Need Help With Details - Advice Needed - of apparent defect notice :S  

Just pay it

3rd June 2011 - 07:45 PM  Reply  Quote

fark dont cop that shit...take it to court and they should have recorded the whole convo with u anyways so just take it to court,u should have a good chance...its fukhead coppers like that that deserve to be shot in the head with a shotgun

3rd June 2011 - 07:49 PM  Reply  Quote

hahaha yeh bro they made me pop my hood to my na nx and were looking for turbo and bov and shit lol had about 6 copperes there too lol
just contest the charge bro...u should be right man....im pretty sure they record every convo they have on the side of the road especially wen defecting us and take fotos of ur defects incase u do contest it and shit......just emagine how many other ppl this fukheads done it too and gotten away with.....

3rd June 2011 - 08:00 PM  Reply  Quote

If the situation is how you described it, I'd look at taking it to someone with legal knowledge. Something doesn't quite sit right.

3rd June 2011 - 08:48 PM  Reply  Quote

The 'dark orange speeding ticket form' you speak of is not only for speeding fines, it is in fact used for all traffic infringements, hence why it is know as a traffic infringement notice. Everyone who receives a fine for a defective vehicle receives this notice.

There is also no legal requirement for the issuing police officer to record the demerit points on the ticket, the infringement code is simply typed into the system and the appropriate number of demerit points will be applied. I'm sorry to say that you have absolutely no basis on which to challenge the infringement unless you believe your vehicle to be below the applicable noise limit.

3rd June 2011 - 09:07 PM  Reply  Quote

i got one similar had at the top a box ticked had next to defect or some shit like that.

in the comments box it stated driving vehicle with equipment not to standard or some shit like that. $100 + 1 point not sure if it got demerited though because i've been into qt since to get my DA renewed and asked about the infringment it was on the system but the clerk couldn't tell if i had lost/acumilated any points.

i got done on brisbanes northside for blue led's in my headlights. (yes i know illegal) hadn't had a trouble in the 12 months i'd been driving around the coast with em on even had officers pull me over for rbt's during this time with no mention of them. and even though i could correct the defect on the spot and was nothing but polite to the officers inquestion if they're going to hit ya with a ticket they'll hit you with a ticket.

4th June 2011 - 01:37 AM  Reply  Quote

'Mr 200k' Would there be a way to possibly just write a letter into an address on the letter contesting it in the fact under something like the following:

"To whom it may concern,

On XXXX Date I was pulled over and the following event happened:
*insert event as described above*

I asked the police officer if he was going to test my car with a calibrated noise reading/decibel meter, upon which the officer replied that he could tell just by listening that my car was over the legal required 90dB noise limit. I am not sure as to how a police officer has had his ears calibrated exactly to notice 90dB, let alone possibly over this limit. How is there visible proof of this calibration. Is it recorded in a test that *insert officers name* is calibrated accordingly, taking into consideration other traffic/surrounding noise to be able to measure accurately an exact dB reading in compliance with legislation.

If this officer has not been calibrated recently, why was there not a device produced which is manufactured specifically to test noise meters as I actually requested with the officer, to test my vehicles noise, which I know is well under the 90dB. This is now potentially costing me financially, and with a demerit point on my licence. Which I do not appreciate having my time wasted for no good reason, based on an obvious 'hunch' and uncalbrated hearing capacity of an officer in your employ.

I hope to have this fine dismissed as it is completely rediculous to expect me to have to comply with a fine based off an opinion of an officer, and not proof.

Regards


Insert name"




Or something to that effect.

4th June 2011 - 02:31 AM  Reply  Quote

go sharpy go sharpy

4th June 2011 - 02:35 AM  Reply  Quote

lol dude just pay it its $100 bucks if you go to court even the magistrate will be laughing you out of court. Unless you want to hire a lawyer at $1000 a day

4th June 2011 - 02:47 AM  Reply  Quote

i've had a similar thing happen to me before however the the police officer having the modifiers nazi moment didnt realise i had forgotton to drop of a few gizmos for measuring dust and noise when i was working in a quarry. i told him my exhaust was fine and told him i could prove it. he got a bit pissed when i took out the little noise measuring gizmo and it hit 76DB at its loudest.

he let me go and i shouted the safety guy from the mines dept a beer for it.

but really unless u have the same kind of gear easily accessable its pointless fighting it because they can just say you fixed it and got it tested.

6th June 2011 - 04:46 AM  Reply  Quote

See this is just fucked up. It's bleedingly obvious that the police officer in this instance had no intention of "enforcing the law" by making you have the car tested and asking that you rectify it. He pinned you with a very light penalty with no requirement to fix the issue, thus leaving you well open to the same fine in the future. Since he doesn't have to test the car, you could be up for the same thing again even if you have a baffle fitted or something.

I'm willing to wager that there's a mentality that floats around traffic cops that "It's too expensive to fight it in court, so they'll just pay it".

Oh, and also whilst I think of it, saying that the copper deserves a shotgun to the head (obvious stab at recent events) is a cunt of a comment. Nice work on the class there asswipe.

6th June 2011 - 05:23 AM  Reply  Quote

$100 bucks man, personally i'd fight it. How many hours does it take you to make that 100, the 1 point less for a year Basically can you afford it, if its under the recommended Db rating at the Transport department, why not fight it. Hows your Traffic History...$100 for me is nearly 2 cases of premix,given my circumstances it'd be worth the time...

6th June 2011 - 09:48 AM  Reply  Quote

Mate - I would contest this fine,

The cops do not expect you to take this further, I have been to court numerous times and won. It takes about 6mths to complete each court case, but the satisfaction that you have won is awesum.

Walking out past the noob that fined you - smiling. All they can do is stand there with there lawyer and feel small.

The question you have asked is correct, take all actions to prove the officer is wrong. Take your car to the pits and get it tested for a DB reading.

Attach this DB reading and Photo's of your car in the pits, address the letter to the superier officer in their station and wait.

The officer that has issueed the ticket has the right to withdraw the ticket. If you can prove you are right, most likely the officer will remove the infridgment. If the officer is still thinks he is correct - you will need to go to court.

Food for thought - I was defected for 5 separate parts on my car at the same time, After doing the above the officer still was convinced he was right. Even the his superier questioned his knowledge. I went to court, when I turned up and heard what I was defected for 2 out of the 5 - I asked the judge what happen to the other 3 defects the officer charged me for, the judge said the officer has choosen to withdraw those items.

By the way - I won

If you believe you are right - GO ALL THE WAY

6th June 2011 - 02:26 PM  Reply  Quote

OK,

From the front line point of view... Personally, I never think I'll write the ticket becuase they are too dumb, or it will be too expensive to contest, this is fraught with danger, becuase when we have a failed prosecution, there is a please explain, if you get too many failed prosecutions you get "profiled", same as when you get a heap ofcomplaints about the same type of thing i.e. mannerisms towards public etc, you get "profiled". Bosses start looking at your behaviour and your standards of work.

I approach all infringements with the thought, "If they were to contest thids in court no matter what the size of the penalty or the "pettiness" of the offence i.e. $13 fine for fail to change address, what evidence do I need."

I have posted about how we test Db readings of vehicles in a recent topic,

https://www.boostcruising.com/forums/index....36330&st=25

I am going to cop flack for saying this, but I will put it out there... Please when asking for help put every single minute detail of the intercept in your thread, this allows for you to obtain correct and useful information, if you leave something out to make you look like a victim then you are doing yourself a injustice, and going to get incorrect information, you've asked for help, be bloody honest.

Ok, the reason I say this and please OP don't take this personally, i know i don't know everyone in the service, but I'm sure that in this day and age of responsibility and accountability in my job, to just say to someone that your exhaust is too loud here's a ticket, just doesn't add up.

If i were to stop you sand your car sounded loud, here's how i'd do it... Mate rev your engine to about 3500rpm for me. I'd stand at the back and if it were loud enough at that level, you'd recevie a DVRN to have your vehicle inspected and passed by QT. Or if i had the time which unfortuantely i don't have a lot of these days at work, i'd ask you to bring your vehicle to the station for a formal test. In the interim, you may shit your pants and go have some muffling devices put on it, you have rectified your vehicle to comply and then you have it tested and passed, excellent. However and this is where i don't apologise fr underhanded tactics, I'd pass it and then put a "flag" (It gives other officers information about you and your vehicle) that your vehicle passed, if you decied after testing to remove said muffling devices and return vehicle back to the old ways and you are intercepted andtested on the spot you are liable for the "Illegla modification" aspect of traffic and eiligible for impound.

Now back to your situation, if this story is true, then i think you should take it to court becuase I'm sick to death pf hearing about crap tactics, and sloppy police work being conducted by my bretheren, i take my job seriusly and am proud of my 100% prosecution rate, I issue about 1500 TIN's a year and have been to court probably on about 10 of those tickets, it is a testament to my evidence gathering and my approach to my investigations, and before you say its becuase they couldn't be bothered, of these 10, they actually went to court, I'd probably have about 100 that wanted a full brief or some form of justice via a letter that when presented with evidence, go no further, obvious whingers.

I tape and sometimes video all my intercepts, all conversation is held on file servers available to the bosses, if you contest iot you are allowed a copy of this conversation and a copf of all evidence that will be forwarded by prosecutions, it allows you to build a defence.

Put it this way, if he waled up and said your car is too loud here's a ticket as it appears he did in your case with no testing, no questions on your exhaust configuration, how long you have had the car for, did you modify the exhaust, where di you get it done, where is your certificate of compliance under the EPA from the exhaust company (These are questions I ask), if he just said "Yeah its too loud, give me your licence" and no further questions took place.... Fight it, he needs a lesson in my books.

If you want to PM me with some further questions, I'll help, however i won't give you ammunition to fire at them to get you off, and give away secrets, I'm still on the officers side, he just needs a peg or two knocked off him. Even i think this is wrong.

No often that happens.


Oh and C';mon, all love lost between Slo14 and the police still doesn't warrant idiotic comments like the one about Damien LEEDING, personal views aside keep it civil, its not deserved. You were hard done by with the police and yet you did not fight it or stand for what you beleived in about your innocence?? Not our fault, only yours.

6th June 2011 - 03:00 PM  Reply  Quote

the reason i ask for 3500rpm's is becuase this is usually the avergae rpm to run an engine at for a proper sound level test, and becuase usually cars sound loud at idle and down low, but when they get to this rev range, all the silencers kick in and the sound peters out, so i can guage then whether they will pass or not if the sound drops at this range.

6th June 2011 - 03:44 PM  Reply  Quote