Damn Police State :O( Majorly bad news Andrew, After reviewing the legislation, I suggest you move your car to a trusted friends garage immediately. The relevant laws and previous case notes I found are below.
As far as I read it, they can only confiscate the car within 10 days of the burnout offence. If they can't find it within 10 days.... They cannot force you to tell them where it is either without a court subpoena. And they cannot look in your garage without a search warrant issued under Section 41 below. And then if it's not there they have to guess where it is and get another search warrant etc. Relevant Legislation: ROAD TRANSPORT (GENERAL) ACT 1999 Section 39 Removal and impounding of vehicles used for certain offences http://www.austlii.edu.au/au/legis/nsw/consol_act/rta1999242/s39.html Section 40 Impounding or forfeiture of vehicles on finding of guilt or admission of offence http://www.austlii.edu.au/au/legis/nsw/consol_act/rta1999242/s40.html Section 41 Search warrants http://www.austlii.edu.au/au/legis/nsw/consol_act/rta1999242/s41.html ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 Section 40 Races, attempts on speed records and other speed trials http://www.austlii.edu.au/au/legis/nsw/consol_act/rtatma1999412/s40.html Section 41 Conduct associated with road and drag racing and other activities http://www.austlii.edu.au/au/legis/nsw/consol_act/rtatma1999412/s41.html Previous Case Notes: Boulton -v- Commissioner of Police, New South Wales Police Service [2000] NSWADT 135 (27 September 2000) http://www.austlii.edu.au/au/cases/nsw/NSWADT/2000/135.html Anthony -v- Commissioner of Police, New South Wales Police Service [2000] NSWADT 155 (7 November 2000) http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWADT/2000/155.h tml Downes v DPP [2000] NSWSC 1054 (16 November 2000) http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/supreme%5fct/2000 /1054.html Good luck, Chris > -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED]] On Behalf Of > Andrew Denniss > Sent: Sunday, 21 April 2002 5:18 PM > To: [EMAIL PROTECTED] > Subject: Legal matters > > > Hi guys what a prick of a day Ive had no sleep (young fella > crook) early > start at work and then on way home I hit a pothole at low speed around > town and stuff a tyre bending the rim too :( so I get out > change it get > going decide I need to let some steam off and let rip up the > road not a > burnout just excelerating hard and Fme what come up behind > and pulls me > over My local non freindly police man he gets my details and tells me > they will be around next week to confiscate the car!!!Just wondering > what would be my best plan of attack?? he was ther taking pics of the > black marks only a bit in 1st a bit more in 2nd and a tad in 3rd :(at > that time realized they had come around the bend. > Andrew > PS: will a good driving record help?? > --membersozdat------------------------------------------------------- OZDAT Mailing List Please Note:- Send (un)subscribe requests to [EMAIL PROTECTED] Send submissions to [EMAIL PROTECTED] No unauthorised redistribution of this email http://www.ozdat.com/ozdatonline/index.htm http://www.ozdat.com/ozdatonline/listindex.html http://www.mail-archive.com/[email protected]/ ---------------------------------------------------------------------
