Not quite that simple, its not enough to just obey the law, he has to also avoid being in any situation that may arouse suspicion. Suspicion is as good as guilty in Australia, as the OP has come to learn.
WA Police - Motorbike Impounded and will be Crushed?
- Thread starter DRATS
- Start date
Not quite that simple, its not enough to just obey the law, he has to also avoid being in any situation that may arouse suspicion. Suspicion is as good as guilty in Australia, as the OP has come to learn.
Give police the power - and they will use and abuse that power.
Been proven time and time again.
Look at placement of speed cameras on 'safe' roads; look at the use of tasers to enforce compliance instead of reducing a threat.
OP - take it to court if you have the time. If DIY you have little to lose, and may come out better off.
Been proven time and time again.
Look at placement of speed cameras on 'safe' roads; look at the use of tasers to enforce compliance instead of reducing a threat.
OP - take it to court if you have the time. If DIY you have little to lose, and may come out better off.
A confiscation order only applies on a third or subsequent conviction.
My reply was specifically to your comment on driving an unregistered bike or car to the verge and leaving it running to dry. That's driving. It's illegal.
I'm not surprised the cop doesn't believe your version. For a confiscation order to be considered it has to be a third offence. You've been caught driving unlicensed multiple times, they see you attempting to start it and you expect them to believe you had no intention of driving/riding it?
My reply was specifically to your comment on driving an unregistered bike or car to the verge and leaving it running to dry. That's driving. It's illegal.
I'm not surprised the cop doesn't believe your version. For a confiscation order to be considered it has to be a third offence. You've been caught driving unlicensed multiple times, they see you attempting to start it and you expect them to believe you had no intention of driving/riding it?
Yes, and hence why I said this earlier - "Not quite that simple, its not enough to just obey the law, he has to also avoid being in any situation that may arouse suspicion. Suspicion is as good as guilty in Australia, as the OP has come to learn."
It's not that simple either.
There is this cool thing called circumstantial evidence.
1) The OP planned to purchase a bike but did not research towing companies before hand.
2) The OP admits that it was running whilst he was there. No idea if he touched it or sat on it whilst running. He'll tell us he didn't... but...
3) He called a towing company who was closed.
4) He thought about calling a friend. Thought about it. Didn't do it.
5) 8 minutes after thinking about calling a friend he tried to start it.
There is this cool thing called circumstantial evidence.
1) The OP planned to purchase a bike but did not research towing companies before hand.
2) The OP admits that it was running whilst he was there. No idea if he touched it or sat on it whilst running. He'll tell us he didn't... but...
3) He called a towing company who was closed.
4) He thought about calling a friend. Thought about it. Didn't do it.
5) 8 minutes after thinking about calling a friend he tried to start it.
Why are you suggesting there should be a reverse onus of proof in criminal matters?
The police should prove their case, not the other way around. Plus the OP has a plausible explanation. And let's face it, police have been known to plant evidence when it suits them. (ie Roger Rogerson).
You can see what happens when reverse onus of proof is used in family law. Imagine your wife complains you pushed her one day, she goes to cops, they take out a IVO and you are out of the family home that you bought for 1 to 2 years.
So, how do you go about proving you never pushed your wife?? Proving a negative is extremely difficult to manage and should not be part of a criminal justice system.
And she still doesn't like you it gets extended when she makes up a story that is not true.
I say nooooooo to reverse of proof in criminal matters.
The police should prove their case, not the other way around. Plus the OP has a plausible explanation. And let's face it, police have been known to plant evidence when it suits them. (ie Roger Rogerson).
You can see what happens when reverse onus of proof is used in family law. Imagine your wife complains you pushed her one day, she goes to cops, they take out a IVO and you are out of the family home that you bought for 1 to 2 years.
So, how do you go about proving you never pushed your wife?? Proving a negative is extremely difficult to manage and should not be part of a criminal justice system.
And she still doesn't like you it gets extended when she makes up a story that is not true.
I say nooooooo to reverse of proof in criminal matters.
I had not ridden the bike anywhere and if you think I am a repeat offender that is your call Bill. I have been done for driving a car that had run out three months and thought the car had 6 months on it, not 3 months on it when I bought it.
They don't send the details of time left on cars over here anymore and I just was at the end of moving house and when I change the rego to my name the lady said it has 6 months rego left. Being in a country town and living on a farm my internet was s**t and could not get online to check the rego when I liked. So yes I should have been more incline to check these things but having a the police go no pass incidents and not making a call to a tow truck company to verity a call is not on when I told them. I was sitting on the bike and the bike was hot as I explained before.
I should have called my friend and not wait for 8 minutes time to past but as I said in my opening letter I had to think who would be able to do it and who would have a trailer and be home on a Saturday morning and be willing to come and help me out all of the details I have written in my first letter are how it happen. And Bill I have two other motorbikes at home a TRIUMPH 900 and Hyosung 250 both road bike.
So why would I take a no blinked or tail light bike out on the road when these to bike are perfect and have all the required lights and plates for a joy ride down the road and at least 8km from my house. That right I wouldn't so stop assuming as the cops did.
They don't send the details of time left on cars over here anymore and I just was at the end of moving house and when I change the rego to my name the lady said it has 6 months rego left. Being in a country town and living on a farm my internet was s**t and could not get online to check the rego when I liked. So yes I should have been more incline to check these things but having a the police go no pass incidents and not making a call to a tow truck company to verity a call is not on when I told them. I was sitting on the bike and the bike was hot as I explained before.
I should have called my friend and not wait for 8 minutes time to past but as I said in my opening letter I had to think who would be able to do it and who would have a trailer and be home on a Saturday morning and be willing to come and help me out all of the details I have written in my first letter are how it happen. And Bill I have two other motorbikes at home a TRIUMPH 900 and Hyosung 250 both road bike.
So why would I take a no blinked or tail light bike out on the road when these to bike are perfect and have all the required lights and plates for a joy ride down the road and at least 8km from my house. That right I wouldn't so stop assuming as the cops did.
A little place called Kojonup in the middle of nowhere down south 200ks of Perth. The lady at Council office / Library /RTA gave me the rego papers of the car and having a disqualified licence you can't even if you want to register a car in your name as I found out
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