doh! I thought andrew was in queensland!!
----- Original Message ----- From: "Chris Howard" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Monday, April 22, 2002 11:10 AM Subject: RE: Legal matters > 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]/ ---------------------------------------------------------------------
