Court Case Verdict

Discussion in 'Australian Motorcycles' started by Uncle Bully, Feb 19, 2007.

  1. Uncle Bully

    Uncle Bully Guest

    Some of you may remember me getting stung for parking in a disabled spot
    about 6 months ago.
    Well today was Court Day so I thought I'd tell you what happened so my
    journey wasn't in vein.
    I have to say the court process could be vastly improved. There's no front
    desk or instructions so when you turn up as instructed, everyone is
    wandering around like clueless idiots wondering what to do. Apparently
    having a lawyer solves this problem but when you are contesting
    something worth only a few hundred dollars, then a few thousand in legal
    fees doesn't make economical sense.
    You get three choices:
    1. Ask for the case to be postponed
    2. Plead not-guilty in which case a hearing date is set and you have to come
    back another day.
    3. Plead guilty and offer an excuse. The Magistrate then has the discretion
    on the penalty.
    In my case I went for option 3. My excuse was the ambiguous nature of the
    sign posting, and after showing the magistrat some photos she agreed and let
    me off.
    The process took about 3 hours in total, 30 seconds of which was my case,
    the rest was watching the full spectrum of humanity weasel their way out of
    fines. I got to see all sorts of other cases and as with the last time I was
    in court, parking tickets are generally let off (with a decent excuse), and
    speeding tickets weren't.
    The conclusion is that a $60 parking ticket probably isn't worth the effort
    to contest, especially with a $67 court cost hanging over your head. But in
    my case my ticket was $380 and I (rightfully) thought I had a good case.
    Some poor schmuck was up on two charges, using a mobile while driving, and
    not displaying P plates. After not really offering any excuse the Magistrate
    read out his previous four charges of not displaying a P Plate spanning
    about 5 years, and handed out two lots court costs. I could see the humour
    in that decision :)
     
    Uncle Bully, Feb 19, 2007
    #1
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  2. Uncle Bully

    Theo Bekkers Guest

    He was on P plates for five years? Can you do that?

    Theo
    Got my open bike licence on a 125cc Vespa scooter, whilst not wearing a
    helmet, before P plates were invented.
     
    Theo Bekkers, Feb 19, 2007
    #2
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  3. Uncle Bully

    Marty H Guest

    I'll fucking say it needs improving

    let off for parking in a Disable spot...

    you should have had both legs broken and told to walk home

    mh
     
    Marty H, Feb 19, 2007
    #3
  4. Uncle Bully

    ck Guest

    nah Marty, he's justifying his lame usenet nickname

    ck
     
    ck, Feb 20, 2007
    #4
  5. Uncle Bully

    Mad-Biker Guest

    Welcome to the Ye Old circus,

    You should see district court :) its even funnier coz they speak ye old
    English!
     
    Mad-Biker, Feb 20, 2007
    #5
  6. Uncle Bully

    Nev.. Guest

    Yeah, I think nowadays every time you lose your license while on
    probation they add a bonus 6 months of probation onto the remainder when
    you get it back, plus any other penalties. A stupid system really.
    These people should just be told to find another way of getting from A
    to B. It's as stupid as employing a person, putting them on 6 months
    probation to assess their suitability to the position, and then when you
    discovered that they were totally unsuitable for the job, you just keep
    re-employing them on more and more probation, rather than just telling
    them to find a more suitable job.

    Nev..
    '04 CBR1100XX
     
    Nev.., Feb 20, 2007
    #6
  7. Uncle Bully

    Mad-Biker Guest

    when ya keep loosing them you can!


     
    Mad-Biker, Feb 20, 2007
    #7
  8. Uncle Bully

    alxr Guest

    What was your lame excuse for parking in a disabled spot. ...oh ...i just
    made a joke! >>hobbles off cackling
     
    alxr, Feb 20, 2007
    #8
  9. Uncle Bully

    will s Guest

    Can I use the baseball bat ?
     
    will s, Feb 20, 2007
    #9
  10. Uncle Bully

    Knobdoodle Guest

    Damn; I was really hoping you'd use your "Disabled people don't ride
    motorbikes anyway" argument!
     
    Knobdoodle, Feb 20, 2007
    #10
  11. Uncle Bully

    Uncle Bully Guest

    Well actually,

    One of my photos was of the bollards and I suggested that nothing other than
    a motorcycle could fit into the space, hence my interpretation of the sign
    saying that motorcycles can share the space. The magistrate replied along
    the lines of 'disabled people wouldn't being riding motorcyles so its a fair
    point'.
     
    Uncle Bully, Feb 20, 2007
    #11
  12. Uncle Bully

    Uncle Bully Guest

    Thanks. I'd thoroughly recommend a day in court for anyone who questions how
    the legal system works.
    There's too many talk back radio heroes who feel that they are in a better
    position to judge circumstances based on media reports or second hand
    information, rather than from the facts presented in the courtroom.
     
    Uncle Bully, Feb 20, 2007
    #12
  13. Uncle Bully

    Uncle Bully Guest

    Because you are pleading guilty, the decision is purely around the sentence.
    From what I saw, the magistrate is using your previous record to see if you
    are just a normal person who made a genuine mistake or more likely someone
    who tends to push the law and so shouldn't be given any leniency.
    Some cases had 30 years of good driving so were generally let off, others
    like the P plater had 1/2 a dozen priors in 5 years and was still on his
    P's.
    The seriousness of the offence is also weighed up, as letting someone off a
    parking ticket is easier than letting them off a drunk driving offence for
    example.
     
    Uncle Bully, Feb 20, 2007
    #13
  14. Uncle Bully

    Boxer Guest

    I agree I have contested a number of speeding fines, wasting a day watching
    drug addicts, rapists, child molesters, break and enter artists, car thieves
    etc being processed is very educational. In many cases I was receiving a
    larger fine for 15kph over the limit than someone who had broken into a
    house and stolen thousands of dollars worth of personal possessions. Bring
    back the rack and cat-o-nine tails I say.

    Boxer
     
    Boxer, Feb 20, 2007
    #14
  15. In aus.motorcycles on Wed, 21 Feb 2007 08:03:35 +1100
    I can see that magistrate needs educating on the criteria for getting
    a disabled permit.

    http://www.rta.nsw.gov.au/publicationsstatisticsforms/downloads/45061469.pdf

    has the go. It's locked, can't copy the text, but the big point is
    "Physical condition is detrimentally affected as a result of walking
    100 metres"

    That they were unaware of the requirements is a shame. I hope that
    someone materially affected by those who park in disabled spots writes
    to the magistrates association pointing this out.

    Zebee
     
    Zebee Johnstone, Feb 20, 2007
    #15
  16. Uncle Bully

    Knobdoodle Guest

    [sigh]
    What chance have we got......
     
    Knobdoodle, Feb 21, 2007
    #16
  17. Uncle Bully

    Uncle Bully Guest

    But can easily throw 200kg of machinery around the streets of NSW.

    Perhaps no-one is affected?
    I mean, it sounds nice to be touchy feely for minorities, but my experience
    is that most of the time the minorities are less affected than the PC
    brigade who yearn to fight on their behalf.
     
    Uncle Bully, Feb 22, 2007
    #17
  18. Uncle Bully

    Knobdoodle Guest

    Yes of course.
    If riding a bike was strenuous there wouldn't be fat bikies would there?
    Perhaps that's true; however if just one person was affected then you
    haven't got a leg to stand on have you?
    Can you prove that no-one was affected?
     
    Knobdoodle, Feb 22, 2007
    #18
  19. In aus.motorcycles on Fri, 23 Feb 2007 00:29:33 +1100
    I found riding the Mighty Scooter much easier than riding the Guzzi
    when I damaged my ankle the other week. And I definitely wish I had
    it when I cracked the kneecap.

    It is much lighter, the ankle doesn't have to bend or the foot do any
    work, and the small wide tyres, low height, low weight mean that I can
    come to a stop and stay upright without having to put a foot to the
    ground for much longer.

    I think a one legged person would have to plan and practice lots, but
    I think they'd find a scooter much easier to ride.

    Someone with emphysema is the obvious target for disabled riding. A
    light scooter to get around town on would be cheap and easy for them.

    Zebee
     
    Zebee Johnstone, Feb 22, 2007
    #19
  20. In aus.motorcycles on Thu, 22 Feb 2007 21:57:33 +1100
    Why does it need to be 200kg (hint, what does my scooter weigh) and
    why 'throw' (hint, watch elderly riders of 125cc scooters)?

    Every met someone with emphysema? The bod I know who has it can ride
    a motorcycle to the shops as easy as drive a car.

    Zebee
     
    Zebee Johnstone, Feb 22, 2007
    #20
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