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Speeding fine stat dec

Discussion in 'Politics, Laws, Government & Insurance' started by deeds, Jul 4, 2006.

  1. At the end of march i was pulled over for riding unrego'd. I was pretty emotionally strung out at the time; Mum had just come out of a quintuple heart bypass 4 hours ago and I was actually riding home from having dinner with family over from Alice Springs and Sydney.

    A few weeks later I got a speeding fine in the mail, 74 in a 60. Being on Ls at the time i got a friend to take the points. All sweet thanks mate!

    On June 7th I walk out of the court hearing for riding unregistered feeling pretty stoked. I pleaded guilty and the judge fined me the minimum ($375) and 2 days loss of license (gave me option of weekend so i could still get to work). Im about to start my bike when i turn my phone on and theres 2 msgs. I check the first and its some Senior Sargent from the sturt traffic police regarding an incident on the 25th of march. Hang on, Ive just been to court for that! Check the second and its my mate saying that hes just had a visit from the cops and he spilled the beans. HUH WTF?

    Im confused as heck so i sit down and then BAM it hits me. I got the speeding fine on the same day i got pulled over for riding unrego'd and like an idiot i didnt realise cos the fine came in the mail mid april.

    Turns out my mate, whos squeaky clean and afraid of cops got a visit from a uniform. The uniform issued him a summons and he freaked out and told him everything about me being on Ls etc. I call the senior sgt back and he comes around to interview me. Hes all official and pulls out a digital voice recorder etc. In the interview I tell him everything and i sign it. He presses stop and tells me the official interview is over. He then tells me that lying on a stat dec is a serious crime in fact an indeitable(sp) offence with possible jail time. He then started talking about going to the station for a formal video interview and DNA sampling. I pick my jaw off the ground and then he tells me that he can tell im sorry and he will do his best to pass it thru as just a traffic offence and forget about the stat dec. OMG THANK YOU! He then tells me that it would be a lot of hassle to get me in court for what is in essence a traffic violation anyway. He leaves and I felt a lot better even tho im facing the speeding fine AND riding un-rego'd.

    Do you think they will fine and penalise me the unrego'd AGAIN on the same day? The camera got me before I was pulled over for unregistered. I payed the rego the next day when i woke up.

    Anyways today i finish work and theres a msg on my phone. Its the senior sarge and he says that due to the serious nature of the crime Im required to come to the station for a video interview and DNA sampling. Ya ok, thanks sarge, thanks for building up all my hopes before crushing them with a single devastating blow.

    So I went home and started calling people. I went to the most expensive
    lawyer/solicitor that offered first meeting and advice free. Going to see them after work tomorrow.

    Sorry for the novel and thanks for reading!
  2. I'm sorry it happend to you buddy, but I guess sooner or later karma comes to catch up with you.

    You just have to kinda.... ride slower.

    Which just reminds me I've just gotten off my "double or nothing" 1 year probation for getting over 12 demerit points. I couldn't handle 3 months suspension so I drove like turtle.

    Anyways.. good luck.
    End of the day you do the crime you pay the time, a pity you didn't manage to get away with it. :(
  3. i'm quite curious as to why a policeman would send a text message to you, i'm pretty sure its not in any laws that you aren't allowed to text, but its pretty unprofessional - and yes, I would seek professional legal advice.
  4. can I ask what state you are in? I think DNA sampling is abit far fetched, even if you did lie to the police.
  5. a pity you don't have smarter friends!
  6. What the fcuk for? :shock: :shock: :shock: There is absolutely no reason I can see for this to happen. You got booked for speeding, you're not a murder suspect. I would bet any laywer will tell you to refuse this. Even if you've got nothing to hide, it's an unecessary intrusion.

    Don't trust a text message. That really does sound more like someone's playing a prank. Call the station before you go, if you decide to pay any attention at all to the text. :wink:
  7. I'd say it would've been a voicemail message

    How far past the due date was your rego?? You should be getting a few days grace to pay it off of you're in vic.
    But as for the dna sampling and recorded interviews :? that sounds like they're taking it a bit far, sounds like you should get onto a lawyer before you speak to them any more.
  8. That being the case, don't ignore it, but find a lawyer first.
  9. Don't you just love it when cops use a sled hammer to crack a walnut ?

    Very sad.
  10. yer as people have said, either someone is taking the major piss out of you, or speak to a lawyer because what you've said does not sound at all right.
  11. have school holidays started already ?
  12. he left a voicemail msg. And it was definately him, i recognised the voice. And the rego was out over a month so no insurance either , dam thing went by so fast:(
  13. Mate, I think the time has come to "seek legal advice".

    Lying on a stat dec is equivilant to purjery, that is very serious. Both you and your friend could be in serious trouble and especially since it is to avoid a speeding infringement, you can expect to do a few months (of a possible 15 years in victoria) inside.

    As best I can tell in Victoria a person can be compeled to give a DNA sample for numerous serious crimes including culpable driving, but otherwise it is optional.

    As best I can tell for SA you need to convicted and be "sentenced to effective imprisonment".
    http://www.parliament.sa.gov.au/house/2nd Session 50th Final.pdf

    Usually it is not recomended to trust anything that a police officer says during, before or after an interview and never, ever, ever, volenteer any information or any samples of anything until you have been charged and / or served with a warrant.

    It is their job to convict you. Don't help them, at least make them do their job themselves.

    Good luck and start going to the gym !!

  14. You do the crime, you do the time. Karma will bite you on the arse otherwise.

  15. From a quick read of the S.A Crimes Act there are 3 categories of procedures for getting DNA. Catagory 1 is a volunteer, (not a good idea) Category 2 is also a volunteer and Category 3 is a suspect.

    The key is that the police will only be given a court order for a Cat 3 suspect where the DNA evidence is likely to be of use. I've copied s14 of the Crimes Act.....

    14—Category 3 (suspects) procedures

    (1) A forensic procedure authorised under this Part is a "category 3 (suspects) procedure .

    (2) A forensic procedure may only be authorised under this Part if the person on whom the procedure is to be carried out is under suspicion and—

    (a) there are reasonable grounds to suspect that the forensic procedure may produce evidence of value to the investigation of the suspected offence; or

    (b) the suspected offence is a serious offence and the procedure consists only of the taking of a sample from the person's body by buccal swab or finger-prick for the purpose of obtaining a DNA profile of the person.

    Mate, the coppers are trying one on. They would not get a Category 3 order and are trying to get you to volunteer. Tell the sarge to take a hike.

    On the other matters though, wish you luck.
    My advice see a good lawyer!
  16. *sniff* *sniff*

    I smell troll :roll:

    the gixxer forums must be slow again this week :roll:
  17. LEGAL ADVICE mate.. !!!.. and also.... tough shit for tryn to cover it up.. but yeah.. sorry you got into the mess.. not pretty.. especially on your L's
  18. Jeez loise,your scaring the crap :busting: out of the poor guy,he didnt murder a guy,get a good mouth piece,maybe Jason,s up for offers :LOL: dont stuff around,spend da bucks,if you cant afford it,ring legal aid TOMMOROW.They may be able to recommend someone.
    You will get probably get a hefty fine,loss of licence and a suspended sentence,and a good behaviour bond,providing you have no priors,get character witnesses,Sunday school teachers saying your a lovely lad,employers, :blah: ,anyone who will say what a lovable,responsible citizen you are,from what you said in your original post,there was pretty extenuating circumstances here,no jury in the lands going to hang you for purgery.I doubt your going to go down for it but I aint a lawyer,there are some on this forum Im sure.
    If I was a betting man,I would say that the only thing thats going to down is your bank balance,and your weight,from all the walking and public transport your going to be catching.Sounds to me that the cops trying,very successfully,to scare the living shit out of you. :inquisition:
  19. I sure hope so. I'd hate to think that this bloke is for real - mmm, let's see... on L's riding an unregistered bike and speeding. Get's pinged and then arranges a fraudulent stat dec.
  20. Don't look for legal advice on an Internet Forum would be a good starting place...

    And don't look for sympathy, either, by the looks; the cops read you two guys better then you read them, and now they're having some fun at your expense. It's cruel, but then, the world can be a cruel place

    {All this assuming that you're tellling US the truth......}