LAWTALK: BY-THE-WAY OF LEGAL INTEREST
FALSE PRETENSES
Peter is a family man with kids, a wife, a degree and a high paying, high pressure responsible job. He is also a motorcyclist who used to enjoy a ride up the Old Road (Old Pacific Highway Sydney) on a
Sunday morning for brekky on his GSX-R just to clean out the cobwebs and recharge the batteries.
It was warm, dry, sunny and deserted day early on a Sunday morning.
He saw in the twisty bits a newish Holden travelling the other way but it was just for a second or so before a bend meant it was out of his sight.
Of course a minute later the same car arrives from behind but Peter had made sure long before it arrived that he was riding exactly at the speed limit.
After a time like a half a minute the lights went on and the car turned out to be an unmarked Highway Patrol car.
He was given a 30 over ticket without any real explanation and when he wrote to State Debt Recovery Office querying the ticket he was told in writing that the Police had followed him for about two seconds and estimated his speed and that was standard procedure…. and bad luck the ticket would stand.
Now Peter knew that there was no way he was speeding with the car behind him so he challenged it in court.
We arrived at Court and saw the Officer in Charge (the driver of the Police car) and he said no the two second estimate was made by him when driving in the opposite direction and his estimate was confirmed by the radar but only for two seconds (three seconds is required) so that was why it was an “estimated speed” ticket, not a Radar or Lidar ticket.
He also had an In-Car-Video, which showed Peter and the Radar speed of over 30.
He was staggered by the letter and the detailed (but wrong) information from the SDRO and he did not know of any way they would have access to any Police information.
Peter had no defence to this allegation and pleaded guilty and lost his licence for the mandatory three months.
In my submissions I submitted that it was wrong for a conviction after Peter was given the wrong information (to which he had a defence) as he would not have come to court to fight the correct detail but the Magistrate was unmoved.
The Gixer is gone and Peter rides a Suzuki 500 commuter (or will again when he gets his licence back) because he does not want all that grief….
MISCELLANEOUS RAMBLINGS
DICKHEADS THAT RIDE!
Some of us motorcyclists really give ourselves a bad time and a bad name. Only today I was riding my Vespa on Alison Road Coogee returning from the District Court City when I approached a red light on the corner of Carrington Road.
I had my right blinker on and in front of me at the lights was just one vehicle, a van also turning right.
While waiting, a sportsbike arrives passing both of us in the left lane and then suddenly darting right to park itself in front of the van, right blinker on.
He would have been almost wholly on Carrington Road, a danger to himself. When the light changed he shot off.
If I as a tolerant motorcyclist thought he was a dickhead, I wonder what the van driver thought?
There is justification to lane filter if there were 20 cars there but to aggravate the public to gain one car length was grossly stupid… and dangerous!
MISSING COMMON SENSE & AGGRAVATING THE PUBLIC.
I get frustrated when car drivers park badly like two metres from a parking sign leaving no space for cars at least and wasting parking space apparently oblivious to anyone else.
Bike riders should note the etiquette for parking as well as shown by attached photos. When we can park up to six bikes to one car space, why do I often see selfish or no common sense behaviour, which would upset a car driver who would have space to park but can’t because of methodology.
Saying I was here first just does not wash….
Let’s live the dream and meet on the winding road or single track… and you can always contact me on mark@lawstop.com.au – 0405 064 087
Mark Stenberg
Solicitor
SYDNEY
“DISCLAIMER. Sue me???? … Don’t be a Wanker …. OR IN OTHER WORDS …. The above article is topical entertainment rather than legal advice as your circumstances and rules that apply to you are likely to be different. For abundant caution seek individual legal advice for your actual situation.”
