Kawasaki Sportsbike Riders Club - Australia - Online Forum

by **NovaCoder** » Mon Jul 03, 2006 4:09 pm

bugger that's a bit harsh isn't it? Glad they never caught me for a 270 'leg stretcher' as they'd have just executed me on the spot :shock:

by **Draven** » Mon Jul 03, 2006 4:15 pm

thanks guys, ive just gota work out how im going to get my bike to the dyno, bit of a bugger as i dont know anyone who has a ute or a trailer :shock:

by **kellz** » Mon Jul 03, 2006 4:18 pm

well mate, if you need anything, give me a buzz you have m y number.

i got a few weeks off.

and im here for the other issues aswell.

by **Draven** » Mon Jul 03, 2006 4:28 pm

kellz wrote:well mate, if you need anything, give me a buzz you have m y number.

i got a few weeks off.

and im here for the other issues aswell.

thanks kels your a champ, everyone on here giving me advice is great, really helps...

IF which is a BIG IF i dont get locked up im going to have a BBQ and get everyone from KSRC to come alone and have a few drinks and a feed etc (my shout of course) just to show my apprication.

by **Duane** » Mon Jul 03, 2006 4:30 pm

Best of luck, I can't imagine you going to jail for doing 180kmph in a 80 zone anyway, probably a suspended sentance at worst, if you can prove your bike's not capable of 180 - you're fine, but hope to hell the dyno doesnt tell you it can and more!!!!

Probably lose your license for 5-10 years and a suspended sentance at worst mate.

Don't get overstressed. as far as i can see anyway, you'll take the bike to the dyno and it will be lucky to get over 160 indicated. Might be worth weighing yourself to, and get them to add the weight to the bike to see, because that is a big factor too

by **Stereo** » Mon Jul 03, 2006 4:31 pm

87Ninja wrote:thanks guys, ive just gota work out how im going to get my bike to the dyno, bit of a bugger as i dont know anyone who has a ute or a trailer

The bike shop in question probably has the ability to pick it up, they will charge you for it, but hey! its probably worth it right? If you were in melbourne I would come over and ride it to the shop for you...

I really think you should take the dyno recordings into court, sothat your solicitor can bring it up...

by **Stereo** » Mon Jul 03, 2006 4:35 pm

Also, have you got a second opinion from another solicitor? Personally I would contact another solicitor to make sure things are being steered in the right direction....

by **Draven** » Mon Jul 03, 2006 4:39 pm

Stereo wrote:Also, have you got a second opinion from another solicitor? Personally I would contact another solicitor to make sure things are being steered in the right direction....

It doesnt worry me how much it costs, does anyone have any details/contacts for this shop so i can get a hold of them,

Im going to talk to one of the directors at my work, he is a Barrister (think thats how you spell it) and see what he thinks...

by **kellz** » Mon Jul 03, 2006 4:43 pm

hey if i am able to get up on thne day you get it b ooked in i can ride it over for you. as long as i have directions, lol..

by **Draven** » Mon Jul 03, 2006 4:56 pm

thanks kelz

by **photomike666** » Mon Jul 03, 2006 5:01 pm

The point of proving your bike can only do 160k is that in order to presocute you, they have to be able to prove what you did beyond reasonable doubt. if they say you did 180 and you can't get within 20k it's more than reasonable doubt

by **javaman** » Mon Jul 03, 2006 5:04 pm

Damn ... sorry to hear that.

But if I got nailed for 300kph on my zx6r I would either brag about in in every motorcyling forum, or contest the charge.

by **BladeBoy** » Mon Jul 03, 2006 5:05 pm

Mate, that is complete bullshit, I would let it go to court armed with the WRITTEN info on your bike from as many sources as you can find, if your bike is only good for 160 K/PH and you got done for 180 K/PH IT WILL BE THROWN OUT OF COURT, the copper will look like a dick as well and you may be able to claim court costs, I know this for a FACT, as it happened to me, not on a bike but a shit box car that was not capable of the speed even if you threw it of a cliff.

by **stevew_zzr** » Mon Jul 03, 2006 5:30 pm

Yer as i said in the earlier post the 'burden of proof' is on the prosecution, and there are specific ways in which police are trained to get readings of speed ... if that evidence that you did '183km/h' is proved to be completely false (which it most definitely is) then the case for you speeding could get thrown out altogether, or at least reduced to some lesser charge that they *can* prove.

'burden of proof' means that *they* (the prosecutor/police/whatever) have to PROVE that you were doing what they are charging you with, you don't have to prove anything you just have to cast enough doubt on the evidence that *they* provide (and that will usually include you presenting your own evidence). So for example you don't need to provide evidence that you were obeying the speed limit, you just need to provide an argument or evidence that will either disprove, or cast doubt over, any evidence/'fact' that the prosecutor presents - i.e. that you were doing 183km/h.

So if say the policeman got a reading off his radar, and you could prove that it was erroneous - then the only way you could get charged with anything is if the cop had made other notes/documentation about the incident like speed relative to his car/speedo if he was following at a fixed distance, statements that you made for example if you had said you thought it was some skyline wanker that you wanted to ditch etc ... it doesn't look good for him to change his argument in court and present facts of the case which conflicts with other facts. If the policeman doesn't have any other numbers aside from 183km/h anywhere in his records then his case is quite fuxed. A good lawyer will be able to help you out, it sounds like this cop has pulled a number out of his arse without following procedure and is not doing his job particularly well.

You *could* still get charged with other things like excessive speed, dangerous riding etc - it all depends what the cop has noted and what you said to him on the night. If you are ever in this situation again, just remember you don't have to incriminate yourself ... you aren't in court so you don't have to reply to anything, or make any statement if you don't want to. It's not like i'm suggesting that you try and be a prick and get away with everything ... just don't feel like you have to be 'guilty' and admit to every little sin

Note : i'm not a lawyer, a lawyer will know a bit more about the legal precedent set in these kinds of cases and will have a better idea about which way to go with the situation ... i'm just making some very broad generalistations that may or may not give you some ideas.

by **ZZRCHIKKY** » Mon Jul 03, 2006 5:48 pm

All i can say is bad luck and

FARKEN SKYLINE DRIVERS !!!!

oh and good luck

Kawasaki Sportsbike Riders Club - Australia - Online Forum

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