Improper use of a motor vehicle

Improper use of a motor vehicle
darnoldrs
Posts: 3
Joined: Thu Oct 25, 2012 6:41 am

Improper use of a motor vehicle

Postby darnoldrs » Thu Oct 25, 2012 7:18 pm

Well this is the story. I was riding my WR450 to work as. I aproched a round about and slowed, checked to my right and there was nothing comming, checked to my left and noticed a car aproaching. As I entered the round about I continued to pay attention to the car incase it failed to give way. I appeared to be not slowing and I had not made eye contact with the driver so i assumed that they had not seen me. I was travlingat approx 40kmh and made the judgment that if we both continued at our current speeds there would be a colission, at which point I excelerated to avoid what i seen as a potental collision. In doing so as the road camber changed and fell away the front wheel of the bike lifted off the ground (hard to tell but only between 100 and 200mm) and stayed aloft for approximatly 10m. I traveled the remaining approx 1km to work to be pulled up as I parked my bike. When being cited with an infringment I stated that the front wheel had infact left the ground but it was not deliberate and it was to avoid a potential collision. However the officer did not acknolage the existance of the other car even thou the police officer was behind it (it aleaset 4-5 car lenghts as I noted that there were no cars following it closly at the point that I excelerated). I know the make and model of the car is a suzuki carry (or similar) but it may be dificalt to find in a town with a population of 70,000 people.
Question 1. Are there any way I can do a search to find possable owners within the area?
After asking the officer if she was out to get me, she replied "if I was out to get you, I would impound your motor vehical" Then the following day she returned to work and issued a sezier notice.
Question 2. Would this be grounds for a complaint against the officer on the grounds that by her own admission, If she was out to get me she would impound my bike, Then she has issued the impound notice?
Qestion 3. Given that at this stage I can not prove there was another car at the location, what is the likelyhood of convincing the judge that the action of lifting the front wheel was not intentional and only done as part of avoiding a possable accident and therefore not an offence under the act?
Thanks David.

Hardy
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Re: Improper use of a motor vehicle

Postby Hardy » Fri Oct 26, 2012 6:41 am

It's not a demerit points offence and it is not a licence loss offence so why bother?
If you really want to fight it in court, just argue that the front wheel of a motor bike does not provide traction so a mono can not be loss of traction. If that does not work, then allege it was not intentional. You do that by saying "It was not intentional".

darnoldrs
Posts: 3
Joined: Thu Oct 25, 2012 6:41 am

Re: Improper use of a motor vehicle

Postby darnoldrs » Fri Oct 26, 2012 8:21 am

I believe that the impound costs will be about $1100. Or that is what the officer has said, as well as stating that there are other infringments that I will be charged with by summons, so I am not even sure what offences I am to be charged with yet. It is a major concern to me that the officer that was driving did not see the other car involved. the only explanation is that she was so focused on me that it did not register to her and that the 2nd officer (althou hesatating) also stated that he did not see the other car. This atleast consatutes a serious lack of objectivness and awareness and at worst an outright lie and dishonesty. I can not afford to pay the impound fees and I am tired of corrupt or incompitant police officers using their position to stand over people. The last 2 traffic infringments I recieved were not filled out correctly and I didn't notice until after the 28 day opertunity to contest them so I then lost the oppertunity. Another concern with the the Road Safety act is that is clearly states it is on the accused to prove their innocence which in most cases will be impossable as it ends up being their word agains the police officers (which there are usially 2) and I know for a fact that their pollicy is to back each other 100%.
I spent an hour today trying to find the Suzuki with out success. If I can find this car I feel confidant that I will win in court but without it I am sure that the judge will side with the police, as in all honesty I propably would if it was me.
I dont think the argument of no loss of traction will work as the front break supplies about 80% of the breaking capability of a motor bike unless I can argue that if the back brake was applied it would almost instantly make the front braking ablity avaliable but I am sure that a precidence would already be set on this.

Thanks for your responce and I will report back with devalopments.

darnoldrs
Posts: 3
Joined: Thu Oct 25, 2012 6:41 am

Re: Improper use of a motor vehicle

Postby darnoldrs » Wed Feb 06, 2013 7:32 pm

Well i have found the suziki and its owner and havea wrighten statment from him. I have finaly recieved my sumons to court with 3 charges of which 2 I will be contesting.
I will be out of the state for work of a couple of years, so am I entitled to compensation if I have to fly back and win the case??

How is it that under the hoon legislation the ownus of proof goes to the accused. The police only have to have resionable grounds to make the charge and then you are guilty unless you can proove you are inocent. How can you possable prove you are innocent??? Is this not only against the constatution but also against the UN human rights convention where it says that you are innocent untill proven guilty.

Ponala
Posts: 84
Joined: Sun Apr 29, 2012 10:46 pm

Re: Improper use of a motor vehicle

Postby Ponala » Wed Feb 06, 2013 11:50 pm

If you contest the matter you will need to bring along your witness with you as cannot just use his statement in court.

If you win you are entitled to reasonable costs incurred to defend yourself, so yes ou couldn't defend yourself without coming back to the state to do so.

The police have to prove their case to the court still. Yes they impounded your bike etc., but the charges are atill before the court and the police have to prove your guilt. If you win you are entitled to get your impoundment fees etc back.


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