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NSW negligent driving update:

Discussion in 'Politics, Laws, Government & Insurance' started by theiceman, Sep 2, 2009.

  1. G'day All.

    I Dropped the bike months ago, on a sh1tty piece of dirt road in the bush. Because I couldn't get normal phone reception to call mates, wife etc. for help I ended up having to ring 000 to get an ambulance to hospital (000 refused to ring wife for me). When I get to hospital they take a blood sample and now that sample although negative means that the cops are able to book me with negligent driving. 324 Freakin' bucks. Apparently the simple fact that I came off the bike is proof of negligence. Two questions; 1) Is this the lowest act a cop can pull? and 2) are there any legal eagles out there that can throw some light on negligent driving legislation?

    UPDATE: Court case is tomorrow and I haven't even been able to get a copy of my statement to police or copy of their brief. WTF are our taxes paying for? Can I make a claim for negligent coppering?

  2. Dont know the legalities, but best of luck with the case.
  3. It's been covered before. The cops have no choice with a single vehicle accident - it's the law - they have to issue a ticket regardless of circumstance. They would get their butt kicked if they didn't.
  4. That's old news.

    So what sort of accident happened that meant you weren't negligent?
  5. Sorry QuarterWit and DrewBytes. It is old news but when I tried to update original post the good old 'bush broadband' shit itself :oops: :evil:

    The court case is tomorrow and I haven't even been able to get a copy of my statement to police or copy of their brief. WTF are our taxes paying for? Can I make a claim for negligent coppering?
  6. If you are representing yourself, call NSW Legal Aid first thing tomorrow if you haven't already. They will be able to tell you if you have any rights regarding briefs, statements etc. and will be able to give more general advice. I think getting briefs on the day is fairly common.
  7. In that case I'll have Jennifer Hawkins' briefs please :grin: :grin: :grin: And preferrably with her (temporarily) still in them.

    Thanks for legal aid link
  8. Speak to the legal aid if you can TODAY.
    If not the court duty solicitor tommorrow as soon as they open.
    Tell him / her about the lack of info as requested.
    I (personally) would be asking for a dismissal (as the coppers won't play as they have to), or at a minimum the case to be adjourned for the same reasons.
    The coppers will not like either option as it wastes their time. Tough.
  9. Thanks for the input guys, now and for the original post. Appreciated.

    The case was dismissed. The cop that issued the ticket had an RDO so couldn't be cross examined :roll: . If nothing else the prosecutor had the decency to concede 'misadventure' and didn't object to the case being dismissed.

    I think it shows if you've done nothing wrong its probably worth contesting a ticket. I wonder though whether the word 'misadventure' is the key ingredient in contesting negligent driving tickets.
  10. That's a great result :beer: but it would have been different if the cop had turned up. You were lucky.
  11. You could be right DrewBytes. But I really think their case was wafer thin. I suppose its a matter of weighing up the cost/time/pig headedness etc. But all's well that ends well and by my calculations I'm up 8 cartons of Extra Dry :beer:
  12. Sounds like you got lucky! But yeah, it's like kicking a guy in the balls when he's passed out.
  13. Good for you mate!
  14. Just goes to prove how many of these could be beaten!
    The coppers are playing the odds that people won't challenge them.
    If it's a 0.05 or a serious traffic offence the copper will be there. With a minor fine / offence its not worth taking him off the road.
  15. I'm wondering if people who are hurt are not calling triple 0 because they fear they'll incur a neg driving ticket?
    Reminds me of what the top cop who was involved with finding Tim Holding who said that no one will ever be charged for search and rescue because if they would have been then they would be loath to get help for fear of getting charged.
  16. Well done Iceman - you stacked off road didn't you??
  17. Thanks Toecutter. Yeah mate stacked on a bush track. Sorry I fkt up the attempted update of original post so members wouldn't have to cough up same phlegm.

    Just crawling along, no real damage to bike, no damage to property but busted a few ribs, dislocated shoulder, stitches in elbow and hand. KLR remember? :oops:

    Months later and neg driving ticket arrives. :evil:
  18. :woot: score 1 for the good guys,
    congratulations on not just accepting the ticket as inevitable and fighting it, does dismissed mean no points loss as well, the rta are a law onto themselves

  19. Thanks waedwe. Dismissed as in didn't happen, no points, RTA can blow themselves, theiceman 1 dipshit that introduced legislation Nil :!: :!: :!:
  20. with a situation like this, is there a general operator you can ring like in the old days, so that in instances of low reception, they can connect you to someone you couldnt reach ordinarily? t'would be useful.