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Giving a cop the middle finger - PLEASE HELP

Discussion in 'The Pub' at netrider.net.au started by cali2sydney, Oct 2, 2007.

  1. I know this is slightly off topic for this forum, but I desperately need help. The offense happened in a car.

    About 4 weeks about I was pulling into an intersection. The intersection did not have any traffic lights. The street I was on was a one way street and I was making a right turn on to a two way street.

    I also had one passenger in my vehicle who can verify what I am saying is true. I waited almost 2 minutes to make my turn. The street I was turning on had a lot of traffic in both directions and I had to wait until there was a safe distance in front of the cars coming from the right for me to pull out and make my right turn. I waited long enough for the person behind me to become impatient and started hooting at me.

    I finally found a good time to start my turn. There were no cars coming from my right and I started pulling into the intersection. My attention then turned to the traffic coming from the left. As I was about to make the right, a car starting hooting at me from the right. They must have been traveling at a high rate of speed as there was nobody there just 2 seconds earlier. Out of the corner of my eye I saw what I thought was an impatient taxi driver. Without hesitation and without even looking (my head was still to the left) I gave them the middle finger. To my horror I looked over and noticed I gave the finger to a policeman, and not a taxi driver. My heart just sank.

    I quickly pulled over to the side of the road as they put on their lights and made a u-turn to get behind me. I rolled down all of the windows and waited for them to approach my car. The cop came to my window and right away I could tell she was VERY angry. The first thing that came out of my mouth was an apology. I could not apologize enough. I told her what happened, but she didn't want to hear it.

    She first took a look at my license. Then she gave me a breath test. The next question she asked was where are your glasses? I told her I had eye surgery over 12 months ago and I now have 20/20 vision. She told me it was a violation not to notify the RTA of this as my license states I wear glasses/contacts. I again apologized as I was not aware of the proper procedures.

    She went back to the cop car with her partner. They made us wait in the car for almost 45 minutes. At one point another cop car pulled up with two more cops. As if that was not enough, 4 cops happened to be on foot patrol in the area and they decided to join the group. At one point, there were 8 cops in total for me giving her the middle finger. To make a long story short, she came back to my car and said she was going back to her office to decide what she was going to give me a ticket for.

    That was almost 4 weeks ago.

    I checked the post the other day, and sitting in my box was 3 letters from the NSW government. I opened them and almost went into shock.

    In total I got 8 demerit points. The first ticket for three points was "driver body outside window/door". The second for three points was for "Not giving way to a vehicle". The third ticket was 2 points "Not comply with license conditions". This was for not having glasses or contacts on as my license says I need them (again, I had laser surgery to correct my eyesight).

    In total these tickets add up to 8 demerit points!!! I already have 5 on record for offenses that happened back in August 2005. I am very worried about losing my license. I can't afford to lose it for so many reasons. One being my work requires it.

    Can you guys please offer up what your suggestions are? I moved to Australia almost 4 years ago and really don't know how the system works here. Do I fight the tickets? Are the points now on my record? I have not been sent any letters saying my license has been suspended. I have not paid the fines as of yet as I feel ALL of them are not fair. I am losing sleep over my bad luck at the moment and really need some help.

    Thanks in advance,

  2. Mate,

    Sounds like one over zealous set of cops! But bad luck on flipping the bird at the wrong time :cry:

    Get some legal advise about approaching these. I would certianly not be paying any of these in the short term as your licence does not record any points until you pay the fines (admiting guilt).

    The first fine you described is bollocks (can be easily defeted in court (less now 3 points)). The second is debatable. The third you might have to wear (2 pointer).

    Either way, you can probably get these heard in one session (grouped), but you best see a laywer to cover your ass.

  3. Sounds like your in deep sh!t pal.

    Not sure on the legal advice, but if you have a full open license, you are only allowed to accumulate 12 points within any three year period.
  4. +1 ^^^ exactly.
  5. You Poor Bastard.
    Speak to a lawer.
    The fact that she had to decide what she wanted to book you for might work in your favor. (IE It wasn't obvios)
    You are going to get hit for failing to give way, and there is probably F#$k all you can do about it.
    You can probably get clear on the driving restrictions (Get letters from doctors and so on)
    The Body outside teh vehicle is a trumped up charge, but odds on it is your word against hers.
    Find yourself a lawer write a letter admitting failing to give way, identifying the reason for your eyes and chalenging the third, is my guess. (But as I said get some legle advice before you act)
  6. fcuk me dead, it sounds like she is a total biatch.
  7. Sounds pretty crappy, but I guess that's what CAN happen when you piss off the Police.
  8. So, let me get this straight. The car that came quickly on your right was a police car, the car in question?

    If she didn't have her lights and siren on, she should have been travelling at the speed limit, and has no right to book you for failure to give way, if that is the case.

    Either way, you're going to have to get legal advice, and, if you have a good relationship with your boss, discuss the whole situation with him/her NOW and see what assistance work can provide for you.

    Good luck, though, she sounds like a real jerk....
  9. Thanks for the feedback...

    Thanks again for the advise you guys are giving me... The more advise I have the better informed my decision can be.

    Thanks again... Still looking forward to hearing what more of you have to say.


  10. So you're first post to a motorbike forum is about what you did in your car :?

    So what bike do you ride?

    Anyway, challenge it in court, although with five demerit points (more than likely two offences?), you may get off the "not comply", which will hopefully save your licence

    Hornet also raised good points about the non-flasing lights, but how do you know the cop car was speeding, so use your passenger as a witness...all the best with it.
  11. Ouch, thats why you don't flip the bird to cops lol.

    Check out this link for information about the various basis's that you can make appeals for. Technically they can't let you off unless its for one of these reasons unless theres some other seriously genuine thing going on, or if you have a clean 10 years driving record. Taking it to court would probably result in getting rid of the body outside car part.. maybe..


    Go find yourself a lawyer that specializes in this stuff.
  12. Yeah, def seek legal advice...
    i'm with hornet, not that you can prove she was or wasnt' travelling high speed, you could also argue that she pulled out of a car park near the intersection and it was clear when you checked...
    As far as the body outside the window, argue that you didn't take your hand off the steering wheel for more than couple of seconds as you were currently in the process of making the actual turn, and thus your hand didn't exit the vehicle.

    speaking of which tho... as we've previously been referenced an article saying its not against the law to call a cop, a pig, is a hand gesture that may be 'interpreted' at rude against the law? Its my version of G'Day mate, really... ;)
  13. That's sad and hilarious at the same time.

    You definitely got her on a Pre Monsterous Tyranny day. Your number was up doood!

    Objections and a trip to the magistrate court for you - a good specialist lawyer should help limit the damage...
  14. Only if you can prove that she was speeding, otherwise you're still screwed.

    The only one you may have a chance of getting let off would be the body outside window, only if you can make a case that from where she was sitting there was no way she could tell if your hand was outside the window line or not. That is unless you actually extended your arm out to give the bird, then you're screwed on that one also.

    Did the Police car have to brake to avoid you? If not then you might also be able to make a case that you did give way sufficiently that the police car did not have to make an evasive action to avoid you.

    Better get a lawyer son...............
  15. Mate I would be straight on the phone to my lawyer. If the story is as you say it is, then really youre just the victim of this stupid cop biatch having a bad day. Sounds to me like she got a bit high and mighty after someone dared to disrespect her!

    Contest it! Sue the biatch! Find out where she lives! Do something!!!

    Ignore me, i need coffee and a smoke.
  16. Good Lawyer?

    Can anybody suggest a GOOD lawyer for me in Sydney?
  17. You poor thing...

    Still, I got a giggle out of it.

    You need to speak to a lawyer, but what some of the others said is very sound. Go into damage control - speak to your boss, look at moving closer to work if you live far away etc.
  18. WELCOME TO AUSTRALIA... The land of the long weekend & where you can get a fined for just about anything. I'm surprised they didn't give you a ticket for parking in a No-Stopping zone as well.
  19. Going by your name, in the US you'd have been shot...

    fcuk, some police are seriously screwed aren't they? 8 police for a routine traffic offence? Tweet, where are you?
  20. It's amazing how all of this could have been avoided had you not flipped off the other motorist (cop or not). You just never know who's in that other vehicle. What if it had been a taxi and the driver decided to chase you down and go the biff? Road rage is a common thing these days.

    A couple of months ago, Mrs Tree was turning into our estate when a motorist who was approaching the corner from inside the estate gave her the finger because he thought she'd cut the corner a bit. She instantly recognised him as the teenage son of our neighbour. She told me about the incident and I went next door to have a chat with said neighbour and his son. His Dad and I made sure he won't forget the incident too soon and are pretty sure it won't happen again.

    You just never know who's in that other vehicle and what the consequences of your actions might be. Better to just let things slide and get on with your life.

    All Monday morning talk, I know. Sorry if this comes off sounding like a lecture from your Dad. Not my intention.

    Hope things work out okay for you.