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Car impounded - legal advice?

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sdr11

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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.
 
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soop

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Argue it,
Its bullshit that some whingers testimony can be take as proof.

Throw a brick through his window on a dark night (/sarcasm)
 

White Tiger

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wouldn't there have been skid marks on the road if you did a burnout?
 

sdr11

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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).
They just took that guy's word.
 

wikky

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Best bet would be consulting a lawyer, not a car forum.
 

Thomas1

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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.
 

RazzaCaine

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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.
getting a car impounded for loud music is bit extreme dont you think?
 

2DIE

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Id say fight it and get the people that were there with you to be witnesses.
 

soop

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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.
 
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