how much trouble is he in

[Kiddo]

I fail to see how it's the worst advice ever.

Having a lawyer shows you're not going to be pushed around. It's not as simple as answering their questions. You walk into the police station, you're going onto their turf, you play by their rules. They can be intimidating or not, they can threaten you with charges or not, they can do as they please and prey on your inexperience with the Criminal Justice System. Going in with a lawyer is a good equalizer, shows you're not going to be pushed around and stops you from falling victim to the mind games the Police often play in an attempt to trick you into admitting something. Of course they'll think you're going there to defend something, that's the whole point. He is going into the Police station as a defendant. If it ever gets to court he will be outright recognised as the defendant. He is defending himself against a series of allegations. I think the roles of investigator and defendant are pretty clear here.

The issue of cooperation earning a lower penalty is moot. For one, the Police don't decide the penalty. They either issue a ticket which has a set penalty or lay charges which will be heard at court. The ability of the police to decide the penalty is limited. Courts decide penalties, the police just investigate crimes and bring charges to the court. As for the issue of police discretion on issuing a ticket, something tells me that there will be at very least a ticket issued, if they've had a complaint lodged and had to schedule an interview. They aren't just going to let him off. He will end up no worse off for having a lawyer there.

Also I never said the Police were the bad guys. Just that they aren't your friends when you're the one being investigated. It's a key component of our adversarial justice system, ask any Police Officer and I am sure they will agree with me. I also said that the Police were just doing their job and are worthy of respect regardless. Respect doesn't mean making yourself a push over however.

To answer the question of where is and is not railway land in New South Wales at least, anywhere within 20 metres of an unfenced railway line is considered to be part of the Rail Corridor. If the line is fenced then up to the fence line is Railway land. This may be different in QLD, in fact it probably is.

 

[Beav]

His fine. Police just wanted to know the story of what happen

 

[c2105026]

Alright so Friday night my mate went hunting and after it rained he lost control on a dirt road and ended up on the train tracks, in his failed attempts he could not get off the tracks, he was stuck and working on it for 20 minutes. He saw train lights and use his spot light to stop the train, it just stopped 20-30 meters from the cruiser. Anyway he got off within 5 minutes of them being there and they took name and Rego. QR has put a complaint into the police and now has to go see them. He asked me if I thinks his in ****, but I said it was a accident so shouldn't lose license, what do you guys think?
Sorry so long

Sorry if wrong area

IN NSW he would be done with neg driving at least. Not sure about laws regarding encroaching on railway tracks.

 

[uniacidz]

IN NSW he would be done with neg driving at least. Not sure about laws regarding encroaching on railway tracks.

Maybe read last post above yours. Be handy as OP mentioned friend is fine.




Sent from my HTC Aria using Tapatalk II.IV.X

 

[c2105026]

Maybe read last post above yours. Be handy as OP mentioned friend is fine.




Sent from my HTC Aria using Tapatalk II.IV.X

Fair nuff my mistake :embarrass

 

[mpower]

His fine. Police just wanted to know the story of what happen

Must have got them on a good day, sounds like he got lucky there.

 

[Pollushon]

Simple input vs. output, it'd cost more than it's worth. The cops are so understaffed and resource stretched they would have written it up, filed it and moved on.

 

[monkeys437]

His fine. Police just wanted to know the story of what happen

No surprise to anyone who knows how the police work. They wont go hard unless there's a chance for a serious conviction. An offense like this the worst you can expect is a few hundred dollar fine which I'd just pay and move on.

Legal representation is more expensive to bring along than any fine would be.

And if you wait for them to find you depending on the circumstances that in itself could be an offense and just make things worse,

Best solution by far is to go in for a chat with the GD copper behind the counter. Traffic cops can be picky but GD cops have too much on to waste half a day on a petty fine for an honest mistake.

 

[WazzaV8]

Alright so Friday night my mate went hunting and after it rained he lost control on a dirt road and ended up on the train tracks, in his failed attempts he could not get off the tracks, he was stuck and working on it for 20 minutes. He saw train lights and use his spot light to stop the train, it just stopped 20-30 meters from the cruiser. Anyway he got off within 5 minutes of them being there and they took name and Rego. QR has put a complaint into the police and now has to go see them. He asked me if I thinks his in ****, but I said it was a accident so shouldn't lose license, what do you guys think?
Sorry so long

Sorry if wrong area

Trains have right of way, had the train hit him he would be up for the repair job on the cow catcher ) I would say he will be fined for being on the running line. He can consider himself very lucky for just a fine, he could have been up for big bucks compensation if the train had derailed as an emergency brake application could cause wagons to jump off the rail and into the dirt. Also he could have caused other damage to the train like skidded wheels on the wagons and worse if it happened to the loco as well (but unlikely), you would be looking around $5,000 tp $10,000 each axle set on a wagon, less if it only needs to be lathed. I'm guessing Aurizon will be contacting him if that's the case.
Hes also lucky it must have been a light train, something heavy could take up to 2km to stop depending on speed,gradients and weather conditions.

Driving like a nutter in poor conditions doesn't result in an accident,it's more a given.

 

[WazzaV8]

Oh, depending which state the lines are run by ARTC, and the land is Federal Government Land, he may find the state cops won't have much to do with it. could also be fined by state cops for driving with undue care and federals for being on the perway. Lawyer will give free legal advice once over the phone and sometimes a free half hour, if you do get a lawyer to go with you expect a $500 bill.