Anti Hoon Laws

[memphis]

"Limiting courts to only impounding vehicles not owned by the driver instead of confiscating them is another Upper House change we have had to accept in order to enable police to get tough on hoons."

[RBVS]

ill rap my car around a pole before they take it! I think the three striks may make things alot worse as you havnt got much to lose, if ya pull over your car and licence are gone so alot of people are going to be more reclkess when the law is in place. It just doesnt work. If anyone can report a hoon ill report her every time she gets in a car.

[pstanbis]

Has anyone here had anything to do with common law? might be worth looking into, especially if theres anyone legally-minded or at leat midly more compentant than me in these matters present. Im fairly sure (from my limited dealings with it) that many laws about possesion and trespassing etc. aren't actually legal, (if that makes sense...?) because they weren't passed by referendum. Check me on this though....

Secondly. Surely no beat-copper can just say gimme the keys, your ass and car are mine?! i have utmost respect for cops, and the kinda sh*t they have to put up with in their job, but after having spent the last 2 weeks getting a yellow sticker off my car, i really think that giving too much power to your average guy on the street could lead to some nasty altercations,

Also, as somebody mentioned, more people are going to try and run, rather than stop and lose the car - thats not just a maybe, id think that was a certainty

Just My 2c - and everyone should have some input here, as we're all going to be affected by this - Imports look different, so expect more attention.

Drive safe (and slow now)

Phil

[MarkR33]

if they pass a law in parliament then it is a declared statute and is enforceable and the only thing that can change it is a challenge in the high court of australia being constituitionally invalid, I will ask my lecturer about it some more and get back to you

common law is used by the courts if there is no relevant statute to cover each individual case, if the law doesnt apply in that particular instance or there is no act covering the case then the judge will look at common law precedents and previous judgements , but a judge must follow statute law before looking into common , ill check pstanbis

[RB20LagWagon]

As dstrbd said dont drive like a dickhead and you have no problem, however if your gonna do something stupid, dont get caught doing something stupid. Also From looking at the law when it was pending burnouts now cost 600 dollars, no burning rubber. I think the problem with this law is the overturning of the old status Innocent till proven guilty, It makes the copper Judge jury and executioner, which is totally UnAustralian!

[pstanbis]

Thanks Mark, I wasn't sure about this whole thing, ive seen it applied in other areas, but not sure about this one - thanks for checking though, i don't know anyone who has a clue

Just something else i don't think has been mentioned, but is there a time limit between offences? or if i do something silly now, then in 10 years get caught in the wrong place/time then will it still go to the second offence? ie if stage 1 and 3 are 15yrs apart, does it still carry that far? Just a thought, coz they don't mention anything about demerit points type system or anything

could be tricky there...

phil

[Dsturbd]

Its easy ......

DONT DRIVE LIKE AN IDIOT ... save it for the track

[zanda]

case in point - leaving drag combat, one of the members of this board was pulled over by the boys in blue and reamed thoroughly. then given a fine for undue and excessive noise.

he didnt know this at the time, but he was basically charged with doing a burnout. A crime which he didnt commit.

*cue A-team music*

this would have been a car-impound offence under the new laws.

[puckish]

The problem basically is that the Police Officer is the one who starts the process off of confiscation. This is open to abuse. Lets say, being human, a cop has a bad day and you just happen to be around....

The best way is to ammend the law so that evidence isn't based on the lies the officer said.

Say a photo, independant witness or video of the said incidence.

That way pollies are happy, community wingers are happy and we are too.

I do belive that the Liberal party is against this proposed law.

I am looking into it.....

[puckish]

Some more info from others with this problem.

http://www.aussiemagna.com/forums/showthre...6266#post106266

[MirKz]

these laws are undoubtedly going to cause an increase in high speed pursuits, and people running from the law. as there is no way in HELL a person is going to willingly hand over their car keys after the 3rd strike. (hell even a 1st or 2nd could make people go GET F*CKED im RUNNING!)

...sure its their fault for doing that stuff n getting caught, BUT... now its gonna make things alot worse for police to catch them, as i personally think alot of people are just gonna piss bolt from them, rather than pull over "sorry officer... here are my keys..".

my opinion.

[Kutter]

these laws are undoubtedly going to cause an increase in high speed pursuits, and people running from the law. as there is no way in HELL a person is going to willingly hand over their car keys after the 3rd strike. (hell even a 1st or 2nd could make people go GET F*CKED im RUNNING!)

this is a joke if anyone is intending of using that argument to oppose this new law from being implemented.

it's like saying : "hey, let's reduce the sentences for armed-robbery/rape/murder and hope people don't run and give themselves up instead" :kick:

the truth is, if the first 2 strikes don't send you a message yet, no one's to blame for the third one.... :box:

my opinion.

[pstanbis]

this is a joke if anyone is intending of using that argument to oppose this new law from being implemented.

it's like saying : "hey, let's reduce the sentences for armed-robbery/rape/murder and hope people don't run and give themselves up instead" :kick:  

the truth is, if the first 2 strikes don't send you a message yet, no one's to blame for the third one.... :box:

my opinion.

Reason for opposing a law, yeah it's kinda ridiculous, but lets face it, he has a point. Most laws have negatives, and this has got to be one of them - on the other hand, it might actually be enough to shake up the people these laws are aimed at ! who knows ? stranger things have happened....

Phil

[RBVS]

this is a joke if anyone is intending of using that argument to oppose this new law from being implemented.

it's like saying : "hey, let's reduce the sentences for armed-robbery/rape/murder and hope people don't run and give themselves up instead" :kick:  

the truth is, if the first 2 strikes don't send you a message yet, no one's to blame for the third one.... :box:

my opinion.

LOL No it would be like a raper , rapping more people thinking that will help him get away with it. On the other hand out runing the cops will help you get away with it. There is a very good reason to argue the opposed law. FACT.

[RBVS]

If there going to take an interest in street racing they should look into it alot harder. WHY do people street race, how can we make it safe. People are going to do it, punishment may not be the only option. Blue light drags is a great start and a head in the right direction.

[Kutter]

LOL No it would be like a raper , rapping more people thinking that will help him get away with it. On the other hand out runing the cops will help you get away with it. There is a very good reason to argue the opposed law. FACT.

...........what???

tell me in which way does a rapist, raping more women thinking that will help him get away with it????

boo-hoo, cry me a freakin' river for those who get caught out the third time :boohoo:

[Kutter]

If there going to take an interest in street racing they should look into it alot harder.

agreed, I don't like this law as much as Saddam likes G.W Bush, but stating reasons like "increase in the number of high speed pursuits" as a reason for going against this law isn't gonna help us. People running from the law(by foot or car) is always gonna be a fact, no criminal would really stop when the police yells "STOP", that's the problem these days, too many slap-on-the-wrist sentences that make our judicial system look like a joke.....all that re-education,counselling new age bullcrap.....what happened to a punishment to fit the crime?

WHY do people street race, how can we make it safe. People are going to do it

because there are always dickheads out there with something to prove on the streets. No amount of legal drag/track meets is gonna curb this. Blame it on the current culture trends we live in.........and that movie too....

[Guest Moses]

...........what???

tell me in which way does a rapist, raping more women thinking that will help him get away with it????

boo-hoo, cry me a freakin' river for those who get caught out the third time :boohoo:

Yes, those who get caught a third time don't deserve much sympathy.

No, a rapist raping more will not help him get away.

The point is that this law can tempt offenders to run from the police, due to the punishment being severe, due to the inconvienience of losing your car for a potentially minor offence, due to you being in a perfectly good getaway car thats already moving and the police are ASKING you to stop so they can rape you.

[Kutter]

The point is that this law can tempt offenders to run from the police,

who has broken the law(light or severe) and NOT thought about getting away with it? It's human nature....

due to the punishment being severe,

so...don't drive like a dick the first time

due to the inconvienience of losing your car for a potentially minor offence,

and....don't drive like a dick the second time after getting the first warning....

due to you being in a perfectly good getaway car thats already moving and the police are ASKING you to stop so they can rape you.

well.....still act like a dick racing on the streets and you deserve to get the car impounded

[MirKz]

klutter u have a point, but no real need to rip into me bout it ?

i mean yeah sure, the previous two times will make a person think long and hard before doing something again. BUT... what about the first two times?

i know some people arent going to be delighted to hand over their keys even for 48hours... i know some may stop and accept this punishment, but then again, i wouldnt be surprised if some piss bolt to try their best to evade the punishment.

Like i said, just MY opinion and i wouldnt be TOO surprised if there was a slight or large increase in high speed pursuits.

so anyhow.... just expressing point of view. as with everyone else, and i believe the bickering that im starting to see on this particular topic needs to cease. (not pointing the finger at anyone... )