"Improper use of motor vehicle, fail to have proper control"

Improper use of a motor vehicle
deano
Posts: 4
Joined: Tue Jul 09, 2013 10:30 am

"Improper use of motor vehicle, fail to have proper control"

Postby deano » Tue Jul 09, 2013 11:02 am

Hi,

I had my car impounded last night for 30 days. It is my fathers car, registered in NSW and I have a NSW license. Moved to Melbourne start of last year for university studies and only just borrowed the car a week ago for a couple of months (driven down from NSW).

I was driving home from football and stopped at some traffic lights. High St, Kew traffic intersection, coming from High St South turning onto Princess St. As I accelerated around the corner and changed into 2nd gear, the car lost traction and the back jumped out maybe .5 > 1 Metre. I then continued up Princess St where I was pulled over by a Police station wagon.

The car is turbocharged (Toyota Supra - typical Police target) and as I was accelerating (not hard) in 1st to change into 2nd, the turbo spooled as I was turning and kicked the back out - It was not intentional.

The Police claim I was doing 84km/h in a 60km/h zone, I was doing low 60km/h's when I looked at the speedo. They asked me why I was going 84 km/h and I said I wasn't. They also asked me why I lost traction, I told them It was unintentional, the corner combined with the turbo spooling as I was changing from 1st to 2nd (roughly 50km/h) which broke my traction. They said my car will be impounded for 30 days and I will have a Summons sent in the mail. They said I was speeding though didnt give me a fine, will it come in the mail with the court summons?

One of the Police Officers also said to me that my front bumper might be Canaried (excuse my spelling) as it was too low? I didn't ask him what it meant, I was a bit shocked at that stage, I'm assuming it means defected?

I have a fairly clean driving record, 28 years old, last offense was speeding start of last year, think it was 100km in 90km zone. Other offense was when I was 18, lost license for 3 months for speeding on P2.

Just looking for some advice on what I should do? My Father says I should definitely get a Solicitor but I am just a student and don't think I could afford one. I have also asked for legal advice from my University.

Hope I haven't missed anything..

Many thanks,

Dean

Hardy
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Location: Melbourne Victoria
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Re: "Improper use of motor vehicle, fail to have proper cont

Postby Hardy » Tue Jul 09, 2013 11:53 am

Sounds like you will get an improper use charge for a loss of traction offence and maybe an undue noise, and maybe a speeding, and maybe a drive unroadworthy.
You should be concerned about minimising the demerit points accrual as well as the potential for immediate licence suspension.

Nothing you can do until you have the charge and summons. When that happens you should see a lawyer because it is very likely you will get more than one charge, and then it will be likely a lawyer can get one or more charges dropped or changed so that you get a better result.

You're very lucky to have a dad who lets you drive his Supra! You better tell him to get the suspension sorted out before you take it out again.

deano
Posts: 4
Joined: Tue Jul 09, 2013 10:30 am

Re: "Improper use of motor vehicle, fail to have proper cont

Postby deano » Tue Jul 09, 2013 11:58 am

Thanks Hardy, I will get back when I have the Summons etc

deano
Posts: 4
Joined: Tue Jul 09, 2013 10:30 am

Re: "Improper use of motor vehicle, fail to have proper cont

Postby deano » Tue Jul 09, 2013 12:47 pm

Forgot to mention, the Police said they were two cars behind me so I'm not sure what they actually saw, if anything. They did mention they heard a loud noise..

Sorry, another question:

So my car is impounded for 30 days and we don't know when I will get a Summons/Charge. Does that mean I can get the car back before the court hearing? (I would just need to pay the impound fee's?)

Will they re-impound the car if I am found guilty at court? I think as soon as I can get the car back I will be giving it straight back to my father - not worth the hassle having a car that attracts that much attention..

Thanks again,

Dean

oscar
Posts: 735
Joined: Thu Nov 10, 2011 7:00 am

Re: "Improper use of motor vehicle, fail to have proper cont

Postby oscar » Tue Jul 09, 2013 1:24 pm

i reckon it was your sliding the rear of the car that brought you to the attention of the police

you may well have been stopped anyway re: speeding and defective vehicle, but you wouldn't have lost the car for 30days if that damned turbo hadn't spooled - hang on.....isn't that what it's there for?

first time you had driven the car? - nope
first time the turbo had spooled? - nope

good luck

Day
Posts: 1614
Joined: Wed Mar 19, 2008 4:51 pm

Re: "Improper use of motor vehicle, fail to have proper cont

Postby Day » Tue Jul 09, 2013 5:18 pm

What vehicle were you driving when you got the infringement last year?

deano
Posts: 4
Joined: Tue Jul 09, 2013 10:30 am

Re: "Improper use of motor vehicle, fail to have proper cont

Postby deano » Tue Jul 09, 2013 11:01 pm

Same vehicle, I haven't owned my own vehicle in Australia for many years because when I got my last infringement I had just returned from living in the UK (5 years).

Saying that, My last infringement I didn't actually have a NSW license as I had handed it over to the DVLA (UK Driver and Licensing Agency) to get my UK license and even though I gave my UK license to the police officer at the time, he said that my NSW license was still valid (which I thought was illegal to have both? - hence being forced to hand over my NSW license in the first place) and applied the fine to it.


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