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Open in new windowArchive through August 19, 2005Andrew Ferres15 
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Avin Luther
Tinkerer
Soarer V8 uzz31

Posts: 8
Reg: 07-2005

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Friday, August 19, 2005 - 10:55 pm, by:  Avin Luther Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

continuing to drive while you knew that you were sleepy is a positive act and can be considered reckless, as you had a foresight that you may fall asleep and cause injury or death.
Mustafa Akgul
TryHard
JZZ30-GTTL V8 killer

Posts: 186
Reg: 07-2005

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Saturday, August 20, 2005 - 07:46 am, by:  Mustafa Akgul Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

Get this..

a family member of mine recently lost his licence for speeding 35k over.automatic 3 month suspension.that was ordered by a court as he went to court over the matter.so anyway couple of days later he gets a letter from the RTA saying he was eligible for his licence etc..

so he sent email to the rta and theye sent him email back saying there was no restriction on his licence etc.so he goes down two weeks after his court apearance and is issued with a drivers licence.even though he told the person behind the counter that he was suppose to be disqualified by a court.person said there is nothing on the computer.

to cut a long story short during a roadside rbt he is informed that he is coming up as disqualified on the system and is charged with drive whilst disqualified.so he has been to court.
i will tell you what happened but what do you guys think mite have happened ???

i mean does he have a leg or legs to stand on?

:-)
Benny Gammelmark
TryHard
V8 UZZ31

Posts: 271
Reg: 07-2005

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Saturday, August 20, 2005 - 11:58 am, by:  Benny Gammelmark Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

I think he got done and paid a small fine. He's not supposed to drive if he has been disqualified, no matter what someone says.

I DO understand why he DID drive though.
Mustafa Akgul
TryHard
JZZ30-GTTL V8 killer

Posts: 191
Reg: 07-2005

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Saturday, August 20, 2005 - 12:16 pm, by:  Mustafa Akgul Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

Close Benny :-)

when i first heard about it i was confused as if you go to a court of law and magistrate finds you guilty of a speeding offence but instructs the rta not to deduct points.the rta says the court has no ruling over it and theye defy the order and deduct the points.(this happened to me several years ago)

so in this case guy gets disqualified then is issued with a legitimate driving licence cause of the rta/courts not updating the info onto the system.lets not forget he applied and got his licence two full weeks after he was sentenced...

so even though he was disqualified by the court the rta gave the licence..
Benny the someone is The Roads and traffic authority of NSW...

lastly i just spoke to him on the phone ,he has the original letter and the actual receipt for the payment of the licence fee.

he eplained all this to the police but theye saw fit to charge him once again.

as usual the gov stuffs up but the citizen is dragged to court.

maybe theye should have put the rta/court workers who stuffed up in the first place..
Benny Gammelmark
TryHard
V8 UZZ31

Posts: 273
Reg: 07-2005

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Saturday, August 20, 2005 - 12:29 pm, by:  Benny Gammelmark Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

In some cases central databases are good. In other cases you have to be very careful, something to do with privacy.

This obviously was a stuff up.

Muzzy, did you get the point removed again? You must have complained. How can the RTA go against a court order?
Mustafa Akgul
TryHard
JZZ30-GTTL V8 killer

Posts: 193
Reg: 07-2005

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Saturday, August 20, 2005 - 05:43 pm, by:  Mustafa Akgul Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)


Benny Gammelmark wrote on Saturday, August 20, 2005 - 12:29 pm:

Muzzy, did you get the point removed again? You must have complained. How can the RTA go against a court order?



Benny,NO the RTA is untouchable thanks to legislation.what it means is the magistrate has no power to give out such a ruling.i ended up losing my licence because of the points loss.ended up going on a 1 year good behaviour bond on 2 points.
Benny Gammelmark
TryHard
V8 UZZ31

Posts: 286
Reg: 07-2005

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Saturday, August 20, 2005 - 06:02 pm, by:  Benny Gammelmark Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

That sucks.
Andrew Ferres
TryHard
Cressida V8

Posts: 73
Reg: 07-2005

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Saturday, August 20, 2005 - 08:39 pm, by:  Andrew Ferres Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

From what I've heard, fines can get over turned but points can't.

Even if you are proved innocent.
Paul Irwin
Trader
GT-T (1JZ-GTE)

Posts: 27
Reg: 07-2005

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Tuesday, August 23, 2005 - 01:51 pm, by:  Paul Irwin Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

interesting read.

lawyers are a lot like police, there are a number of bad ones that can work an argument and make it impossible for the judge/jury to disagree with the outcome. these lawyers unfortunately just like the minority of d!ckhead cops ruin it for the rest of them.
Andreas Niaouris
Tinkerer
V8 Limited

Posts: 7
Reg: 07-2005

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Tuesday, August 23, 2005 - 02:07 pm, by:  Andreas Niaouris Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

I agree this thread has been an informative and interesting read.
Mustafa Akgul
TryHard
JZZ30-GTTL V8 killer

Posts: 217
Reg: 07-2005

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Tuesday, August 23, 2005 - 11:14 pm, by:  Mustafa Akgul Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)


Andrew Ferres wrote on Saturday, August 20, 2005 - 08:39 pm:

Even if you are proved innocent




yeah seems odd since we supposedly live under a democracy..
Mark Paddick
Goo Roo
Soarer UZZ31

Posts: 356
Reg: 07-2005

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Wednesday, August 24, 2005 - 05:07 pm, by:  Mark Paddick Quote hilighted text Edit Post Delete Post Print Post   View Post/Check IP (Moderator/Admin Only) Move Post (Moderator/Admin Only)

Interesting point about our legal system;
You CAN be proved 'Guilty"
You Cannot be proved 'innocent', not-guilty is the best you can do and that does not mean 'innocent'.

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