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PostPosted: Tue Sep 16, 2008 7:52 pm 
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the King of Bling
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Joined: Thu Jun 03, 2004 11:11 pm
Posts: 19858
Location: Baulkham Hills
awdmoke wrote:
Lillee wrote:
Hey guys, thanks for the kind words. It's been quite traumatic at times, but I am totally well and truly OVER IT now :lol: I almost feel like can get on with the rest of my life now and not have to worry about it.

Just worthy of note in case any of you still think racing off at the lights is fun: The first time you get caught for allegedly street racing, whether you did anything or not, they take your car away, park it in a inpound lot that is outside and under the weather for 3 months. You pay for this per day of course.

If you are found guilty and you do it a second time, they will confiscate your car for good, and recently they have been talking about car crushing. This means even when you are 50 and you buy a Porsche, if you do it again, bye bye.

Lastly earlier this year a bill was passed to change the street racing law. It is now broader than before and gives police even more powers. So I meant it when I said IT JUST ISN'T WORTH IT!


WA is going down the same path, I get my mini back tomorrow once I pay the $360 and get a release form signed. Then there is the summons I received yesterday, so now I will have to battle to keep my license.

I should have glassed someone in the face instead of speeding.
I would get a smaller fine & they would not be able to take my car or license.

<end rant>


:shock: So what did You Do :shock:

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 Post subject: Re: Lillee is innocent!
PostPosted: Tue Sep 16, 2008 8:14 pm 
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848cc
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Joined: Tue Jul 22, 2008 11:24 pm
Posts: 113
Location: Adelaide
Lillee wrote:
Over 1 year after the incident, it is finally all over and I can talk about it openly!

August last year, the night before the first Ausmini WSID night drags, I took Lillee out for a drive to drain her old petrol. She was in bad shape, backfiring and not in a very good state of tune. Was at the lights at Parramatta Rd and Silverwater road minding my own business. Lillee was still cold as it was a pretty chilly night, I was struggling not to stall her at the lights, kept my foot on the accelerator to keep her revs up, watching my temp and rev gauge.

Lights go green, I took off as I normally do, 1st, then second and finally straight into 4th at 60km/h or 2400rpm on the tacho. Drove along at 60 for quite some time and I notice that there is this car next to me side by side (which I later found out was a P plater Corolla). Thought nothing of it.

Nearly 2 kms later I see flashing lights behind me, at first I thought he was after someone else so I pull over slowly and he stops both me and the Corolla. I was genuinely shocked. Officer got out of the car and I said to him "What's the problem mate?" thinking I had a missing tail light or my car was too smokey or something. He says to me "you have been caught on camera street racing". I was "Pardon? you've got to be kidding, I wasn't even going over 60km/h" "You don't need to speed to race".

Next thing I knew they were towing Lillee away and impounding her for 3 months. I said "Mate you have got to be kidding, I didn't go over the speed limit and I didn't even know the other guy was there" He said "Mate we have to take the P platers car so we have to take yours". 3 Months impound cost me $1100.

I was looking at 12 months license suspension, $1500 fine and worste part: a record. Turns out police did not have any footage, or solid evidence of my speed other than "what they saw from Auburn McDonalds carpark". We fought the charge in full costing about $4000 and in an unfortunate turn of events (Unreasonable judge and crappy solicitor) I lost and got the full penalty. The P plater on the other hand was charged but got a $200 fine and 14 days off his license as it was not a big deal.

So I appealed with a proper solicitor this time. Over one year later and the Judge has found me innocent and dropped all charges. The key quote was "Mr procecutor, if we take the corolla out of the equation entirely, we would not be here would we?". He also said "Having owned a 850, Deluxe and Cooper S myself, I am quite familiar with this model and make of car" :lol:

Basically we were not jostling for position, not speeding excessively and he doubted that I was racing the other car and more like the other car was racing me according to police statements.

Since then I have reduced the amount of noise Lillee's exhaust makes by adding a hot dog before the muffler, which I feel was a contributor to the cops noticing me at all.

Morale of the story: It's just not worth it guys. The fickle law that governs street racing can be interpreted in many ways and it carries harsh penalties so just make sure you remember this before taking off too quick at the lights. Even though I had no intention or care for anyone else on the road, it can be seen as something inchriminating and these days police have the power to take your car away without asking any questions.

That 30 second event cost me 1 year of heartache and stress and nearly $7000 in legal fees... As innocent as the event was, I paid dearly either way!


happens again get the police officers number and ask to be presented with the proof or the evidence

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 Post subject:
PostPosted: Thu Sep 18, 2008 8:40 am 
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ausmini mod
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Joined: Tue Jun 06, 2006 8:47 am
Posts: 1938
Location: Kellyville, NSW
Ive done that twice now, my mate is a cop and the same thing happened both times.
They will give you their badge number and tell you evidence will be presented in court... after that, trust me, every cop car that scans your number plate will pull you over for a 'chat'

The police cars run scanners now (have done so for a while actually) - they just pull in behind you, the scanner checks your plate and up pop your details on the screen...

Pete

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 Post subject:
PostPosted: Thu Sep 18, 2008 1:13 pm 
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1098cc
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Joined: Tue Mar 16, 2004 10:39 pm
Posts: 1629
Location: Sydney, E. Burbs
Spaceboy wrote:
the legal system doesnt work,
even if you win you still lose.


It does mostly - but for the faschist NSW government which enacts reactive, unfair legislation like the fines act and this street racing stuff which leave the presumption of innocence by the way side (I guess its a cliche that a government that can rush legislation through giving the executive and the police sweeping powers in record time, cant make my train get me to work on time - but its a valid question that we as voters can't ask because the other side is also so hopeless) .

You should have dumped the lawyer and represented yourself - most lawyers we can afford are not worth the effort, there's a lot of help for the self represented person in the legal system.


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 Post subject:
PostPosted: Thu Sep 18, 2008 1:16 pm 
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1098cc
1098cc
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Joined: Tue Mar 16, 2004 10:39 pm
Posts: 1629
Location: Sydney, E. Burbs
Happy that you got your car and apologizing in advance for my question and without any harm intended....etc etc. ... but I remember your post on the matter a year ago and seem to recall the portrayal of events was slightly different (not that that matters really).


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