Jump to content
SAU Community

Recommended Posts

Arrgghh the stress,

Well all tomorrow i get to put the theory of running from a car jacking (or perceived car jacking attempt) to the test.

A few weeks ago on my way home one night i had a big 4wd (as in pajero type, not gtr skyline 4wd type) Come screaming up my ass on a deserted stretch of road. The guy was approaching me at one hell of a pace in an 80 zone and showed no sign of letting up or over taking.... infact he kept on approaching when he was withing half to a quarter car length behind me, still with no sign of attempting to go around.

Now this spooked the hell out of me... the guy had everychance to over take if thats what he wanted but instead just seemed intent to get a close to me as possible. So considering the alternatives (getting shunted and crashing off the road, to getting shunted stopping and having the hell beaten out of me) I put my foot down.

Being on a downward slope my line pickedup and shot off with no worries, and i put distance on the 4wd without a prob.

Now comes the bummer.

As i round the corner at the bottom i'm greeted by a set of red and blue flashies up the road ahead of me. By this time i'm well ahead of the 4wd and pulled over pretty quick, i actually thought "Whew thankgod!" for a moment until it was replaced by "Bugger i must have been flying.... i'm in the sh1t now!".

After some initial confusion (the cops telling me to turn the engine off while i fratically waved the keys out my windows with one hand while maddly scrabbling at my timer with the other, while this was going on the 4wd cruised past slowly) i was given a driving endorsment for doing 130+ in an 80 zone. I explained the situation with the coppa (very nice chap) and he gave me th option of the fine or a court appearance, suggesting the court would be a better option as the fine entailed a loss of license. Little to say i took his advice.

Now i have court tomorrow where i have to go account for myself. To say i'm nervous as hell is an understatement (been really hard to sleep since then).

Does anyone have any advice or anything they can offer? i'll be really miffed if i get lumped with a fine and license suspension because i tried to get out of what i perceived to be real physical danger, even if i was going quick (i didnt think about speed, i've only had the line for a few months and for that moment in my mind i was back in the old N12 where pedal to the metal meant 80 km/h max.)

Even if the guy was just playing silly buggers i had no way of knowing and i didnt want to find out if he wasnt just messing... i'm allergic to pain and car jackings.

Link to comment
https://www.sau.com.au/forums/topic/36431-my-day-of-rekoning-comes-tomorrow/
Share on other sites

  • Replies 47
  • Created
  • Last Reply

Top Posters In This Topic

Interesting story... Will be interested in seeing how it turns out... Good luck, and I hope you're telling the truth, as Police prosecutors are very good at their jobs!

arg! tough situation :) i wish you good luck with tomorrow and hopefully they can see it from your point of view.

do you have any previous fines or anything ? if not you can use that lack of fines to show that you don't speed for the fun of it.

oh and if anyone asks "why didnt u tell us this sooner?" its cos i'm the quiet brooding type with a little black shrivelled heart who likes to get all bitter and twisted about stuff. that and the fact that thinking about it bugs me

Did the cop show any interest in the 4wd? Did you get him to take a note of it? If you pointed it out to him but he didn't get your story until too late then he should still have made a note of it in his little black book which would definitely help as evidence if not that the 4wd did anything then at least that it existed.

If the cop is not there tomorrow tell them you want them to adjourn it so that he can be there so you can ask him questions. He would definitely be a help if he was to say that you were ajitated and pointing at the 4wd, and that you cooperated with him.

Make it clear to the Magistrate that you have every faith in the law and tell the truth.

Oh and good luck, it seems to me that you've got a 50% chance of drawing a reasonable Magistrate.

Oh and if your Magistrate acts like a complete prick to the people before you adjourn adjourn adjourn.

Tell them you've only just recieved legal advice (have a name of a solicitors firm handy) but you were too late to get them there so they told you to adjourn it.

You really should get a lawyer to avoid the license loss part (not the loss of money part ha ha). PM me if you need a hand.

Ok...I don't think ure situation is ideal. But heres a few points...(Im currently [READ FKN STILL]) suing the taxi driver that sideswiped me so ive been in court a fair bit).

A. Don't bring up the fact that its an 'import' or 'performance' car. From everyones point of view in the room, its an "automobile" :)

B. You "need" (I can't stress this enough) letters (yes, the more the better) of reference, to demonstraight that you are a logical, cool headed kinda guy and that hooning is not part of your character. I'd suggest dressing in the utmost professional sense.

C. I *think* tomorrow will be a 5 sec appearence for you, they'll ask if u wish to fight it, if so, they'll organise for the cop to come down to the next session (usually 5-6months i think, probably depends where it happened etc as well).

D. Organise a solictor for your best bet (you should be able to claim costs if you win). I say this not for the point of "you dont know the law", though for the point that they'll argue, why you sit there all nice and humble. You're going to need to get in the proscutors face (its their job to bend you over everyway right?), so having someone do this on your behalf will give you the most chance.

Thats all that comes to mind right now :)

Did the cop show any interest in the 4wd?  Did you get him to take a note of it?  If you pointed it out to him but he didn't get your story until too late then he should still have made a note of it in his little black book which would definitely help as evidence if not that the 4wd did anything then at least that it existed.

Yeah on the statement i got in the mail (only arrived yesterday mind you) who does mention it. Although he explains my explanation as "Was being tailed by the 4wd and accellerated to create a gap" I plan on clarifying that to "Saw the 4wd approach at high speed and when no sign on overtaking or slowing down was seen felt threatened and tried to get away" or something similar. i should prolly point out thatg this road goes through bushland with no space to pull over on the road (and off the road is scrub and brush). I'm pondering mention that my EX g/f died not 10 mins from there just a year or so ago and she drtove like a granny, to add to my "i wouldnt normally be doing that" case, but i'm not so sure.

C. I *think* tomorrow will be a 5 sec appearence for you, they'll ask if u wish to fight it, if so, they'll organise for the cop to come down to the next session (usually 5-6months i think, probably depends where it happened etc as well).

I dont plan on fighting it so much as asking for leniency. I am quite happily willing to admit that i was speeding, i'm just hoping i can get the point across that it was under duress, and that under normal curcumstances it wouldnt have occured.

I'm pondering mention that my EX g/f died not 10 mins from there just a year or so ago and she drtove like a granny, to add to my "i wouldnt normally be doing that" case, but i'm not so sure.

Don't mention that.

Instead hammer in the duress aspect and mention the fact that a well known magazine editor was carjacked in his same model automobile, as well as several others on an online community that you frequent...

Don't mention that.

Instead hammer in the duress aspect and mention the fact that a well known magazine editor was carjacked in his same model automobile, as well as several others on an online community that you frequent...

Ok i wont.

Yah i was thinking about mentioning that kind of stuff aswell. I mean i have heard alot of tales about it and i am kinda paranoid (even more so now). I even go home via a different route everyday.

My biggest fear is sounding like i'm making excuses for myself instead of stateing valid reasons.

"seems to me that you've got a 50% chance"

I'd say you have about 10% chance - it's unfortunate, but you have no way of proving your side of the story.

Your chances can be improved by two things:

1. Luck - some magistrates may be swayed. Many have heard it all before - and will simply take a logical course - defendant cannot prove case, law broken, prosecute accordingly.

2. Character references - get as many as you can - and good ones. Look good on the day - wear a suit. Be honest - speak clearly - maintain eye contact.

Sorry the odds are so crap - but that's life. Good luck and let us know how you go.

What you MUST push is the self defence case. They then have to prove that was not what the excessive speed was for.

A former VicPol officer and safety advisor was fined for speeding on his m/bike (camera) and claimed he accelerated to miss a ute that was pulling out and would not have been able to stop, hence the extra speed, and slowed straight away afterward. The magistrate was fuming that VicPol continued to prosecute but precedence is set for speed cameras/red light cameras and traffic up your ass and preservation of life.

Ask a lawyer for help. You should have sent a letter asking for the fine to be dropped on the self defence grounds AND the police should have detained the 4WD driver for questioning due to dangerous driving and suspected car jacking.

I will stress again this was self defence and you must make this clear to the Magistrate.

Geoff,

I love you man! :D Ok i'm not fooling myself any (thinking that i will walk with no worries). But hearing a story of similar cause is always a comfort.

I have to admit i have lost no end of sleep for this.... the money i'm not too fussed about... the suspension has me tense.

oh and did i mention i found out that i bent my front left control arm as a result of going over some of the big lumps in that road. heh thats another reason i wouldnt speed on the roads out where i live.... they're crap

As skylinegeoff said, you had a situation of perceived danger. That is you felt the 4WD was threatening you. Tell the court just what you put in your first post. Even better have it written down and read directly from it. Explain that you informed the officer that pulled you over of the 4WD and that is why it is mentione dbriefly in his statement.

The thing you have to decide tomorrow is as Abo Bob said, adjourn or go through with it.

Either way, get a haircut, shave, wear a suit and polish your shoes!!! (This DOES make a difference)

I reckon you have a fair crack if you get a decent magistrate.

Good luck! :D

let us know how you go.... i'll have to agree that u don't directly describe the machine but make refernce to the hijacked one.... play down the skyline as much as possible (I told the judge i had a cressida and started describing what a decent car it was you should of seen my face when she said she knew what it was as she once had one:) i just left out a few things about it;))....mention the no fines bit as well!!! this plays well but like said above... if the judge is not being nice get the hell out...

the case before mine a cop was trying to prove the defendant done a burnout and stated "smoke came from the rear tyres" the dewd was driving a 16v FWD corolla :D clasic!!!

My biggest fear is sounding like i'm making excuses for myself instead of stateing valid reasons.

Yeah, that is something to avoid. Say things like:

"I fully realise that I was speeding, and I'm not contesting that, I'm pleading extenuating circumstances, in that...."

and if the road was bad as you said:

"Your worship (GET HIS TITLE RIGHT!!! Listed to what the lawyers/prosecutors before you address him/her as!!!!), I'm not sure if you are familiar with that road, but I am, having travelled along there everyday/regularly for the past x years. It isn't in good condition, and under NO OTHER circumstances would I EVER IMAGINE to exceed the speed limit there."

Anyway... You're probably asleep by now. Good luck.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now



  • Similar Content

  • Latest Posts

    • If as it's stalling, the fuel pressure rises, it's saying there's less vacuum in the intake manifold. This is pretty typical of an engine that is slowing down.   While typically is agree it sounds fuel related, it really sounds fuel/air mixture related. Since the whole system has been refurbished, including injectors, pump, etc, it's likely we've altered how well the system is delivering fuel. If someone before you has messed with the IACV because it needed fiddling with as the fuel system was dieing out, we need to readjust it back. Getting things back to factory spec everywhere, is what's going to help the entire system. So if it idles at 400rpm with no IACV, that needs raising. Getting factory air flow back to normal will help us get everything back in spec, and likely help chase down any other issues. Back on IACV, if the base idle (no IACV plugged in) is too far out, it's a lot harder for the ECU to control idle. The IACV duty cycle causes non linear variations in reality. When I've tuned the idle valves in the past, you need to keep it in a relatively narrow window on aftermarket ecus to stop them doing wild dances. It also means if your base idle is too low, the valve needs to open too much, and then the smallest % change ends up being a huge variation.
    • I guess one thing that might be wrong is the manifold pressure.  It is a constant -5.9 and never moves even under 100% throttle and load.  I would expect it to atleast go to 0 correct?  It's doing this with the OEM MAP as well as the ECU vacuum sensor. When trying to tune the base map under load the crosshairs only climb vertically with RPM, but always in the -5.9 column.
    • AHHHH gotchaa, I'll do that once I am home again. I tried doing the harness with the multimeter but it seems the car needed a jump, there was no power when it was in the "ON" position. Not sure if I should use car battery jump starter or if its because the stuff that has been disconnect the car just does send power.
    • As far as I can tell I have everything properly set in the Haltech software for engine size, injector data, all sensors seem to be reporting proper numbers.  If I change any injector details it doesnt run right.    Changing the base map is having the biggest change in response, im not sure how people are saying it doesnt really matter.  I'm guessing under normal conditions the ECU is able to self adjust and keep everything smooth.   Right now my best performance is happening by lowering the base map just enough to where the ECU us doing short term cut of about 45% to reach the target Lambda of 14.7.  That way when I start putting load on it still has high enough fuel map to not be so lean.  After 2500 rpm I raised the base map to what would be really rich at no load, but still helps with the lean spots on load.  I figure I don't have much reason to be above 2500rpm with no load.  When watching other videos it seems their target is reached much faster than mine.  Mine takes forever to adjust and reach the target. My next few days will be spent making sure timing is good, it was running fine before doing the ECU and DBW swap, but want to verify.  I'll also probably swap in the new injectors I bought as well as a walbro 255 pump.  
    • It would be different if the sealant hadn't started to peel up with gaps in the glue about ~6cm and bigger in some areas. I would much prefer not having to do the work take them off the car . However, the filler the owner put in the roof rack mount cavities has shrunk and begun to crack on the rail delete panels. I cant trust that to hold off moisture ingress especially where I live. Not only that but I have faded paint on as well as on either side of these panels, so they would need to come off to give the roofline a proper respray. My goal is to get in there and put a healthy amount of epoxy instead of panel filler/bog and potentially skin with carbon fiber. I have 2 spare rolls from an old motorcycle fairing project from a few years back and I think it'd be a nice touch on a black stag.  I've seen some threads where people replace their roof rack delete with a welded in sheet metal part. But has anyone re-worked the roof rails themselves? It seems like there is a lot of volume there to add in some threads and maybe a keyway for a quick(er) release roof rack system. Not afraid to mill something out if I have to. It would be cool to have a cross bar only setup. That way I can keep the sleek roofline that would accept a couple bolts to gain back that extra utility  3D print some snazzy covers to hide the threaded section to be thorough and keep things covered when not using the rack. 
×
×
  • Create New...