Car impounded - legal advice?
Last night, was parked on the street with a couple of other cars waiting to pick up a friend, stayed there for a bit outside our cars, music on - not too loud, and the neighbours came out. When the neighbour came out and told us to leave we got in and left straight away, did a u-turn at reasonable speed, misjudged the turn and hit the curb which bent the rim and gave me a flat tyre. I did not skid / wheelspin. So I stopped where it happened (because I didn't think I had done anything wrong), changed the tyre and the cops came - presumably the neighbours called them.
They said the neighbour had witnessed me doing burnouts (which is absolute crap) and that my rear tyres were bald so my car was impounded and defected. On the defect notice which is fair enough it says "Bald rear tyres (all tyres to show)" which is fine, I'll just get them changed.
However, on the impounding notice the following offence is ticked:
"Reckless and dangerous driving (S46 RTA)"
I looked this up and it appears here:
Motor Vehicles Regulations 1996 under the Motor Vehicles Act 1959
Part 2—Demerit points peculiar to South Australia
Division 1—Offences against the Road Traffic Act 1961
46(1)
Driving recklessly or at speed or in manner dangerous to public - 6
Cops asked me all their questions etc writing what I said, a burnout, a wheel spin, recklessly driven, lost control. denied all, told them I attempted to do a u-turn and had misjudged the turn, colliding with the curb.
The car's impounded for 28 days and I'm waiting for my summons.
These points are what's going through in my head right now:
- The neighbours, who were the police's witnesses, exaggerated everything (u-turn into a burnout) and will probably not appear as witnesses in court.
- The cops were not there are the time of the incident - arrived about 15 minutes later.
- There were no tyre skids/marks on the road.
- Just recently got P2s, no prior speeding tickets or any other offences.
- More than 9 people who were with me at the time who witnessed what actually happened; another neighbour actually came out and told the cops that I actually did do a u-turn but they just ignored him
- They have a photo of the rim which is badly bent... which they will say is a result of driving recklessly etc...
What will happen? Will I lose my license?
Any help would be greatly appreciated.
Last edited by sdr11; 15-01-2011 at 03:56 PM.
Banned
Argue it,
Its bullshit that some whingers testimony can be take as proof.
Throw a brick through his window on a dark night (/sarcasm)
Semper Fidelis
wouldn't there have been skid marks on the road if you did a burnout?
Exactly..... they didn't even go look at where it happened (I had moved the car about 50m down the road).Originally Posted by White Tiger
They just took that guy's word.
Banned
Call up and say he was doing burn outs, By their logic he'll loose his car?
............
Best bet would be consulting a lawyer, not a car forum.
You must've had your music up fairly loud for the neighbours to get pissed off. If so you got what you deserved. I can't stand it when people have doof doof going in my street.
Long Gone Now
getting a car impounded for loud music is bit extreme dont you think?
ＯＮＥＤＯＬＬＡＨＯＬＬＡ
Id say fight it and get the people that were there with you to be witnesses.
Banned
All this aside, This is the OP's story.
After thinking about it, he did manage to hit a gutter hard enough to bust a wheel.
Maybe we're better off with his car being impounded.
:):):)
A skid would leave a mark on the road
Cant you like take a photo of the road
Hahaha
I had this happen to me personally. I got done for speeding (10 and under) in my LX Torana right out the front of my mates house. I accepted the fine and went inside for about 30 mins. I then took my mate for a drive, i did not break traction at any time but i did give it a small hit (nothing over the speed limit) i then went back to me mates house, about an hour later i went to leave and the same cops that did me for speeding blocked me off as i tried to pull out and accused me off doing a burnout. The car got impounded and i took it to court with photo and video evidence that there were no marks on the road where the "alleged burnout" happened. This did not matter though as the judge said a burnout is a loss of traction for more then 3 secs and it does not HAVE to leave a mark. To be honest your best off just copping it sweet as any witness the police have will destroy your chances of winning in court.
Make the stupid stop!
Do you have pics of the tyre and bent rim? If so would you upload them for the JC Court to judge?
Surely you would have to hit it fairly hard to burst the tyre... so I wonder what you call a reasonable speed when you did this u-turn?
If you feel you have been treated unfairly then you need to engage a Lawyer and contest the charges.
Banned
That's bullshit.
How can they just say you did it and it be so. I don't doubt your story in the least for the record. Our law enforcement is as corrupt now as it was in Ned Kelly's day.
Your freedom ends where mine begins
If you're after legal advice go to a legal professional and not a car forum.
You may not have been doing a burnout, but you quite obviously did not have the vehicle under control so I can see why you're begin done for dangerous driving.
The bullshit being that I don't understand why your car is impounded. This is why the hooning laws are a bunch of crap, because it appears that anything can constitute hooning.
Anyway, I would not fight the dangerous driving charge but I would see a solicitor in regards to the car being impounded.
Will I lose my license if I don't fight the dangerous driving charge?
And if I do, will I be able to appeal it after - what are the chances?
Confused with life..
I'd be putting all my attention on the asshole neighbour who talked crap (apparently) to the police and making his/her life bloody hell! I hate people like that.
Victorian Custom Number Plates "GOT19S" For Sale
PM Me
Make the stupid stop!
I don't know how you expect people here to give you an answer. Only the Police and a Judge can determine fines and loss of licence etc.
Even your Lawyer can't tell you exactly what will happen, they can only advise and fight it the best they can.
I appreciate you a in a situation and want an answer now, but you simply won't get one here.
Your freedom ends where mine begins
To all those people say asshole neighbour this and that, etc. So far we have one side of the story.
So far all be know is that the OP was out the front of someones house, playing music and then when they were told to move on they managed to fit a gutter and screw up a rim and when the cops arrived they found he had bald tyres.
I'm keen to see the bent rim before making any judgements.
Tells it like it is.
Lols - As above - if you misjudge a "U" turn by enough to break a wheel I'm happy your car is off the road. As for the rest - go get yourself a good lawyer that specializes in traffic matters. How bald were the tyres and how many were so?
Reaper
SkyFall
And now to Ollie Williams for the Punishment forecast
" HE GON' GET IT!"
The Black Beauty
dangerous driving is a bit harsh should be "diving without due care and attenion" unless thats just a QLD law
America just kicked in yo
The police didn't witness the event so they got buckly's chance if you have a good lawyer, there could have been broken glass on the road that caused your tyre to burst and you to lose control etc hehe
its all good to you get ya asses whipped loud music has got a time and place doing a u turn you bent a rim mmmmmmmmmmmmmmm now cmon what speed did you do the you turn at basically ppl are sick of piss ant hoons sooner ppl realise that the better so suck it up princess ppl in qld doing it tougher than you and not on here moaning so get over itttttttttttttttttttttttttttt
Your freedom ends where mine begins
@ this.
Do you live in the real world or some parallel universe of fantasy and fairies?
Lawyer: "Your honor, my client was doing a u-turn on a residential street, ran over some broken glass that may or may not have been there, lost control of the vehicle and in turn bent a rim and burst his tyre"
Judge: "
Police don't have to witness an event, they have evidence and a witness in this case and made a judgement based on this. Considering the circumstances I think their call of dangerous driving is entirely correct. Not so sure about the impound though.
Last edited by Jesterarts; 15-01-2011 at 09:19 PM.
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