Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

Someone tried to kill me - Do I get to see them at court?

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by moog, Dec 17, 2007.

  1. Someone tried to ram me off my bike and then intentionally run me off the road.

    I got someone to take me to the police station as I was shaken up and the first question the Police asked was "Are you willing to take it to court and testify?" to which I replied "I'm willing to do everything nessecary".

    I'm wondering if anyone knows what happens now or what the process is once the statement has been made? I don't know how they resolve one persons word against the others.

    I've been advised not to discuss details, sorry, incase it does go to court.


     
     Top
  2. i would do it if someone tried to intentionally endanger my life. With out knowng details its hard to say of outcome or process. they might get slap on the wrist or possibly if it can be benificail to the court in a political way they may make an example of the other party. But rest assured that person will probably think again before they contemplate doing stupid things behind the wheel.
    If you dont get a legal result an you feel like you wana get yours back call today tonight. the thrive on this stuff
     
     Top
  3. Or they'll pin you as a 'evil bikie' who terrorises small children and make the guy in the car out to be an innocent citizen who raises fluffy bunnies for the blind...
     
     Top
  4. moog - take it as far as you can! Regardless of whether you did something wrong to wind them up or not it's at worst attempted murder. You could have been killed if they had succeeded. People like that need to be taken off the road immediately!

    F*&%$rs! :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil:
     
     Top
  5. Mate, that seriously sucks!!!

    I've been there, reported it to the cops, licence plate and all, but without witnesses, the cops did not encourage me to press charges... in hindsight, I should have anyway...

    If you make a charge, the cops are duty bound to investigate. Any witnesses?? This will help big time! I assume you have a rego, driver and car description??

    Sounds like possible charges could include assault with a deadly weapon, reckless driving, even attempted murder...

    If it proceeds to court, you'll be a witness.

    PM Tramp64 for some broad advice.
     
     Top
  6. If you're going to pursue it (and I believe you should), the best advice you're going to get here is to "get a lawyer son". Then ask them what to do and what to say and who to.

    and say nothing else, here on NR or to anyone else.

    Good Luck
     
     Top
  7. I wouldn't bother pursuing it unless I had a witness, and could claim damages (eg. mental stress).

    I've been merged into then abused and guy tried to rip my helmet off and shook my head around and then tried to reverse over me, and I was too dumbstruck to do anything, or remember his plate! But then it was parramatta, so its to be expected - I quickly retreated to the beaches :LOL: :LOL:
     
     Top
  8. Form of demand for the registered owner then interview for the driver at time of incident. Depending upon what driver puts forward as their version of events (assuming they choose to answer questions) and any witnesses you or they can provide who are prepared to offer a statement, police will consider based upon that the chance of conviction being reasonable.

    If you were not struck by the vehicle, or assaulted by an occupant police may give them a CAN, whereby they will be required to attend court.

    they may deal with it as a predatory driving offence.
     
     Top
  9. It'll depend on how bothered the cop is. It's not as easy as a TIN or a shoplifting case. they have to pursue the other guy and probably lives in a different area so that makes is more complicated for the cops.

    I'd be keen to do something about it myself, if I were you. What he did is about as serious as it gets and it doesn't matter if you cut him off or something.
     
     Top
  10. IF you pursue it (your call in the ned) prepare for a lengthy and expensive court battle I suggest, also be aware that if you lose said battle you'll be wearing both your costs and his. Not trying to discourage you by any means, just a heads up as to possible outcomes.
     
     Top
  11. If it goes ahead it will be a criminal or traffic matter and Moog won't pay a cent. It's the DPPs case not his.
     
     Top
  12. Might be worth a PM to Hubie. To find out what a cop is looking for to make it worthwhile with proceeding.
    As above, if you have a witness/s, then you're in pole position. It's no longer your word against theirs.
    If you can prove the allegation, nail this f*ckers body to the city gates, as a warning to all who pass there.

    Good luck.
    Scheff
     
     Top
  13. Absolutely. And they won't proceed unless they believe that there is a better than good chance of success. If you get called into court as a witness then they will believe that they can win - and that you are a very credible witness.
     
     Top
  14. :WStupid:

    Could not agree more.
     
     Top
  15. Just having cops appear on his doorstep might encourage him to not do it again, so you might be doing us all a service even if it doesn't go to court.
     
     Top
  16. Again this reveals what worries me so much about the 'free legal advice' here on Netrider... to many people with incorrect observations...

    As said a few posts above, it will be either a criminal or traffic matter, so it isn't 'your case', and you will not need a lawyer... the police investigate, prepare a brief for the DPP who then choose whether to pursue it further...

    If you want to sue the see you next Tuesday for damages (property, physical or mental) THEN you need a lawyer...

    It won't cost you anything other than time off work for court if it ever gets that far...

    Remember, the cops are used to people who front up all full of enthusiasm and righteousness, but the cops also know that in a month, or a year, or more down the track when it ends up in court, they are no longer interested, so they won't pursue it too hard unless you keep pursuing them...

    At least the cops were interested enough not to just tell you to p!ss off... You need to ask them to allow you to make a formal statement ASAP...

    The right thing to do is to do as much as you can to see that justice is done, but that might not be the right thing for you...

    Cheers,
    Daewoo
     
     Top
  17. Halla bloody lujah! Someone with some common sense. Some of the bush lawyerisms that get tossed around on here are laughable really.
     
     Top
  18. Daewoo - i agree, but i think you might have quoted the wrong person.
     
     Top
  19. Yeah, sorry, I wasn't being critical of twistngo... I was saying agreeing that pursuing it withthe cops was best, but seemed to have missed the point from up on top of my high horse... :) ...

    Cheers,
    Daewoo
     
     Top