Hoon Laws got me.... - Page 4

GCFordChic · 05-07-2006, 11:09 PM

here is a link for a Statutory Declaration

Print it out, fill it in, do an internet search for Justices of the Peace in your area. If you knowingly make a false statement on this document you are guilty of an offence for which the punishment is 4 years imprisonment. So dont lie.

It doesnt look good for you, but if you drove past me speeding and later down the road i saw you pulled over i would have laughed and said, ya got what you deserve. I know you have been belittled by some ppl on here and i aint going to do it aswell, but if it doesnt go your way, then you will have to suck it up and wait it out. Hopefully when you get back on the road you obey the laws.

Cops cant 'unfairly' target people who do not break the law. People get in trouble because they have done something which is not in accordance with the laws we all know that we have to live by. Bloody oath cops should target suspected law breakers, i would hate if they stopped every 16th car and the 15th car going by was obviously dangerously defective/speeding etc.

cest la vie

edit: typo...silly jennifer!! :1syellow1

mik · 05-07-2006, 11:46 PM

djmaker if you truly believe you werent doing 150 KPH, write every thing down as said in a prior post while its still fresh in your mind, get a solicitor dont wait, if your being done for more than you deserve you will wear the lot IMO, usually things go better for you with a solicitor, also the charges they hit you with will be on your record for life, sometimes a solicitor can bargain charges down for you , kenyon and kenyon used to do a lot of traffic type offences, if they are still going they would be my choice.

GRNKPR · 05-07-2006, 11:53 PM

it all comes down to if you werent speeding this would nt be a problem and it wsnt just a little over either

Rollin · 06-07-2006, 12:17 AM

Some of you will have to speak a little louder, I can't quite hear you from where you are, on top of all those soap boxes....

These are the facts:

- djmaker was doing 127km/h weither or not he should have been driving that fast is not the issue

- A cop got him on radar at 127km/h

- He admitted to said cop he was doing 127km/h

- Cop booked him for 150km/h without evidence, impounded his car and gave him a notice to appear in court

This is not right. Police have radars for a reason, it is to avoid this exact kind of thing.

djmaker - get a lowyer - they cost a lot, but how much is it worth to you for a 1 month suspension instead of 12?

Firstly, the judge will like you more if you have a lawyer, as they know you are taking the matter very seriously by having legal council, and secondly, the lawyer will know exactly what to say to the judge to get the best outcome possible for you.

You should be able to plead guilty to 127 and be successful, as opposed to just pleading not guilty to the 150. GET A LAWYER!

And Good Luck mate, you will need it!

jorg20057000 · 06-07-2006, 01:29 AM

First of all there is no such thing as good cop bad cop if there is a bad cop ring the police commissioner and if he doesnt do anything ring the anti corruption commission ,Ok you where speading doing 127km and should have been fined . But hearing this outlandish accusation about 150 KPH with no substantiol proof to back it up suddenly makes me realise this police man was making a personal attack .I had the same problem once with a licenceing issue with a sergeant and a couple of constables at a police station who thought they could bully me and told me i should do this and do that ,anyway i didnt get into a arguement with them but said ok seeyou later and went home straight away and rang the commissioner of police and told him my name and what had happened and what they said . Next thing i heared the searge was demoted and the couple of constables came apologizing with my licence .Sometime its better to resolve it out of court .

galaxy xr8 · 06-07-2006, 07:07 AM

Quote:

Originally Posted by jorg20057000

First of all there is no such thing as good cop bad cop if there is a bad cop ring the police commissioner and if he doesnt do anything ring the anti corruption commission ,Ok you where speading doing 127km and should have been fined . But hearing this outlandish accusation about 150 KPH with no substantiol proof to back it up suddenly makes me realise this police man was making a personal attack .I had the same problem once with a licenceing issue with a sergeant and a couple of constables at a police station who thought they could bully me and told me i should do this and do that ,anyway i didnt get into a arguement with them but said ok seeyou later and went home straight away and rang the commissioner of police and told him my name and what had happened and what they said . Next thing i heared the searge was demoted and the couple of constables came apologizing with my licence .Sometime its better to resolve it out of court .

Oh come on, this really happened,???????. you really rang the commissioner, and one was demoted, yeah right?????.

LTDHO · 06-07-2006, 07:25 AM

Quote:

Originally Posted by Rollin

Some of you will have to speak a little louder, I can't quite hear you from where you are, on top of all those soap boxes....

These are the facts:

- djmaker was doing 127km/h weither or not he should have been driving that fast is not the issue

- A cop got him on radar at 127km/h

- He admitted to said cop he was doing 127km/h

- Cop booked him for 150km/h without evidence, impounded his car and gave him a notice to appear in court

This is not right. Police have radars for a reason, it is to avoid this exact kind of thing.

djmaker - get a lowyer - they cost a lot, but how much is it worth to you for a 1 month suspension instead of 12?

Firstly, the judge will like you more if you have a lawyer, as they know you are taking the matter very seriously by having legal council, and secondly, the lawyer will know exactly what to say to the judge to get the best outcome possible for you.

You should be able to plead guilty to 127 and be successful, as opposed to just pleading not guilty to the 150. GET A LAWYER!

And Good Luck mate, you will need it!

I think you have missed the point.
Although the copper didn't do the right thing and booked him for 150. The copper knoew that the 150 will be dropped and the 127 will remain. Also, I do not think he did it for the 45kph over, I believe it was done to teach the new driver a lesson and not to speed. Which I hope worked.

djmaker · 06-07-2006, 07:55 AM

alot of these post are harsh and i accept that as i said theres no excuse for me to be doing anything over the speed limit... but the fact remains radar reading was 127km.. at no point was i cocky to the officer i talked to him in a polite manner and was clearly trying to get some proof from him that i was doing 150km which he could not provide the only thing he could provide was the 127km radar reading... i deserve to have my licence taken away from me i dont dispute that 1 bit but only for the reading which is accurate not what the cop says i was doing... as of the matter of court i have no summons as of yet the police officer stated that i would recieve it within 3-4 weeks this is the time it will take him to do the paper work.... the only reason i posted this was for adive so i thank evreyone that has posted with the help i greatly appriciate it.

mintea · 06-07-2006, 09:10 AM

hope this helps guys

What is hoon driving?
Hoon driving causes a vehicle to travel at very high speed, or in a manner that produces burnouts and doughnuts. Drivers are considered hoons if their vehicle is involved in a car speed trial or is operated by a disqualified, repeat offending driver.

Specifically, hoon-related offences are:

Improper use of a motor vehicle, where the driver has intentionally caused one or more tyres to lose traction.
Exceeding the speed limit by 45kmph or more (or travelling at over 145 kmph in a 110 kmph zone).
Engaging in an unauthorised race or speed trial on a road or spaces near a road that are open to the public.
Repeat incidents of driving whilst disqualified.

The following will also be considered hoon-related offences if they are committed in circumstances involving the improper use of a motor vehicle:

dangerous driving;
careless driving;
failure to have proper control of the vehicle; and
causing the vehicle to make excessive noise or smoke.

What does impounded, immobilised and forfeited mean?
A car is impounded when secured at premises under the authority of Victoria Police and Victorian courts.

While legislation enables vehicles to be impounded, it also provides police with the power to immobilise vehicles. This means a vehicle is mechanically adjusted so that it cannot be driven.

Forfeited vehicles are taken from hoon drivers before being sold by the State of Victoria, which will keep the proceeds.

When can authorities take away my car?
Authorities may seek to impound, immobilise or forfeit a vehicle if it has been used by a driver in the commission of a hoon-related offence.

Who is allowed to impound, immobilise or forfeit my car?
Victoria Police is authorised to impound or immobilise vehicles for 48 hours when officers reasonably believe that an individual has committed a hoon-related offence.

The Victorian courts are authorised to order that vehicles be impounded or immobilised for three months, or forfeited permanently, upon application by police.

Can my car be impounded, immobilised or forfeited if I am caught speeding?
Vehicles may be deemed to have been involved in hoon behaviour if they exceed the speed limit by 45km per hour or more. Drivers who have received a speed infringement under 45kmph and incurred no other offences cannot face impoundment, immobilisation or forfeiture of their vehicle.

The exception to this rule relates to vehicles driven between 145 and 154 kmph within a 110kmph zone. These vehicles are also subject to impoundment, immobilisation or forfeiture.

If my child is caught hooning in my car, can my car be impounded, immobilised or forfeited?
Yes. Victoria Police may impound, immobilise or forfeit the vehicle used for the hoon driving offence, regardless of who owns that vehicle.

However, if the individual is charged with a second or third hoon-related offence, Victoria Police may ask the Court to substitute the vehicle for one registered to the offender, for the purposes of the three month impoundment or permanent forfeiture.

Will my car be exempt from impoundment, immobilisation or forfeiture if I need it for work?
Not automatically. These provisions apply regardless of the importance of the vehicle to your employment. However, all cases of impoundment or immobilisation must be reported to a senior police officer who may decide that it is reasonable or necessary to release the vehicle. Further, any person whose interests are substantially affected may apply to a magistrate for the release of an impounded or immobilised vehicle on the grounds that its continual impoundment or immobilisation causes exceptional hardship to themselves or someone else.

If my car is stolen and used for hoon driving, can it be impounded, immobilised or forfeited?
No. Victoria Police must release any vehicle that they deem to be stolen.

If a car is hired and used for hoon driving, can it be impounded, immobilised or forfeited?
No. Victoria Police must not continue to impound, immobilise or forfeit a vehicle once they are satisfied it belongs to a fleet which is owned by a person who operates a short-term, vehicle hire business.

If the police impound or immobilise my car, will I also face charges?
If Victoria Police reasonably believes that you have committed a hoon-related offence, you may face charges. Charges do not need to have been laid for the vehicle to be impounded or immobilised.

If charges are not proceeded with inside 12 months, the individual must have their payment to recover the vehicle reimbursed. Similarly, if the individual is found not guilty of the relevant hoon-related offence, they must also have their payment to recover the vehicle reimbursed, or in cases where the vehicle is still impounded, it should be released quickly without any recovery cost incurred by the driver or registered owner.

Can police take my car without my permission?
Any vehicle that has been used to commit a hoon-related offence may be impounded or immobilised by Victoria Police for 48 hours. Police may seize the vehicle 'on the spot' or up to two days after the offence, or serve notice on the driver within 10 days of the offence, demanding the vehicle be surrendered to a designated location. Police may also obtain a warrant from a court to search for and seize the vehicle from private property, if it is not surrendered voluntarily.

How many times can my car be impounded?
Victoria Police can impound or immobilise a vehicle for 48 hours at any time if they believe on reasonable grounds that the driver has committed a hoon-related offence.

If a court finds an individual is guilty of their second or third hoon-related offence within three years, Victoria Police may ask a magistrate to impound or immobilise the vehicle for three months, or order permanent forfeiture. The Court orders for three month impoundment or immobilisation or forfeiture are in addition to the 48 hour period of impoundment or immobilisation, imposed by Victoria Police.

If Victoria Police do not proceed with a charge in respect of the hoon-related offence, or the prosecution for the offence is unsuccessful, the costs of impoundment or immobilisation charge must be refunded and the vehicle immediately released.

What if I feel my vehicle has been unfairly targeted by authorities?
Laws have been enacted to ensure Victoria Police cannot unfairly target people for vehicle impoundment, immobilisation or forfeiture.

Once a police officer has impounded or immobilised a vehicle, he or she must speedily inform a senior police officer, such as an inspector, about the circumstances of the alleged offence. This senior officer must then enquire into the alleged offence further, and release the car if there are not reasonable grounds for the impoundment or immobilisation.

If a court finds an individual is guilty of their second or third hoon-related offence within three years, Victoria Police may ask a magistrate to impound or immobilise the vehicle for three months, or order permanent forfeiture.

However, Victoria Police must tell the driver and parties with an interest in the vehicle of such intention, at least 28 days beforehand. The Court must hear the views of anybody who is served this notice when determining whether to order impoundment, immobilisation or forfeiture.

Any person may ask a magistrate to release an impounded, immobilised or forfeited vehicle on the grounds that its impoundment, immobilisation or forfeiture causes exceptional hardship to themselves or any other person.

An individual who is found not guilty of an offence for which their vehicle was impounded, immobilised or forfeited must have their payment to recover the vehicle reimbursed. If the vehicle is still impounded or immobilised at the time they are found not guilty, the vehicle must be released quickly without any recovery cost to the driver or registered owner.

How long can my car be impounded for?
If Victoria Police reasonably believes you have committed a hoon-related offence, they may impound or immobilise the vehicle involved in this offence for 48 hours. If the 48 hour period ends on a Saturday, Sunday or public holiday, the vehicle may remain impounded or immobilised until 9am on the next business day. In addition, the vehicle can also stay impounded or immobilised until all designated costs have been paid by a person with an entitlement to the vehicle.

If you have been found guilty of your second hoon-related offence within three years, Victoria Police may also ask a court to impound or immobilise the vehicle for three months. Police must give you 28 days notice before they seek a magistrate's order to impound or immobilise the vehicle for three months.

If you have been found guilty of your third hoon-related offence within three years, Victoria Police may also ask a court to permanently forfeit the vehicle. This means State Government authorities may take the vehicle, sell it and keep the proceeds. Police must give you 28 days notice before they seek a magistrate's order to permanently forfeit the vehicle.

How do I get my car back after the impoundment or immobilisation period ends?
You will be informed by police of the procedure to recover your vehicle.

A vehicle may only be recovered after the impoundment or immobilisation period ends when all designated costs have been paid by the person with an entitlement to the vehicle. This fee may incorporate the cost of moving the vehicle to an impounded zone, and any other costs involved in the impoundment or immobilisation.

In addition, a person may only recover a vehicle after they have shown evidence of identity and entitlement to that vehicle, through a driver's license and car registration certificate.

If your impoundment or immobilisation period ends on a Saturday, Sunday or public holiday, you will have to wait until 9am on the next business day to recover the vehicle.

How much will I have to pay to recover my car?
In most cases, an impounded or immobilised vehicle can only be released once all designated costs have been paid by the person with an entitlement to the vehicle. This fee may incorporate the cost of towing the vehicle to an impounded zone, and any other costs involved in the impoundment or immobilisation.

Victoria Police must inform the alleged offender about those costs, which are likely to differ between cases, depending upon where the vehicle was when police took control of it. This is because the designated costs incorporate the various rates charged by different towing companies. Some suburbs are further away from the impoundment location, resulting in higher towing costs.

The designated costs payable before a vehicle may be recovered are likely to be within the range of $270 to $600.

How can I get my car back before the impoundment or immobilisation period ends?
A vehicle may be released before the end of the impoundment or immobilisation period if:

VooDoo · 06-07-2006, 09:52 AM

What happens if your car is under finance? Technically the bank/ finance company own the car and you cannot dispose of the car without their permission.

In QLD a "hoon" stripped the car completely and just left a shell for the cops to collect. After looking into the laws they found he was able to do that as they never defined the term "vehicle" and the bloke got away with it

syktlr · 06-07-2006, 10:43 AM

unless they showed u the radar readout ur in the clear as there is no proof

lush · 06-07-2006, 10:47 AM

Im trying hard to not get riled up here, sympathies re the fact the copper is trying to book you for doing 150 without proof.

BUT my god you have had your licence ONE MONTH and you speed 30ks over????????????????

Sure you were ****ed off, but c'mon, you could have killed yourself, or someone else.

Im sorry, but I for one am sick to death of being overtaken by overcocky p platers. There are too many accidents as it is.

I really hope you have learnt your lesson. Toughen up princess and take it on the chin, be thankful you were caught before an accident happended.

You may find when you get to court they drop the 150, but seriously, one month and you speed like that.

Flame me all y ou want, but thats just being bloody stupid.

GREERZ_04_BA · 06-07-2006, 07:32 PM

hey mate ive been thru it be 4.i was only 20kmh over and and on my l's with no liences driver with me.i was 18 at the tym.
when to court and got a $600 fine and lost 3 points.then got my p's and lost 3 points and then 3 points again.

any way when u got to court take ur mum with u. my legal aid said cuz i took my mum they when easyer on me.
thats my in put and say u were doing 127 and not 150.if its not on there gun they can use it..

beancounter1 · 06-07-2006, 08:23 PM

My son just got pulled over by the cops who were trying to declare my car unroadworthy because it had run out of water in the windscreen washer bottle ! Can you believe that ? Surely the cops have better things to do with their time !

-jjM- · 06-07-2006, 08:31 PM

Quote:

Originally Posted by beancounter1

Surely the cops have better things to do with their time !

ever watched super troopers? they dont mate, they really dont have anything better to do

Grechie · 06-07-2006, 08:35 PM

lol i bet they want there shift to end quicker, n probly have a bet with other cops on shift, like i reckon i can defect 5 by midnight, ok your on , GO!

Age182 · 06-07-2006, 09:25 PM

lol to grechie its probs true too i would if i was a copa

LUXO_8 · 06-07-2006, 09:27 PM

Quote:

Originally Posted by beancounter1

My son just got pulled over by the cops who were trying to declare my car unroadworthy because it had run out of water in the windscreen washer bottle ! Can you believe that ? Surely the cops have better things to do with their time !

that is actually a roadworthy item........

Age182 · 06-07-2006, 09:29 PM

thats bull**** thats he picked it because he couldnt find nethin else n needed an ecuse for pullin him over

Laminge · 06-07-2006, 09:48 PM

sphell · 06-07-2006, 10:04 PM

Doin 27 over with so little experience is pretty stupid, especially on the monash at night but ur young, everyone's done it and that's how you learn.....

I don't agree with what the cops have done to you. I think that's taking things way too far. You were speeding, not 'hooning' and should only recieve a fine and a license suspension which would have been a good enough lesson in itself. I think impounding your car is going way over the top. Like everyone else is saying, get a good lawyer and write everything down.

On another note, after reading the laws, seems like the only way to hoon these days is in a hire car or a work van lol.

djmaker · 06-07-2006, 10:12 PM

well i have talken to a few solicitors today and legal aid... in which several of them have stated that i have a pretty strong case.. but then again a few of them also stated the fact that magistrate is getting much tuffer on p platers speeding and in frankston 2 people have already been put in jail for dangerous driving and hes like the community is loving it so expect to see more of it..... i also called the victorian police investigation line and stated what had happend they said it is unfortunet circumstances with you being stranded and it is a moral issue with the police officer not allowing you to use his mobile but he didnt do nothing rong.... the senior cunstable also stated that i should contest it in court as even he said it seems like you have a strong case and you pretty much have nothing to lose.... so unfortunantly i cant afford a good lawyer so legal aid will have to do not to say legal aid isnt good to.

T_Terror · 06-07-2006, 10:53 PM

Thats great to hear man.

When it comes time for court you need to paint a favourable picture.

Present yourself well, try to bring family and/or a presentable friend, establish links to the community, and establish your credibility.
Make sure you are clear on that you accept responsibilty for your actions and their consequences but stress that you did not do the 50kmh over.

The officer is going to lie and rely on his own status and credibilty to turn it into a his word against yours.
A key point is that: yes, he is obvioulsy a more credible witness, but for such a significant penalty as car impoundment and 12month loss of licence there should be no ambiguity. If he had a reading of 127 then why the hell are you getting done for 150kmh?

Some cops are stupid like that. Ive been pulled up twice while speeding at 80 in 60 zones and the cop has accused me of doing 100+. Why? Because they said they were travelling at that speed (to catch up mind you) so obviously i must have been. The fools!

Stuff everyone who says you are stupid for doing it while you just got your Ps. I did it and so did everyone else. You dont deserve to loose your car, even for 1 day over it.

GRNKPR · 06-07-2006, 10:58 PM

Quote:

Originally Posted by syktlr

unless they showed u the radar readout ur in the clear as there is no proof

get your hand off it

Damo · 06-07-2006, 10:59 PM

What if I feel my vehicle has been unfairly targeted by authorities?
Laws have been enacted to ensure Victoria Police cannot unfairly target people for vehicle impoundment, immobilisation or forfeiture.

haha

[S] · 06-07-2006, 11:26 PM

Are you the driver of the ED? Falcon that was one of the first 3 cars to get impounded under the new hoon laws, along with that monaro and the vt ss? If so, there was a picture of your car and a story in the herald sun a couple of days ago, said you got caught at 150kays

eav8 · 07-07-2006, 07:22 AM

does that mean I'll get done for hooning when I take my clevo powered ea out for a sunday afternoon drive?

sphell · 07-07-2006, 10:58 AM

Quote:

Originally Posted by [S]

Are you the driver of the ED? Falcon that was one of the first 3 cars to get impounded under the new hoon laws, along with that monaro and the vt ss? If so, there was a picture of your car and a story in the herald sun a couple of days ago, said you got caught at 150kays

yeah that's what i was wondering but I think that guy was in Dandenong when he got done. How's the Herald Sun.....Apparantly the cars were an EA Falcon (clearly an EB/ED from picture), and an orange "HSV", which was just a VT SS lol. I know that's being picky but makes you wonder how many other things they stuff up.

arm79 · 07-07-2006, 11:20 AM

Quote:

Originally Posted by djmaker

well i have talken to a few solicitors today and legal aid... in which several of them have stated that i have a pretty strong case.. but then again a few of them also stated the fact that magistrate is getting much tuffer on p platers speeding and in frankston 2 people have already been put in jail for dangerous driving and hes like the community is loving it so expect to see more of it..... i also called the victorian police investigation line and stated what had happend they said it is unfortunet circumstances with you being stranded and it is a moral issue with the police officer not allowing you to use his mobile but he didnt do nothing rong.... the senior cunstable also stated that i should contest it in court as even he said it seems like you have a strong case and you pretty much have nothing to lose.... so unfortunantly i cant afford a good lawyer so legal aid will have to do not to say legal aid isnt good to.

Just out of curiosity, what level cop pulled you over? General patrol or TMU?

And I do feel for you, unlike some of the otheres in here. It seems they missed the point. You accept you were speeding and you're willing to cop whatever is dealt. Fair enough.

But if what you said if 100% true, it just stinks of the cops taking a written law into their own hands and trying to scare a newly licenced driver by pretending to be the big man.

I think some people in here need to jump off their high horses and help the poor bloke with his original problem. Is he being unfairly victimised or not, which I think he is.

You can appear for yourself in court, you dont have to take a lawyer. I did appear for myself one time. Yes I was speeding. Yes I got booked, but not for the speed that the copper was claiming, so I fought it. Pleaded guilty to the charge, but not at the speed the copper claimed. I fully explained the situation and the magistrate seemed to agree with me and dropped the charge to the next level down, which I was happy with. I got what I really deserved.

FairmontEL · 07-07-2006, 01:38 PM

This is true.. my dad fought a speeding charge and won aswell i think the speed the cop claimed was wrong cant remember the details now. And the Magistrate told my dad if you feel the cops are being unfair take em to court thats what keeps em honest.