Breaking the law...

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Simondo
Simondo
VIC
8025 posts
VIC, 8025 posts
17 Feb 2013 6:18pm
Here's some minor stuff I see;

1) Cyclist cruising on the footpath on StKilda Rd, Melbourne. Extremely wide road, extremely wide footpath and roll-on grass against footpath... Minding his business... Female copper in her car (on her own) tries to nab him... Sirens blarring, she gets past him, and hard left turn onto the footpath to block him... he has room, casually rides around... she reverses back, and tries maneuver again... He jumps left into bumper to bumper traffic in Toorak Rd, GAME OVER. Cyclist wins! What was the cop thing! Disturbing the peace to be honest... Smart cyclist will always win... 6pm and Friday... That was this Friday just gone.

2) Bunch of teenagers climbing down the Bird Rock Cliffs... Jan Juc... Plenty of signs... Rocks in their heads!... No fines.

3) People driving and viewing smart phones... see it all the time.


I think Item 3 is the biggest crime, of that set... I have seen all 3 within 3 days...
To be honest, I think police need to increase their under-cover squad car patrols, and openly police this problem.
KiteBilly
KiteBilly
VIC
90 posts
VIC, 90 posts
17 Feb 2013 6:24pm
Yep Lock em up and throw away the key...for sure. Actually just lock everybody up just in case.
CJW
CJW
NSW
1731 posts
CJW CJW
NSW, 1731 posts
17 Feb 2013 6:28pm
Unless the cyclist was a wanted man for some reason I can't really see the point in stopping him if he was causing no danger to anyone else.

The third point I totally agree. Here in NSW they have just upped the fines, now you can't even touch your phone while driving, unless it's in a hands free mount, yet on my small 10km drive to work I still see on average 3 people talking on their phone every day. Do the cops not give a ****? I mean honestly if you drove around in an undercover cop car, of which there are many in my town, for a mere 5 minutes you'd have a field day and make the roads arguable a safer place. Trying to book a cyclist for apparently riding on the footpath, not so much.
youngbull
youngbull
QLD
826 posts
QLD, 826 posts
17 Feb 2013 5:52pm
Ha, if I was the cop I would have tased him for sure... Knowing if I missed him I would get the bike and nail him through the seat.

The sooner push bike riders pay rego the better.(not children in the local street- just the city/main/service road riders).
theDoctor
theDoctor
NSW
5786 posts
NSW, 5786 posts
17 Feb 2013 7:15pm


^^^^TOOL
Mobydisc
Mobydisc
NSW
9029 posts
NSW, 9029 posts
17 Feb 2013 8:14pm
Victimless and pre-crimes. You have not hurt anyone's person or their property. However you are breaking the law. If caught, there is the presumption of guilt with the issuing of a fine to be paid to the state.

As time goes on the breadth and depth of these victimless and pre-crimes grows because something bad might happen. All in the name of public safety and the common good.
youngbull
youngbull
QLD
826 posts
QLD, 826 posts
17 Feb 2013 8:00pm
I use to ride all the time. Cars are to big these days.

The Average car is 200-300mm wider.
That alone is half the min a rider needs. Roads are alot busier, more idiots on the road.
Large 4wds are 1/3 of cars. I have plenty of riders in Pine Rivers - the roads just are not big enough.

Tools are people who jump to the front of lights and hold up all the cars only to be overtaken again force traffic to swerve and repeat at the next set of lights.

If riders followed the rules, I and many would not have a problem, just the few that tarnish the majority.
TheWolf
TheWolf
SA
247 posts
SA, 247 posts
17 Feb 2013 10:48pm
Mobydisc said...
If caught, there is the presumption of guilt with the issuing of a fine to be paid to the state.


No, there is not. If you choose not to admit guilt (by payment of the infringement) then there is a requirement that the issuing officer prove you commited the offence to the satisfaction of a magistrate
Mobydisc
Mobydisc
NSW
9029 posts
NSW, 9029 posts
17 Feb 2013 11:29pm
TheWolf said...
Mobydisc said...
If caught, there is the presumption of guilt with the issuing of a fine to be paid to the state.


No, there is not. If you choose not to admit guilt (by payment of the infringement) then there is a requirement that the issuing officer prove you commited the offence to the satisfaction of a magistrate


If there is no presumption of guilt every alleged offense should go before an independent arbiter before any penalty is given. Of course this is unworkable given the width and depth of the number of offenses that are punishable by the issuing of a fine. As time goes on the depth will deepen and the width widen, nesseciating the increasing automation of the penalty systems.

Mark _australia
Mark _australia
WA
23684 posts
WA, 23684 posts
17 Feb 2013 8:36pm
Sounds like the cyclist is the biggest law breaker as he failed to stop for the copper.

Maybe she wanted to ask him a question about something that happened up the road cos he could be a witness? Likely it was the helmet, but maybe it was gonna be just a warning. He added a second offence by not stopping.

Your number 2 and 3 have broken the law BUT
#2 is likely a council or CALM / DEC whatever they're called over there by-law so has nothing to do with police activites
# 3 yes it is illegal, but not as bad as committing a traffic breach AND then failing to stop (adding the second offence)

Maybe the reason for breaches #2 and #3 is due to total ambivalence to law, exemplified by #1. Sorry but I can't understand how ignoring the law makes #1 a hero, and ignoring the law makes #2 and #3 sooooo wrong.....?




TheWolf
TheWolf
SA
247 posts
SA, 247 posts
17 Feb 2013 11:12pm
Mobydisc said...
If there is no presumption of guilt every alleged offense should go before an independent arbiter before any penalty is given.


It does. They are called a magistrate.
Or, if you do not contend your guilt you can elect to expiate the offence rather than be prosecuted.
Neddero
Neddero
NSW
74 posts
NSW, 74 posts
18 Feb 2013 1:02am
Mark _australia said...
Sounds like the cyclist is the biggest law breaker as he failed to stop for the copper.

Maybe she wanted to ask him a question about something that happened up the road cos he could be a witness? Likely it was the helmet, but maybe it was gonna be just a warning. He added a second offence by not stopping.

Your number 2 and 3 have broken the law BUT
#2 is likely a council or CALM / DEC whatever they're called over there by-law so has nothing to do with police activites
# 3 yes it is illegal, but not as bad as committing a traffic breach AND then failing to stop (adding the second offence)

Maybe the reason for breaches #2 and #3 is due to total ambivalence to law, exemplified by #1. Sorry but I can't understand how ignoring the law makes #1 a hero, and ignoring the law makes #2 and #3 sooooo wrong.....?







Texting / viewing a smartphone while driving can easily cause an accident and maybe cost lives, that's why it's soooooooo wrong.
Mark _australia
Mark _australia
WA
23684 posts
WA, 23684 posts
17 Feb 2013 11:41pm
^^^ I am not saying that it is right.

I am saying that failing to stop for the copper is also wrong, and does not make him a hero just cos he disagrees with the helmet law.

Can all the people who disagree with the mobile phone law also just flout it?
doggie
doggie
WA
15849 posts
WA, 15849 posts
18 Feb 2013 3:17pm
Mark _australia said...
Can all the people who disagree with the mobile phone law also just flout it?


I think they do all the time, from what Ive seen.
TrevNewman
TrevNewman
VIC
237 posts
VIC, 237 posts
18 Feb 2013 7:29pm
TheWolf said...
Mobydisc said...
If caught, there is the presumption of guilt with the issuing of a fine to be paid to the state.


No, there is not. If you choose not to admit guilt (by payment of the infringement) then there is a requirement that the issuing officer prove you commited the offence to the satisfaction of a magistrate


For free or do you have the threat of paying court costs if you lose?
Ted the Kiwi
Ted the Kiwi
NSW
14256 posts
NSW, 14256 posts
18 Feb 2013 7:45pm
TrevNewman said...
TheWolf said...
Mobydisc said...
If caught, there is the presumption of guilt with the issuing of a fine to be paid to the state.


No, there is not. If you choose not to admit guilt (by payment of the infringement) then there is a requirement that the issuing officer prove you commited the offence to the satisfaction of a magistrate


For free or do you have the threat of paying court costs if you lose?


Court costs used to be about $72 in NSW - the problem was you had to take a day off to fight your case....so realistically its significantly more than that unless you do not have a job
Mobydisc
Mobydisc
NSW
9029 posts
NSW, 9029 posts
18 Feb 2013 8:28pm
Basically you have to take a day off work one way or another if you work business hours on weekdays. There are no weekend or after hours courts.

So for most hard working Australians its very difficult to contest an alleged offense in court. Of course most working Australians are unfamiliar with court processes and many would be afraid of representing themself before a magistrate.

This is what the fine system counts on. Ninety nine times out of a hundred its easier to just pay the fine. They are set at a level where its just easier to pay it. If the fines were really expensive, ie twenty thousand dollars for speeding 10 km/h over the limit, then they would be counter productive as people would contest the fines and magistrates would probably side with defendents.

So they are set at a level which raises considerable revenue and most people just pay it, just like any other tax.

This doesn't really affect me personally. I don't drive much nowdays as I walk to work and also walk to the shops. Just drive every now and then to get to the water or a social event. However even then its not hard to see all those damn speed cameras all over the place.
deejay8204
deejay8204
QLD
557 posts
QLD, 557 posts
18 Feb 2013 7:30pm
I dont have a problem with bike riders if they stay off the main roads, They should install indicators and brake lights, because I have no idea when they are going to swerve onto the road to miss an ant size pebble that may puncture their precious tyres. Get off the white line and get off the main roads. I nearly took one out last week that came about a metre onto the main road to miss something that I couldn't see. Rego for them if they want to ride with the big boys.

Agree with phones while driving I have just gotten my first blue tooth hands-free set and love it, $16.50 from Woolworths. Better than paying a fine.
Skid
Skid
QLD
1499 posts
QLD, 1499 posts
18 Feb 2013 7:39pm
Mobydisc said...
...... Just drive every now and then to get to the water or a social event. However even then its not hard to see all those damn speed cameras all over the place.



^^ Alternatively, it's not hard to drive within the speed limits...
stuk
stuk
NSW
894 posts
NSW, 894 posts
18 Feb 2013 9:14pm
Here's a way out there idea...just obey the rules whatever your personal arguement is.

And those idealists who think because they earn good coin, that they are entitled to question valid enforcement tactics, well, give good thanks you will and have never had to be in that position.
Squid Lips
Squid Lips
WA
708 posts
WA, 708 posts
18 Feb 2013 7:13pm
youngbull said...

Tools are people who jump to the front of lights and hold up all the cars only to be overtaken again force traffic to swerve and repeat at the next set of lights.



Tools are drivers who dangerously overtake cyclists on narrow sections of road when they know the traffic is stopped 200m further ahead.
dmitri
dmitri
VIC
1040 posts
VIC, 1040 posts
18 Feb 2013 10:43pm
i do a lot of driving around mel. and i can tell, the roads are taken over by all those zombies who can't take the fingers off their smart phones.
i reckon they cause most of the accidents these days.
there should be a mandatory to fit all cars with some device that blocks mobile phone's signal or something like that.
seems to me the govimint doesn't give a fark about that. too busy collecting millions from speed cameras, i guess.
i only hear all day on a radio the adds "cameras save lives ! wipe off 5"etc, but no one mentions the smart phones.
oh, sorry, and this bit off topic, but another annoying add i hear all the time is " boat users stay clear from the big ships and shipping channels!"
are boat users dumb ? what a waste of time and money
TrevNewman
TrevNewman
VIC
237 posts
VIC, 237 posts
18 Feb 2013 11:05pm
Mobydisc said...
Basically you have to take a day off work one way or another if you work business hours on weekdays. There are no weekend or after hours courts.

So for most hard working Australians its very difficult to contest an alleged offense in court. Of course most working Australians are unfamiliar with court processes and many would be afraid of representing themself before a magistrate.

This is what the fine system counts on. Ninety nine times out of a hundred its easier to just pay the fine. They are set at a level where its just easier to pay it. If the fines were really expensive, ie twenty thousand dollars for speeding 10 km/h over the limit, then they would be counter productive as people would contest the fines and magistrates would probably side with defendents.

So they are set at a level which raises considerable revenue and most people just pay it, just like any other tax.

This doesn't really affect me personally. I don't drive much nowdays as I walk to work and also walk to the shops. Just drive every now and then to get to the water or a social event. However even then its not hard to see all those damn speed cameras all over the place.



Excellent points.
I heard in Japan there are stupidly high fines for drink driving, like a mandatory $10,000 and a year in the slammer, consequently no one drink drives in Japan so for serious things big penalties work effectively at stopping offenses and not just raise revenue.
cisco
cisco
QLD
12365 posts
QLD, 12365 posts
19 Feb 2013 1:42am
The Law is an Ass.

I forget who first said it but it is a universal truth.
stamp
stamp
QLD
2798 posts
QLD, 2798 posts
19 Feb 2013 10:15am
cisco said...
The Law is an Ass.

I forget who first said it but it is a universal truth.


charles dickens' character mr.bumble, when suggested to him that the law presumes his wife to be under his control: “If the law supposes that,” said Mr. Bumble,… “the law is a ass—a idiot. If that's the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience.”

more damning of marriage than anything else...
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