Damn the Man...

[VSSS_5L]

Anyone ever had any luck with a police complaint form or a letter to the manager of the expiation branch?

I was round at my brother's place and offered him 20 bucks for the passenger window out of his VR, which he had replaced with a vy wagon cuz the vr developed a bit of a death rattle in the engine, he offered me the whole car for 200, which i snapped up on the spot because the tires on it were worth that much.

Problem was he was selling it cuz the wife was giving him grief, and i had to take it straight away and i got a lift there with mates...

So he reckoned it would make it back to my place, and by this stage i was having all sorts of plans about putting a new motor in it and turning it into a work car, so i can save my ss's paint and interior a bit lol...

So I signed the papers and said yeah...if it dies im calling you to get me a trailer he agreed and I took off...( the car was registered btw)... Got like half a kilometre from his house and the motor made a bang, rattle got louder and i was concerned...ducked through a couple of side streets rather than go past holden hill cop shop ended up out on sudholz road ( this is in adelaide btw ). Drive a long for a few hundred metres look out the back and there's a lot of smoke...another couple of hundred and i realise the smoke's coming from under the hood not out the exhaust...so i've started looking for a place to park that's easy to get a trailer to, and off the road...There's a shopping centre about a k up so i decide to head for there...

Thats when the cop pulled me over... when i stopped the car it left a puddle of oil on the road, it was properly stuffed, cop defected it for smoke out of the engine...even though it had just blown up... And then proceeded to book me for not carrying my licence and not displaying p plates...both of which were in/on my car at home.

Not carrying your licence is a breach of p plate conditions, and results in a loss of licence...so im basically screwed.

I've written a police complaint form coz the coppers lied to me and told me i wouldn't lose my licence coz of the expiation, and also coz on the defect notice she ticked the box saying the car was inspected at a Vehicle inspection station, which it wasn't.

Now I need to write a letter to the manager of the expiation branch to ask for a review of my expiations on the grounds that they are petty.

Its all left a pretty bad taste in my mouth, and i'm sure nobody wants to hear the rant and rave about how much i hate coppers...so i wont...

Just wanna know if anyone has had any luck with a police complaint actually getting you somewhere, or a letter to the expiation branch actually having an effect? Or is it just another branch of the same BS system?

[stocky]

Doubt you're going to get any sympathy here. Your own fault for not driving with your licence

[ParkwayDrv]

lol don't think a complaint letter will get you fk all, and driving a car that had smoke pouring out of it was bound to get you pulled over

[VSSS_5L]

Yeah, coz carrying a piece of plastic with you is of vital importance to....well anything at all. I doubt there is a single person on these forums who can honestly say they never left their wallet at home whilst on their p's, forgot their licence... Stupidest law ever, and the consequences are rediculous.

And the car didn't have smoke pouring out of it when i started driving it, it blew up, on a main arterial road and i was pulled over within 30 seconds of it starting to pour smoke.

What is it with all the copper fanbois whenever the subject gets brought up?

[ClairBear]

When you decided on the spot to buy this car, you then put yourself behind the wheel knowing full well you didn't have your licence on you and no p plates. Then you get busted and want to cry a river and look for loop holes to save your butt. When you purchased the car you should have said to your brother that you would be back in a bit once you returned home and got your wallet and a set of plates. This is what the smart law abiding people do. That way you would have been pulled over and just had the car defected probably.

We are not fanbois, just sensible people that know if we break the rules and get caught we have to pay the price. The Police are doing their job and enforcing the laws that people like you break. I have never left home without my driver's licence because I know it is an offence to not have it on me.

[Kikki]

Not carrying your licence is a breach of p plate conditions, and results in a loss of licence...so im basically screwed.

Not basically, you ARE. You answered your own question.

Break the rules, you have to suffer the consequences.

Yeah, coz carrying a piece of plastic with you is of vital importance to....well anything at all. I doubt there is a single person on these forums who can honestly say they never left their wallet at home whilst on their p's, forgot their licence... Stupidest law ever, and the consequences are rediculous.

That would be me, not once have I EVER left home without my license. It's handy for many things, one for me that strikes some importance is quick identification if I should be in a accident, which has been proved once before.

Consequences aren't so silly, I guess you have learnt? That's why we have those.

[VSSS_5L]

The rules are stupid.
Even the pigs stuff it up.

The copper marked on the paperwork the car was inspected by a Vehicle Inspection Station, in adelaide that = Regency park. The paperwork pertaining to the defect was falsified, a lie and therefore i complained about it.

For those of you not familiar with it, here is my "loophole".

EXPIATION OF OFFENCES ACT 1996 - SECT 8A

8A—Review of notices on ground that offence is trifling

(1) A person who has been given an expiation notice issued after the commencement of this section may apply to the issuing authority for a review of the notice on the ground that an offence to which the notice relates is trifling.

(2) The issuing authority is not obliged to conduct an inquiry on the application but may require the applicant to provide further information.

(3) An issuing authority may require information contained in, or supporting, an application for review to be verified by statutory declaration.

(4) An application made under this section must be determined by the issuing authority before it can issue a certificate for an enforcement order in respect of the offence to which the application relates.

(5) If the issuing authority is satisfied that the offence is trifling, the authority must, by notice in writing given personally or by post to the alleged offender, withdraw the notice in respect of that offence.

(6) However, an expiation notice cannot be withdrawn under this section in respect of an offence if—

(a) any amount due under the notice in respect of that offence has been paid; or

(b) an application for relief has been made under this Act in respect of the notice; or

(c) a certificate for an enforcement order has been issued by the authority in respect of the offence.

(7) If an expiation notice is withdrawn under this section in respect of an offence, no further expiation notice may be issued in respect of that offence.


And the definition, according to the act:

(2) An alleged offence will, for the purposes of this Act, be regarded as trifling if, and only if, the circumstances surrounding the commission of the offence were such that the alleged offender ought to be excused from being given an expiation notice on the ground that—

(a) there were compelling humanitarian or safety reasons for the conduct that allegedly constituted the offence; or

(b) the alleged offender could not, in all the circumstances, reasonably have averted committing the offence; or

(c) the conduct allegedly constituting the offence was merely a technical, trivial or petty instance of a breach of the relevant enactment.

[kane88]

^^ you're gonna be popular...

[VSSS_5L]

If you can find something more trivial or petty than losing your licence because you left it at home, enlighten me.
I'm well aware that driving without my licence on me constitutes an offence, I argue that the law is rediculous but its there all the same.

I am WELL AWARE, of my rights in relation to the expiation notice and the defect notice and will pursue those rights to the furthest point our legal system will allow me, at a cost to taxpayers mind you.

I asked if anyone had any experience in the matter, which clearly, none of you do.

I did not ask to be preached to by a bunch of bible bashing do gooder copper fanbois.

See how loud you cry when you've been treated unfairly by a copper just out to get a qouta and make some revenue.

[stocky]

You really are an idiot.

[VSSS_5L]

Lol, get out of my thread retard.

[stocky]

lol I can see you'll be gone by morning. Have fun riding the bus

[stocky]

and another lol at leaving me negative rep. mine does more damage to yours. youre now a hitchhiker, both on the forum and in the real world since you have no licence. HAHAHA

[kane88]

(b) the alleged offender could not, in all the circumstances, reasonably have averted committing the offence; or
[/B][/I]

but you could have gone home and got your plates and licence.

I am WELL AWARE, of my rights in relation to the expiation notice and the defect notice and will pursue those rights to the furthest point our legal system will allow me, at a cost to taxpayers mind you.

stop being a douche and man up.
you ****ed up, take it on the chin.

[VSSS_5L]

lol, dont get all upset because you dont like what im saying, you called me an idiot you get negative rep.

[stocky]

lol im not upset. this is quite funny. like i give a damn about the rep. mine probably took 10 times as many points from you that yours did so that backfired. but seriously, go ahead and take the matter to court. i hope you lose your licence for even longer for wasting the courts time

[kane88]

If you knew it was a bomber why try to drive it home? tow truck? trailer?

[stocky]

Because the guy clearly has no intelligence?

[VSSS_5L]

It wasn't that bad we were under the impression it was just a broken valve spring making some noise, evidentally it wasn't.

I dont have the luxury of "taking it on the chin" as you say.

I'm a self employed tradie and my work is my car, i have no choice but to do everything within my legal rights to retain my licence. Which, if my letter to the expiation manager fails, then i will have to elect to be prosecuted, and then adjourn a couple of times, then be convicted, and then appeal the resulting loss of licence.

[VSSS_5L]

Because the guy clearly has no intelligence?

Dude, find another thread to hijack, you clearly have nothing of substance to add here.

[kane88]

So why be an arse and emphasise that it will be at taxpayer expense?
Hell, apply for a work licence, seems they hand those out like candy anyway...

[stocky]

I dont have the luxury of "taking it on the chin" as you say.

I'm a self employed tradie and my work is my car, i have no choice but to do everything within my legal rights to retain my licence. Which, if my letter to the expiation manager fails, then i will have to elect to be prosecuted, and then adjourn a couple of times, then be convicted, and then appeal the resulting loss of licence.

well if your job is so important then maybe you should think about not breaking the law and driving without your licence? see my point about the no intelligence above

[kane88]

And round and round and round we go...

[VSSS_5L]

Because the system itself is stupid, there's a whole office full of people who have to read through police complaints, another office full of people reading letters to the expiation manager, it annoys ME that my tax dollars are going to waste in a system like this, for something so trivial and stupid. I couldn't care less about the defect to be honest but it got my back up that my small and petty mistake could cost me so much, yet the copper made a small and petty mistake with the paperwork, without consequence (as yet). And there is a grounds for complaint under the banner of discretionary leniancy. I've been to my local police station, sat down with an officer and gone through my rights and what I have to do and even he agreed that i'd been treated harshly, and he would have dealt with the situation differently.

[VSSS_5L]

well if your job is so important then maybe you should think about not breaking the law and driving without your licence? see my point about the no intelligence above

You're still here?