 5 days off work to attend court (casual so not paid) which cost me more than the original fine wouldve anyway.

Still worth it on principle though!

Good Luck

[lilcrash]

there is no point fighting defects in court. in qld with the exhaust manifold its just a case of emisions test not a mod plate, i feel sorry for you if i you paid to have a fake mod plate fitted. as for the 2 low, they tested and you failed.

sorry but as of the (qld/aus ???) laws they can even wright the wrong type of car and as long as it has your name on it its still a valid fine.

[Sexual_32]

Dont even bother fighting it in court.. It will cost u more money than more happiness. They wont give a crapola if it says the wrong thing.. They will just issue u a new fine, I fought a fine a few years back over an alleged speeding.. Took 6months & i just got over it n gave in. Unless u r gonna lose ur licence because of this i wouldn't even bother trying. They are the law n will always hammer us. The realistic truth.

[Hanso]

From my own experience with the QPS, I was issued a fine three times. The first two times they had incorrect information. I wrote to the Superintendent of Traffic and in a lot less words, was told that the QPS can reissue a fine until the details are correct. So unless you want to fight it in court & part with some serious cash, I'd cop it on the chin.

You have your mod plate now for your manifold, and they go off the lowest point under the car. I used to get done all the time in my S13 Silvia for being too low. My lowest point was 65mm of clearance.

[mystery_kid]

trying to argue that the 'suspension isn't low, the exhaust is' is pointless

arguing that he didn't use the correct measuring equipment and guessed the distance from the ground to the exhaust is the way to go, it's exactly the same premise as when the cock smokers don't get a reading with a speed tracking device but give you a ticket based on how fast the think you were going - easily defendable in court for a lawyer

the exhaust manifold - that's a toughie as someone said above they can reissue the fine if they put the wrong details on, the old 'they put the wrong colour of my car on the ticket' or 'one of the letters in the rego looks wrong' loophole with fines is nonexistent now

Edited December 7, 2010 by mystery_kid