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VIC How much trouble am I in?

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Jack096, Oct 20, 2015.

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  1. Hey guys,

    Let me preface this by saying that I am very foolish.


    Just gone done today pretty badly by the rozzers, since I committed 4 offences, I will have a court summons sent to me. I'll outline what I did:

    I'm on my P1 motorcycle license, and I'm currently on my RE restrictions. I recently brought and unregistered YAMAHA R1 to 'do up' over the next few years and get it ready for when I get off my restrictions.

    today I had given it a quick wash and chain lube, after washing the bike I find it's usually nice to give the brakes a nice squeeze while moving so that any water inside them is removed.


    What I fooolishly did was, I attached a number plate of a lams bike that I own onto the R1, I put on my helmet (I was wearing nothing but a shorts and t shirt) and took it for a little ride up and down my neighbourhood. I took a few turns down the nearby side street, and approached an intersection, where I intended to turn right, and then turn into the street that I lived on (my journey would be square shaped path through neighbourhood). at the intersection the lights flashed and I was pulled over.

    the guy asked me a bunch of questions, since I left my license at home I was handcuffed and taken down to a nearby boozebus to be identified and questioned, I was then returned to bike and 'walked it home'.


    basically, what I've done is:

    1. ridden a non lams bike while restricted (3 points $303)
    2. ridden an unregistered motorcycle (boom moneyshot! $758 )
    3. failed to posses my license while riding a motorcycle ($152)
    4. affixing a misrepresented license plate ($303)

    I have previously collected 3 points for obscure number plate.


    the police officer told me that because it is over 3 offences I will not be charged to day and will instead be taken to court.


    I know what I did was very very silly, and I know I'm in the shit for riding an r1.

    I never really planned to ride the r1 over the 3 years, I just thought riding it through the neighbourhood after doing a bit of maintenance to check how it was wouldn't come back to bite me so HARD.




    What will court be like, and is there any chance of keeping my licence?

    will I have a criminal record?
     
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  2. wow.... woops.. and why?
    no.. you're not likely to keep your licence :p

    did you forget "uninsured" as well?
     
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  3. the officer saw the vin said yamaha and the plate said well, not yamaha, and he said 'start talking now mate' and I said 'not sure'

    after that he took my picture and then, asked me to be honest and I gave it up the jig, he reckons if I was honest at first he would have just given me a ticket and that would be it.
     
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  4. I think you should grab the pushy out of the shed. As Dr Phil would say, "what were you thinkin?" Gee, you would have got off lightly if you were honest?, nice cop.
     
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    • Funny Funny x 2
  5. He might have been ultra nice... if you had spilled it up front.. you know for next time :D


    riding a bike outside your licence restrictions? it happens
    riding a bike with no plate up and down the road? it happens

    putting on a plate from a different bike shows deliberate intent to not get caught, and there's no reason to believe you don't ride it every day...
     
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    • Agree Agree x 9
    • Like Like x 1
  6. if the points you've listed are correct then you're up for a 3 month points suspension for going over 4 points while restricted. I don't think there's any mandatory license suspension for any of those offenses. to avoid the points suspension you should receive an option letter from vicroads to drive/ride for 12 months without getting any more demerit points, if you do then your 3 month suspension is doubled to 6.

    and traffic stuff is not criminal so dont worry about it.
     
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  7. it's hard to guage in the moment when the right time is to spill the beans.
     
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  8. :D generally when you get caught :) he's run your plate.. he knows... he probably just wanted a reason to be nice to you :)
     
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  9. fwiw Minor traffic matters | Victoria Legal Aid

    Driving an unregistered vehicle
    Being charged with ‘driving an unregistered vehicle’ means that the police believe that you were driving a car that is not registered with VicRoads.
    If the matter goes to court, all the prosecution has to prove is that:
    - you drove a car that was not registered with VicRoads
    and
    - you did not have a ‘reasonable excuse’ for doing so.
    They do not need to prove that you intended to or that you knew what you were doing was against the law.
     
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  10. I can remember him being on the phone running my plates, and thinking in my head 'haha it'll come up as black lams honda, I'll just tell him the yamaha sticker is because I'm a rossi fan'


    he points to the vin.


    he told me later on that he was in highwaypatrol for a few years. should have known
     
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    • Like Like x 1
  11. Every time someone on a restricted license buys an open-class bike 'to keep for later' I hold my breath. I'm sorry for the consequence for you but you were very silly, several times over...
     
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    • Agree Agree x 8
  12. your absolutely right, for the price I paid for the bike, I thought it was too much of a bargain to let my LAMS let me miss out on. so many times I've seen cracker big bikes for under 5 grand, while shopping for bigger lams bike (usually gonna cost around 7-10k).

    I knew damn well in the back of my mind, that I wasn't going to let it sit in the garage for 3 years. I knew I'd take it for rides, the temptation is enormous! I told my self I would just track day it.

    with all the penalties, and the added three months of lams with the suspension, I can certainly say, it isn't worth it.
     
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    • Agree Agree x 2
  13. I wouldnt recommend running a "dog ate my homework" defence in front of a magistrate etiher. Just cop it sweet now I reckon.

    If you choose the 12 month points bond option then there'll be no suspension and your lams period wont be extended.
     
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    • Agree Agree x 2

  14. If this is an option, I'll definitely take it - the bike will be replaced with a nice and shiny myki and pushy for 12 months.
     
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    • Agree Agree x 1
  15. Why did you need to lube a chain of a bike you don't use?

    And yes, letting a bike sit for 3 years is stupid. No matter the bargain, you would no doubt get it cheaper in 3 years time.

    I have no sympathy for people that ride unregistered vehicles.
     
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    • Agree Agree x 2
  16. You can still legally ride/drive during the bond period. Just don't get any more demerit points :)
     
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    • Agree Agree x 1
  17. Yes I agree with Jmc, it will be at least a 1 - 2 month wait before your case. In the meantime you can continue to ride your LAMS bike on the basis of your restricted license. When summoned dress up in your best but most conservative clothing and be polite, explain the whole situation. Take the dressing down from the magistrate and take the punishment he gives. You may be lucky and get offered the one point over 12 months option. If so pull your head in and ride like a nanny for the 12 months. I suspect though you will get license suspension. Your time on P's thus far will not be lost and it will continue when the license returns although magistrates have some leeway in adjusting this so may extend your P period.

    You will not get a criminal record and others have said it is a civil matter. You realise you have screwed up so there is no benefit in chastising you. Hope you get the best outcome. Put the R1 away until you can ride it legally, I know it is a temptation but you need to resist.
     
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  18. because I'm a noob and was excited to do some hands on stuff,

    dunno really, chain was dry and I thought why not start off with that?
     
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  19. It is good to keep any vehicle maintained so applause to you there.
    The worst part if this is that you put plates on it to make it appear legal.

    When you do get your day in court just tell it plainly.
    You made a silly error in judgement and were only going around the block to ensure that the bike was in proper working order.
     
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    • Like Like x 1
    • Agree Agree x 1
  20. the plate was such a dumb idea - hindsight is 20/20 though, at the time I thought it was genius!

    We'll just have to see how it all unfolds in court I reckon.

    as an aside: after my two instructed rides with you, and 11,000 km's of practice, I can definitely say I'm feeling more confident with cornering now (I no longer have to take basic turns at 20kmh anymore). Big thanks for those lessons, really made a big difference in first month of riding.
     
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