yeah im pretty sure i'll get it back Geoff....i work shifts (just got home now 12:00) and i have a few other reasons too....its just that all of this is such an uneeded waste of time....and its kinda stressful every time you see a cop and think "here we go again" sorta thing

like i said before if some common sense was shown by the police at the time then i wouldnt be in this situation.....i could even go back further than that and say if mike rann and his pals (who dont even drive themselves most of the time) didn't pass such an OTT law then i would have quietly paid the fine and everyone would have been happy and forgotten all about it

aaarrrggghhhh!!

hey all i just thought id fill you in on what happened with my licence

i went into the court, told them what happened and the magistrate basically said "while i dont think you deserve to lose your licence over something so trivial, the only power i have within the law is to extend your P's by 6 months"..........she went on to say that i have no right to appeal any further fines/dispualifications etc, within the next 12 months, but she would happily uphold my appeal

this got me thinking and led me to a couple of questions:
1. Why on earth can you lodge an appeal and have it upheld by a judge only to have the disqualification/conviction (whatever) only partially erased. Surely it is the job of the magistrate to decide (based upon the evidence) whether that person is fit to hold a drivers a licence or not. I cannot even begin to understand how this law came about....surely if your appeal is upheld then you regain the privledges you had prior to the 'incident"???

2. Secondly I find it absolutely amazing that I now have no right to appeal any further cases that the relevant authority may bring against me within the next 12 months. Given the course that licence prosecutions take in SA i now essentially have no voice regarding these issues. If i were to recieve an incorrect speeding fine i would not be eligible to appeal... if i recieve any other fines/disqualifications within 12 months i have no right to appeal them either, regardless of how frivolous the matter is. Why do i lose my "RIGHT to appeal" (these were the magistrates words) any future prosecutions because this appeal was upheld??

I know that this probably wont have any bearing on me as i will drive sensibly and will not draw any attention to myself (as i have always done), however what if some cop decides to show an absolute lack of common sense and penalise me for something like my P plate falling down (or something similar)?? then i will automatically lose my licence for 12 months and have to be on my P's for another 2 years after that.....sorry guys im just rambling again. I tink i'll start writing a few letters

later
-jimmy

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write away mate
thanks for yelling out your problems
im sure a couple of people around here will definitely concentrate on their driving to avoid such troubles

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Inconspicuously Conspicuous
Appreciation without Depreciation
forever chasing clearer skies...

jimmy i can understand what you are saying
onthursday morning i was involved in a mojor accident i was in the truck car in my blind spot i cliped the rear of the car spun it sideways bounced of the front of the truck spun to the right handside hit the tank on the prime mover then under the wheels of the trailer ..........
i thought i killed the guy i stopped jumped out ran back he was fine thank god ...........
anyway that night i get a call from the police i was expecting the worse all i got was a fine for 130 dollars and 2 points also instead of neg driveing i get fail to give way when changing lanes.......
so it is so rediculouse to loose your licence for your p plate falling off
that is the problem with the law these days falls a part for one and protects other people
makka

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Anonymous moderation means the agro that is built up towards the mods isn't aimed at an individual (fewer "Makk" attacks). Less stress for mods means less moderator "retirements".

well the laws over here in Perth just got tougher. They have new "anti-hoon" laws come into effect today. Generally I don't mind the occasional traffic-lights grand prix, but not any more i think... now if you get caught doing a burnout or racing, they can impound your car for 48hrs, 2nd offence 3 months and loss of licence, 3rd offence car confiscated permanently . any of you in other states have the same sort of laws?

yep heard it from a cop across the road of a friend here in sydno

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Inconspicuously Conspicuous
Appreciation without Depreciation
forever chasing clearer skies...

i've got nothing against laws targetting people that are actually doing something dangerous (not that i think a quick squirt off the traffic lights is dangerous) its just all the rubbish surrounding trivial little things like a P plate falling down or something like doing 3km over the limit in a 60 zone and then the legal poo that surrounds appeals and prosecution....there's a serious lack of common sense and when it comes down to it.....isnt that what society generally relies on to make everyone;s lives pleasant??? i believe the answer is yes, so why cant the authorities show a little?

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Queenlsand has had the "Anti-hoon" Laws in effect for about the last year or two, same thing. First offence 48 hours, Second Offence 3 Months, And third offence will have your car confiscated, not to mention the court appearance you will receive for the third time in front of a magistrate.

Fair enough if you dumb enough to do it, then ya cop the penalty, BUT the law here states it is up to the officer's discretion as to what he believes Street Racing is. and that is a load of BS.

The other thing is, that if your car is confiscated permanently, you are never allowed to own that vehicle again, either, after they auction it.

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"He's always been a dickhead, He always is a dickhead, He will always be a dickhead. So stop complaining when he acts like one."

lot of pollie back slapping about the anti-hoon issue here in SA at the moment, so we will most likely follow with legislation shortly

go and see your local member and opposition member, sorry about what has happened.

i know there is a law somewhere, that lets you get off your first non offence free, as long as it isn't to serious.

all you have too prove is that your have never been in trouble before, and that it is out or character for you to break the law.

possibly try and get in contact with the police station in which fined you and ask what they think.

one more thing, there is a goverment section called ombudsman that is set up to stand up for you and do a investigation into government services like the police when they treat people wrong. I'd try that first and see what they have to say!

good luck, let us know how you go.

thanks for the support dude....the problem isnt so much the way i've been treated by the police....it's the law in the first place and the fact that the cops at the time decided to follow every tiny little letter of it. The problem is that the in the eyes of the law, the cops did their job very well and so going to the ombudsman would be pretty futile i reckon.

The REAL problem starts with the law and the fact that i had my licence disqualified for an offence that didnt put anyone in any danger. The problem then grew due to the fact that i was messed around by the court (someone wrote down the wrong date.....mistakes happen......pity they dont get punished for it ), then when i go back i get my licence but i now have no right to appeal any further prosecution within the next 12 months....etc etc

its the law and not the people who enforce it (although the police would do well to enforce it more sensibly) like i said in an earlier post i've started writting some letters but im really not sure if its worth the effort. I'm afraid i'll be passed off as an 18 yr old hoon......i'll keep ya'll informed

-Jimmy

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