L's first fall and help needed.

MQonNinja · Post by **MQonNinja** » Tue Jan 13, 2009 5:22 pm

G'day all,

That was last sunday (11 Jan), In the arvo i decided to take a lapse north to the old road. I first stopped at P.I.T.S. luckily i met a group of KSRC riders and one of them was really nice to give me a KSRC sticker. We talked a little bit about the forum and the club. he also told me that club members normally gather at 9am sunday then ride together.

After i had my pie i keep heading toward north untill i reached Reptile park. Then I turned my bike around and going home. when i saw a old school bike riding along i decided to follow him.

When i rode near the Calga interchange ramp into freeway and i had not lean enough toward the inner circle so i grapped both brakes and i lost control of my bike. the bike first hit the gutter/kerb then ejected me into the rock wall, fortunately i wore all gears which really did their job. i ended up laying on the side of road with a dent on my Shark.

in the accident i got two sore arms, two sore legs, and with only few scratches on my skin that caused by my jeans.

So i called 000 for ambulance and waved to a car that was past by. the nice couples stoped and helped me to stand my bike until the cops arrived.

i told the officers what had happpened and one of them asked me " have you shit you pants?' which really made me very unhappy.

The thing that upset me is that the cop gave me a ticket for neglegent driving/riding, $324 bucks with 3 Points.

i them asked the officer why an accident with NO other party involved and NO damage to other's property could possibly made me neglegent driving and he said "you fall off you bike and hit the wall, it could only be your fault or the wall's fault, obviously the wall is not moving so it is your fault."

So i said "but i am only a learner and i wasn't intended to fall off my bike, i was merely lack of experience and i wasn't speedng either how can you issue me a tickket about that?"

"you can have this matter hear in court but i don't think you stand many chance to get away with it" he answered.

My question is: do i really have no chance at all if i write a letter to RTA about this matter?

Please give your thoghts on this.

Winson

P4nza · Post by **P4nza** » Tue Jan 13, 2009 5:32 pm

FUCK YES u have a chance... thats not neglegent driving at all from what i see, me losing my licence coz im doing 120+ in a 70 zone is neglegent but falling off ur bike on a curb and that HE gives YOU a ticket for falling off and calling for help?? thats fucking bullshit...i would take it to court.

lets see what the other experienced riders say, mate he should have helped you not fuck you up with a ticket.

BTW how many stripes was on his shoulder?

6maniac · Post by **6maniac** » Tue Jan 13, 2009 5:35 pm

Geez that sucks, mate ! Adds insult to injury, literally ! I'm not up on the legal issues ( but someone on here will be )... just lucky when I had my spill no cops turned up and self reported next day.
As somebody said many years ago..... " The NSW police are a necessary evil, but some are more evil than necessary. "

z900/zx9 · Post by **z900/zx9** » Tue Jan 13, 2009 5:37 pm

SCREW HIM

He sounds like a real asshole i would go to court and just present the facts that you are a learner LEARNER being the word and you made a misjudgement which will happen when you are learning anything.If presented the right way and if the magistrate is worth his salt you will get off.Then after the officer has to go to court and watch you get off blow him a kiss on the way out.This whole negligent driving thing shits me to tears,unless you are really screwing aroun accidents are just that.End rant

Cwidova · Post by **Cwidova** » Tue Jan 13, 2009 5:43 pm

that is a load of crap.....no one was hurt, you called them to notify them and they turn around and give you a ticket???? he cant even prove that you were riding negligantly, plus you can turn around and say an animal ran out in front of you or there was gravel on the road and he can't disprove it.......take 'em to court imo

MQonNinja · Post by **MQonNinja** » Tue Jan 13, 2009 5:48 pm

P4nza wrote:FUCK YES u have a chance... thats not neglegent driving at all from what i see, me losing my licence coz im doing 120+ in a 70 zone is neglegent but falling off ur bike on a curb and that HE gives YOU a ticket for falling off and calling for help?? thats fucking bullshit...i would take it to court.

lets see what the other experienced riders say, mate he should have helped you not fuck you up with a ticket.

BTW how many stripes was on his shoulder?

Thanks for the quick replys mate.

As i am from oversea and not familiar with how the system works i did not see how many stripes on his shoulder but i red his badge says " brisbane water something"

I was still in good mood even after the hit cuz i bought full comperhensive insurance and i was unhurt, but the cop just turned up and destroied my day

The paramedics told me to write to RTA first before taking the matter into court so should i write the letter or directly send back the ticket with a X in the court option on the back of the ticket?

MrWasabi · Post by **MrWasabi** » Tue Jan 13, 2009 5:49 pm

AFAIK if you fall off your bike its your fault.
not that i agree, but unless you have been forced off the road by a maniac, or the road crumbled away from under your bike (in some cases you still dont have a chance with this one) they can book you for that.

Lack of experience wont stand up, they will say that you should have been riding to your limits.

Really sucks that you had an off mate, but i would take this on as a learning curve and come out of it with a bit more knowledge on what you can do different next time.
For starters, if you dont think you are going to make the turn, dont hit the brakes, as this stands the bike up and it will stick you on the wall on the other side, or maybe worse, another car

just countersteer the farker until it starts to turn or you lowside it, hopefully not the latter.

jonoZRX · Post by **jonoZRX** » Tue Jan 13, 2009 5:51 pm

See a traffic lawyer before taking it to court.

P4nza · Post by **P4nza** » Tue Jan 13, 2009 5:52 pm

good job mate, if the RTA says its not your fault, take it to court and get your licence and everything else fixed up... fucking water rats.... WHAT THE HELL ARE BRISBANE RATS DOING IN NSW?? tell em to fuck off... * dont mind the rant* gives me the shits when stupid cops make stupid fines

MrWasabi · Post by **MrWasabi** » Tue Jan 13, 2009 5:54 pm

z900/zx9 wrote:YOU made a misjudgement

exactly, this is why they gave him the ticket.
if an L or P plater learning to drive a car has an acco with a power pole, he gets the same treatment.

again, i think its BS, but its the way it is.

Post by **dave#3** » Tue Jan 13, 2009 5:57 pm

I hate to say it (because I too think it's bullshit) but he can charge you with neg drive if you crash - somebody's always at fault in the (somewhat blind) eyes of the law. I'd start by writing to the infringement processing bureau and outlining what happened - they can elect to dismiss the ticket if they feel you're being treated unfairly. If the IPB upholds the ticket you can take it to court and defend yourself there - a magistrate can throw the ticket out, but he/she can also increase the penalty, so be careful.

The thing I'm surprised about is that you have points to loose on your L's - when I had my L's many moons ago you didn't have any points (it's a permit, not a license) and as such it was issued (and could be taken away) at the courts approval. Basically if you fucked up often they took it away, but if you only fucked up a little bit it was yours to keep.

More importantly, how's the bike? Did you get it home OK?

MrWasabi · Post by **MrWasabi** » Tue Jan 13, 2009 5:59 pm

dave#3 wrote:The thing I'm surprised about is that you have points to loose on your L's

oh yeah, you do. trust me...you got 4 of them

well some ppl do

Post by **Wattie** » Tue Jan 13, 2009 6:05 pm

lesson 1.

dont call coppers.

lesson 2.
dont call ambo unless you are dying, or cant walk.

MQonNinja · Post by **MQonNinja** » Tue Jan 13, 2009 6:10 pm

Thanks dave#3

The bike is still in towing company's caryard waiting for the insurance company to access the damage. Got sratches on all fairing and from ring is broken a bit. i don't know if the damage is enough for a total loss or not.

I have asked staffs in bike biz and they told me the same that there is no much chance but i will give it a try though.

So the IPB infringement processing bureau is where my letter should send to? or I should send it to RTA?

The thing that worrys me the most now is that with the 3 Points i only have 1 point left on my car license and 1 bike point. (as the staff in bike biz told me)

Damn it. if i ever have any accident, i am going to get a neg driving and loose all my license...

Six Addict · Post by **Six Addict** » Tue Jan 13, 2009 6:15 pm

tough luck mate... and if it ever happens again you know to ring a mate to get them to pick u up and keep the ambos and coppers out of it... sounds like the brisbane water guys were having a bad day... id been at a crash whilst riding with someone and they ended up on the wrong side of the road, well the bike did anyway but the coppers showed up, asked if anyone else was involved, then buggered off, the obviously didnt wanna do the paperwork that day...

better luck next time...

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