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The law IS an ass

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by hornet, Aug 6, 2006.

  1. Around 4:00am this morning our local idiot hoon lost control of his Holden ute entering our (culdesac) street, and smahed it at speed into a tree. The car is totalled, he was so drunk he could barely speak or walk, but as soon as the Ambulance had checked him and seen that he was not injured, they had him sign a form and he took off to his house, just three doors up from my place.

    50 minutes later the Police arrived, but because he was then on his own property, they had no power to arrest him and conduct a RBT r a blood text or both.



    Now if I and my lady neighbour want to have him cop anything more than negligent driving and leaving the scene of an accident, we have to be prepared to go to court and testify to the fact that he was drunk when he crashed.

    I might add that this moron regularly rides both unregistered 400cc moto-cross bikes and illegal mini-bikes up and down the street as well as his usual burn-outs in the ute; heh heh, he won't be doing them any more.....
     
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  2. lol

    Well... quite frankly, I'd do testify and I hope you do.

    Less idiots on the road the better and this guy definately sounds like an idiot.

    also, if he was driving while intoxicated, I believe that insurance won't cover the repairs to his ute....

    I'd also testify because next time(and there will be a next time if you don't), he may well hurt or kill someone.
     
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  3. H6, if this guy really is such an idiot, then a trip to court would be worth it?

    On the subject of idiots and trees, my morning walk the other day took me past an old Nissan, P plates and all with a bonnet that was now the shape of a V. It looked really really bad. I thought it belonged to someone who had an accident and had been returned to the owners as I couldn't see any other damage around. When I came back an hour later, it was being removed by a tow truck and then I could see. This car had come round a small roundabout and lost control (judging by the tyre marks, a few of them must have been playing) and hit what can only be described as a small tree. The tree has some small scuff marks on it, the car was totalled. Tree 1 Hoon 0

    Karma....
     
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  4. Now's your chance Paul - I'm fed up with our local heroes who moved into new housing that sprung up recently (coz, hey, you can't have open space anymore, you have to take all land there is) and am waiting for just such an occurrence, which won't be too long. Many of ours ride bikes as well.
     
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  5. yup it's a bit dodgy (IMO) in NSW about breath tests.

    Test must take place within two hours of the incident, and you can't be forced to submit to a breath test if you are in your "usual place of abode"...

    thankfully up here in QLD the police can test you if you're in your house, so there's no chance of hiding up here!!!!
     
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  6. Make a complaint to the regional commander about the police officers .. the ambulance officers will have noted on their incident report that the guy stank of achohol and was obviously drunk. The attending officers are supposed to take that report, charge the guy appropriately and then have the ambulance officers attend court and give evidence to that fact.
     
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  7. Good advice Jason, on board.

    My neighbour has two small kids and she's afraid if she testifies these dopes will victimise her because they know where she lives (he's only two doors up in our (dead-end) street. But if I have to go to court to clip his wings, I'll do it, no problems.
     
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  8. If there is genuinely that much fear of these people then I'd go to court for the good of the street.

    Is she a single mother?

    Criminal witness matters for driving offences are one thing, threatening my kids [if I had any] would be a whole different kettle of pain.
     
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  9. Tha lady has a husband and he's a big strong boy, so she's not defenceless, but, as she said "We have to live in this street", and I can understand her concerns.

    At church tonight, incidentally, I had my fears confirmed by one of our people who is an ambulance officer of 25 years's standing; the Police cannot do anything, and the word of the Ambulance officers is of no more value than mine if they did not perform a proper blood/urine test......

    The law, at least in NSW, IS an ass......
     
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  10. Yeah in Vic they can test you on your property, I suppose you get what you vote for :LOL:

    Cheers :cool:
     
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  11. What you want is a change in this dork's behaviour, I believe, rather than punishment. How can you bring that about? What about approaching the guy directly and letting him know of your concerns for your welfare and that of those around you? This does rather presume that he gives a tinkers flick about your opinion, but at some time in our lives most of us make the change from hoon to human probably most often coming about as a result of a life changing event. This could be it for him and this could be your chance to step in and .... softly, softly let him know that yes shit happens to everyone but could you please .........
     
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  12. This is universally true for anyone who isn't a cop, regardless of who they are. I have been an officer in the military for 17 years, get checked out for security clearances regularly and am given responsibility for the lives of men, women and very expensive machines. Yet the trust that that entails still does not warrant any legal standing when it comes to such incidents. Sure, the system may be more likely to take my word for something but legally, it doesn't make any difference.
     
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  13. Yep I can confirm that is the case, now now it was 22 years ago and I was an idiot!
     
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  14. Sounds to me Paul like your local Police took the easy way out with this one. It's true that they can't perform a breath test at his house but that doesn't mean it stops there. They should've proceeded with the old Driving Under The Influence. This is different from your standard PCA in that it is based on a Police Officer's observations rather than a reading from a machine. The Police should've noted his slurred speech, ruddy complexion, bloodshot eyes, dilated pupils, slow deliberate movements, alcohol on breath etc etc and questioned him as to his consumption of alcohol prior to, and after, the collision. Based on those observations they should've charged him with DUI - no breath test needed. It's a little more complicated, but if the cops do it right then you can quite easily get up on it at Court. In the pre breath testing days it was the only way.
    And the ambos statements would be worth their weight in gold. They have medical training and come across intoxicated people regularly. They are more than qualified enough to make an assessment of a person's sobriety and their evidence would probably be looked upon more favourably by a Magistrate as they tend to be seen as fairly impartial and without an axe to grind. Sometimes Police don't get viewed that way...
    Sounds like the cops decided "He's only hit a tree and he's made it home. The financial penalty is probably enough. Let's get back to the station for a cuppa."
     
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  15. Problem is, mate, that he stayed around to get checked out by the ambulance and had regained enough of his faculties that he buzzed off to his house BEFORE the police arrived. Once he was on his own property there was nothing they could do......
     
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  16. The only restriction with him being in his own house is that he can't be breath tested. The Police can still proceed by way of DUI. Trust me - them telling you there is nothing they can do is a cop out (excuse the pun).
     
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  17. If they turned up to the guys house 2hrs after the event he simply has to say.. "I wasn't drunk at the time but that crash shook me up a bit so I had a few beers to settle my nerves." End of case they can't prove conclusively if he was drunk before or after the event, so that's why they wouldn't even bother.

    :)
     
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  18. It's actually an offence to alter your blood alcohol content after an accident and prior to reporting it. :)
     
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