Title: Tezza Getting Confiscated!
Leiden - September 6, 2009 08:07 AM (GMT)
Got done for my 2nd boy racing offence last weekend. Sustained loss of traction in the Mc Donalds car park at about 11pm Saturday.
Because its my 2nd offence the court must confiscate the vehicle aparently, doesn't give me a warm fuzzy feeling inside does it.
Funny thing is, they didn't even see me do it. They arrived about 10 seconds later as I was parked up chatting to some mates who were in the car at the time. When they pulled up the officer ran over to the car, ripped me out, grabbed the keys and handcuffed me then put me into the cop car under arrest. In the Summary Of Facts it states "The defendent caused the wheels of his car to spin rapidly for about 5-7 seconds". How can they say that when they weren't even there? How could you hear tyres squeeling when Triangles are made of lego and the wastegate drowns out everything but the fat lady singing.
I went to look at the tyres in the impound and they have no wear or lacerations at all, they look like I've been driving normally for the last 5000km's so I might try and fight it.
Anyway the vehicle is registered in my mums name at the moment, does this mean they can still confiscate it? What if I was to sell it once it gets out of impound, then there wouldn't be a car to confiscate or would they go to the poor bugger who buys it and take it from them?
cpufix - September 6, 2009 08:57 AM (GMT)
Not much I can really say, suggest take the punishment and learn quick.
4815162342 - September 6, 2009 09:45 AM (GMT)
| QUOTE |
| Funny thing is, they didn't even see me do it. |
| QUOTE |
| they look like I've been driving normally for the last 5000km's so I might try and fight it. |
If you did it then I dont know why you would try and fight it and say you didnt do it.
Laws are pretty harsh nowadays over these kinds of things <_<
Robo - September 6, 2009 09:51 AM (GMT)
Is it being confuscated or impounded?
I think they usually impound it for 28 days, and you pay a bunch of money to get it back, plus whatever penalty they may put on your licence.
Edit: oh ok, see #16 regarding second time offenders:
http://www.police.govt.nz/service/road/boyracerdetails.htmlThe money sold does go back to the offender minus any costs, so it maybe possible to buy it back.
Distrb - September 6, 2009 10:47 AM (GMT)
| QUOTE (Leiden @ Sep 6 2009, 08:07 PM) |
Anyway the vehicle is registered in my mums name at the moment, does this mean they can still confiscate it? |
yes, especially if they can prove you are the primary driver of the vehicle.
Soiled Altezza - September 6, 2009 10:49 AM (GMT)
A confiscated vehicle is not returned and its owner is not allowed to own or part-own a vehicle for a year.
Sooo.... someone could buy it for a year then sell it back to you, but until that year is up you're pretty screwed I think.
It did say that confiscation had to be done by the courts though and not the police so you might be okay.
Sadly cops are super harsh on this at the moment.
tikboy2007 - September 6, 2009 10:54 AM (GMT)
you obviously did it so hopefully you learn from this - can't see the point of trying to fight it
Minh - September 6, 2009 11:21 AM (GMT)
All I have to say is F*** da police. They are the ones stoping me from NZMM09
JTMILLER - September 6, 2009 04:36 PM (GMT)
also
| QUOTE |
What happens to vehicles which have been illegally modified? When a vehicle is impounded for "racer" offences, its Warrant of Fitness is automatically cancelled. This means that, on release from impoundment, the vehicle will have to undergo a new Warrant of Fitness inspection and any illegal modifications (lowered suspension, extra lights, noisy exhausts, etc) will have to be rectified. |
As this tezza is highly modified and probably not able to get a new WOF without extensive work what would happen when the courts try to sell it? is it an offense over there to sell a vehicle without a WOF?
Maccabro - September 6, 2009 05:44 PM (GMT)
| QUOTE (Leiden @ Sep 6 2009, 09:07 PM) |
Got done for my 2nd boy racing offence last weekend. Sustained loss of traction in the Mc Donalds car park at about 11pm Saturday.
Because its my 2nd offence the court must confiscate the vehicle aparently, doesn't give me a warm fuzzy feeling inside does it.
Funny thing is, they didn't even see me do it. They arrived about 10 seconds later as I was parked up chatting to some mates who were in the car at the time. When they pulled up the officer ran over to the car, ripped me out, grabbed the keys and handcuffed me then put me into the cop car under arrest. In the Summary Of Facts it states "The defendent caused the wheels of his car to spin rapidly for about 5-7 seconds". How can they say that when they weren't even there? How could you hear tyres squeeling when Triangles are made of lego and the wastegate drowns out everything but the fat lady singing.
I went to look at the tyres in the impound and they have no wear or lacerations at all, they look like I've been driving normally for the last 5000km's so I might try and fight it.
Anyway the vehicle is registered in my mums name at the moment, does this mean they can still confiscate it? What if I was to sell it once it gets out of impound, then there wouldn't be a car to confiscate or would they go to the poor bugger who buys it and take it from them? |
rofl sucks to be you. but its people like you that are [f**k]ing it up for the rest of us who arent [f**k] wits on the road. maybe you actually might learn from this then?.......................probly not otherwise you wouldnt be in this situation in the first place. so there might be a cheap as altezza going at a police auction soon.
rofl
E910 - September 6, 2009 08:34 PM (GMT)
If you were in the McD's car park then that's not a public road, it's private land. So really the cops don't have any jurisdiction over that. If it was someone from McD's that complained then that could change things. I'd be taking to a lawyer to see where you stand. Either way it's going to cost you...
Soiled Altezza - September 6, 2009 09:53 PM (GMT)
| QUOTE (E910 @ Sep 7 2009, 08:34 AM) |
| If you were in the McD's car park then that's not a public road, it's private land. So really the cops don't have any jurisdiction over that. If it was someone from McD's that complained then that could change things. I'd be taking to a lawyer to see where you stand. Either way it's going to cost you... |
McDs carpark is a public road unless the carpark was gated off.
caveman - September 6, 2009 10:20 PM (GMT)
so........
You got caught...... a second time ??
Why is the car registered under your mothers name ?
I hope you removed any club stickers from your car if you had any ?
Minh - What did the police do to you ?, why is it the fault of "Da police" that you can't make it to MM09?
We are all unfortunetly tarred with the same brush and this dosn't help at all. This behavior refelcts on all of us each time someone gets "caught" It gives more amunition to the doo-good-ers who want "boy racer" type cars banned. Before long we will only be allowed to drive a stock standard prius :(
I am sure that the bulk of members and lurkers for that matter would prefer the freedom to keep their car and drive it day to day without being harrased because someone like yourself who attracted negative attention. I work long hours and one of the greatest rewards i have is being able to drive the car i love and work so hard to keep when ever i desire LEGALLY !.
xnickx - September 6, 2009 10:55 PM (GMT)
Sorry bro, I concur with the others, if you did the crime, do the time, don't even bother fighting it cause you would just go to multiple court cases and then eventually get a larger sentence and larger court fees once you get found guilty.
They don't need to see you do it too BTW, my mate got done in his JZX100 by the cops, who were not there aswell, he got done by 2 reports on *555 by the public and that is enough to incriminate him and get his licence taken off him for 6 months
Tough luck man!
Keep it on the track next time, Meremere is always close and Slipway would have been an ideal place to burn some rubber (legally too)
Minh - September 6, 2009 11:48 PM (GMT)
| QUOTE (caveman @ Sep 6 2009, 10:20 PM) |
Minh - What did the police do to you ?, why is it the fault of "Da police" that you can't make it to MM09?
|
Well i was disqualify for 3 months in June from to many demerits points .I was supposed to be getting it back in september before mm09 :D . But during that time i was caught driving on my way back from work. I got randomly pulled over for no reason at all,i wasnt speeding all any thing dogy :angry: So now thats other 6 months, I have to wait till Feb before I can go on any cruises with the club :skid:
xnickx - September 6, 2009 11:51 PM (GMT)
Minh, get a mate to drive the car down to Wellington for ya :P
E910 - September 7, 2009 12:21 AM (GMT)
| QUOTE (Soiled Altezza @ Sep 7 2009, 09:53 AM) |
| McDs carpark is a public road unless the carpark was gated off. |
Just found this definition of what a road is
http://www.ltsa.govt.nz/legislation/road.htmlGate or no gate I think he's screwed, but I'd fight it anyway. You may get the charge reduced?
| QUOTE |
Because of the wide scope of the definition, the courts have developed a number of principles that they apply when considering whether a place is a road. These include that:
* 'public' means the public in general, and not just a section of the public * it is not enough that the place is physically open to the public - they must be shown to be actually using it.
This assessment is made by the courts on a case-by-case basis and is dependant on the facts of each case. Therefore, it is not possible to give a simple 'yes' or 'no' in answer to the question, 'Is this place a road?'. |
Soiled Altezza - September 7, 2009 12:32 AM (GMT)
| QUOTE (Minh @ Sep 7 2009, 11:48 AM) |
| QUOTE (caveman @ Sep 6 2009, 10:20 PM) | Minh - What did the police do to you ?, why is it the fault of "Da police" that you can't make it to MM09?
|
Well i was disqualify for 3 months in June from to many demerits points .I was supposed to be getting it back in september before mm09 :D . But during that time i was caught driving on my way back from work. I got randomly pulled over for no reason at all,i wasnt speeding all any thing dogy :angry: So now thats other 6 months, I have to wait till Feb before I can go on any cruises with the club :skid:
|
Weren't doing anything dodgey at all? You were driving while disqualified :P guts that it happens but sometimes people bring these kind of things onto themselves.
greeneyes - September 7, 2009 12:50 AM (GMT)
| QUOTE |
| If you were in the McD's car park then that's not a public road, it's private land. |
| QUOTE |
| This assessment is made by the courts on a case-by-case basis and is dependant on the facts of each case. Therefore, it is not possible to give a simple 'yes' or 'no' in answer to the question, 'Is this place a road?'. |
Well, I wouldn't hire a lawyer, but you'll be in Court and might as well claim innocence. The cops weren't there so they did not witness what happened, and if it was over a speed hump then a deliberate obstruction on a 'roadway' will make driving difficult and dangerous. Obviously a large bump within the car will make your foot slip on the accelerator.. I used to drive an old 3ton Bedford truck accasionally that was impossible to control at 40kph over potholes and bumps, the pedal was far too sensitive.
It should really be a civil case between MacD's and you, but the State is pushing its nose into all parts of our lives these days.
Personally, no victim, then no crime! Let the victim stand up in Court and accuse you...
However the Statists have a difference view and you're probably screwed in the current version of the 17th century witch hunts.
4815162342 - September 7, 2009 01:44 AM (GMT)
| QUOTE |
| might as well claim innocence |
Why try and claim innocence for something you did?
| QUOTE |
| The cops weren't there so they did not witness what happened |
They probably have witnesses who can testify that it was you,
and they probably have security cameras around there and if they are lucky may have you on tape.
I reckon that if you try and say it wasnt you-and they proove you did it-they may make the punishment even worse.
Minh - September 7, 2009 01:49 AM (GMT)
| QUOTE (xnickx @ Sep 6 2009, 11:51 PM) |
| Minh, get a mate to drive the car down to Wellington for ya :P |
I would love to do that but non of my mates are keen <_< ,plus it a bit late now. Wont have any money for wellington now that I cant get to work.
| QUOTE (Minh @ Sep 7 2009, 11:48 AM) |
| QUOTE (caveman @ Sep 6 2009, 10:20 PM) | Minh - What did the police do to you ?, why is it the fault of "Da police" that you can't make it to MM09?
|
Well i was disqualify for 3 months in June from to many demerits points .I was supposed to be getting it back in september before mm09 . But during that time i was caught driving on my way back from work. I got randomly pulled over for no reason at all,i wasnt speeding all any thing dogy So now thats other 6 months, I have to wait till Feb before I can go on any cruises with the club :skid:
Weren't doing anything dodgey at all? You were driving while disqualified :P guts that it happens but sometimes people bring these kind of things onto themselves.
|
Well all I got to say is S*** happens :D this is why this topic was brought up lol
koz - September 7, 2009 01:52 AM (GMT)
Sorry to hear that bro. Might as well fight them, seeing as they have no proof, but then again you never knew, you could get worse off.
Either way best of luck.
| QUOTE (Minh @ Sep 7 2009, 01:49 PM) |
I would love to do that but non of my mates are keen <_< ,plus it a bit late now. Wont have any money for wellington now that I cant get to work.
| QUOTE (Minh @ Sep 7 2009, 11:48 AM) | | QUOTE (caveman @ Sep 6 2009, 10:20 PM) | Minh - What did the police do to you ?, why is it the fault of "Da police" that you can't make it to MM09?
|
Well i was disqualify for 3 months in June from to many demerits points .I was supposed to be getting it back in september before mm09 . But during that time i was caught driving on my way back from work. I got randomly pulled over for no reason at all,i wasnt speeding all any thing dogy So now thats other 6 months, I have to wait till Feb before I can go on any cruises with the club :skid:
Weren't doing anything dodgey at all? You were driving while disqualified :P guts that it happens but sometimes people bring these kind of things onto themselves.
|
Well all I got to say is S*** happens :D this is why this topic was brought up lol
|
Surely you can get those licenses to drive to work and back?
1337 - September 7, 2009 04:19 AM (GMT)
If you did it why fight it?
If you did the crime, do the time.
jeremyflower - September 7, 2009 06:06 AM (GMT)
Neither of them have any sympathy from me.
Take your kick in the ass and move on, hopefully you'll learn a lesson in the process.
alimac - September 7, 2009 06:53 AM (GMT)
| QUOTE (jeremyflower @ Sep 7 2009, 06:06 PM) |
Neither of them have any sympathy from me.
Take your kick in the ass and move on, hopefully you'll learn a lesson in the process. |
I tend to agree. A bit like the guy from work who got knocked off his scooter, got breath tested and blew 1400, but tried to say it wasn't his fault because the car driver cut him off. If you're disqualified and you get caught driving there is only one person to blame, and it's not the police
Leiden - September 7, 2009 08:57 AM (GMT)
Why fight it?
Because I didn't actually do a 'burnout'...
Fact of the matter is:
- There were no witnesses to the alledged crime apart from my mates who were in the car.
- The Police themselves didn't witness the incident.
- The vehicles tyres are still in perfect condition, no lacerations or radial tearing.
- There is no video footage, rung all local businesses, council, even Police and nothing.
- There were no 'burnout' marks where the incident happened.
- The clutch is slipping pretty badly.
Everyone in the car said the clutch was just slipping and the wastegate was screaming away which to uneducated Police sounded like tyre squeeling. I went back to the spot I was in and there were no tire marks at all so what does that tell you about what happened?
Maybe I admitted to doing a burnout because I thought that I had done one... Can you be done for an attempted Sustained Loss of Traction? Does the definition of that mean that the tyres need to actually lose traction of the road or can you be convicted for trying?
As for all you idiots who think that I am the root cause of all your problems then grow the &%#@ up. Seriously... we all know you've done skids before... just because you get away with it doesn't mean your any better than someone who gets caught. Its just a matter of time.
Leiden - September 7, 2009 09:05 AM (GMT)
| QUOTE (Distrb @ Sep 6 2009, 10:47 PM) |
| QUOTE (Leiden @ Sep 6 2009, 08:07 PM) |
Anyway the vehicle is registered in my mums name at the moment, does this mean they can still confiscate it? |
yes, especially if they can prove you are the primary driver of the vehicle.
|
What if the vehicle was sold prior to being confiscated by the courts?
4815162342 - September 7, 2009 09:10 AM (GMT)
Sustained loss of traction wasnt it? Isnt that all they need?
Were you trying to do a burnout? Were you trying to loose traction on your tyres?
If you werent meaning to do the above then by all means fight it.
They got my mate on sustained loss of traction (handbreak around corner) and he lost his licence for 6 months, first offence.
Live and learn
YellowRS200 - September 7, 2009 09:11 AM (GMT)
Leiden,I've gotta ask one Question.If the clutch was slipping that much,WHY drive around in it full of your mates.Don't you think it would make it worse!!! :huh:
Haven't your mates got any cars,or have there's got slipping clutchs as well. :huh:
tomstezz - September 7, 2009 09:28 AM (GMT)
De register the car and turn into race car then it doesn't exist.
Leiden - September 7, 2009 09:31 AM (GMT)
I hadn't realised it before because its usually only me and my girlfriend driving around in the car...
This time it was packed full, most of them are big stocky fulla's too, we were heading to the clubs and I was the only person sobre enough to drive.
But seriously, attempted Sustained Loss of Traction <_<
Loss of Traction means well, loss of traction. Maybe I'm guilty of careless driving, but yea....
Anyway if I do get convicted I'll apply for Section 94 of the Land Transport Act 1998. Basically if you've lost your license before you can apply for community work instead of a second disqualification. I'd lose my job if I didn't have my license.
Basically it comes down to a few factors...
- The circumstances of the case and of the offender
- The effectiveness or otherwise of a previous order of disqualification
- The likely effect on the offender of a further order of disqualification
- The interests of the public
- The gravity of the offence
Basically if I lost it again I'd lose my job and have to go on a benefit using tax payers money. Community work would allow me to continue employment (paying tax) and give something back to the community.
The gravity of the offence (even under being found guilty) is still minimal. A burnout in an empty carpark, at 11pm on a Saturday night has very little impact both residential and commercial. There was no one put at risk because of the incident.
madaltezza - September 7, 2009 09:36 AM (GMT)
I cant see you learning you've been on home d already so if I was you, take whatever they throw at you and hopefully you might learn this time
pandorasbox - September 7, 2009 09:50 AM (GMT)
Gotta agree with the others on this one. If you did it (and it sounds like you did) then man up and take the consequences, sucks to lose the car but then thats the risk you take when you choose to drive that way.
altezza_nz - September 7, 2009 09:51 AM (GMT)
| QUOTE |
| The gravity of the offence (even under being found guilty) is still minimal. A burnout in an empty carpark, at 11pm on a Saturday night has very little impact both residential and commercial. There was no one put at risk because of the incident |
Lol umm so you did do it then?
Distrb - September 7, 2009 09:51 AM (GMT)
| QUOTE (Leiden @ Sep 7 2009, 09:05 PM) |
| QUOTE (Distrb @ Sep 6 2009, 10:47 PM) | | QUOTE (Leiden @ Sep 6 2009, 08:07 PM) |
Anyway the vehicle is registered in my mums name at the moment, does this mean they can still confiscate it? |
yes, especially if they can prove you are the primary driver of the vehicle.
|
What if the vehicle was sold prior to being confiscated by the courts?
|
If the change of ownership has been recent and to family or friend and can also be proven it was done in correlation to either a recent conviction or change of circumstance it can be seized and sold by the courts
greeneyes - September 7, 2009 10:20 AM (GMT)
| QUOTE |
| De register the car and turn into race car then it doesn't exist. |
hmm... now THAT is an intriguing point!
oriphin - September 7, 2009 10:23 PM (GMT)
... well sorry guys seams a bit harsh to me, how would you all feel if you lost your car for something so simple,
Say you were just showing off to some mates or something and for that lose you license and your car that you have put so much work and money into.
This is the 1st time i have see this club be so negative... feels like the my.is forums ffs... maybe stick up for your club members or something <_<
Best of luck bro!
EDIT: and dont look at my sig :P
Torquenstein - September 7, 2009 10:46 PM (GMT)
Because its still doing something illegal? Are we supposed to endorse that behavior? You can show your car off to your mates without being a tosser.
And people saying "F** da police" are just down right retarded. Would you rather live in a world without Police? Grow a brain.
If you want to do burnouts/go fast, do it legally on a racetrack. Don't be an idiot.
However, if he didn't actually do anything, by all means fight it. But if he did, just take whats given to you.
koz - September 7, 2009 10:47 PM (GMT)
| QUOTE (Leiden @ Sep 7 2009, 08:57 PM) |
| Maybe I admitted to doing a burnout because I thought that I had done one... Can you be done for an attempted Sustained Loss of Traction? Does the definition of that mean that the tyres need to actually lose traction of the road or can you be convicted for trying? |
You admitted it to the cops?
I don't think you will be able to get off this if you did. You are already guilty as far as they are concerned.
Can't believe everyone here is being so negative all of a sudden.
In all honesty, any single person cal dial *555 and tell them you were speeding/driving like an idiot/doing burnouts, they can just do it - no proof required. Someone doesn't like your face? No worries just call *555.
greeneyes - September 7, 2009 11:09 PM (GMT)
| QUOTE |
| Someone doesn't like your face? No worries just call *555. |
Yes, along with our current lurch towards communism is the regretful tendency to have us dob each other in. Don't like something someone else is doing? Just phone some Govt number and bitch about it. The Russians did it big time, and I imagine the communist Chinese were no different. Now the USA is pushing it hard, although with a million spy cameras the Brits don't need to!
My sympathies Leiden, I don't think the Police should be allowed to touch you. It was private land and it is up to McD's to set their conditions of use.
Deregister and hide it or sell it!!