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447 posts

Ultimate Geek
+1 received by user: 1


  Reply # 714355 8-Nov-2012 19:39 Send private message

You deserve the ticket as a deterrent from slacking on your study.

BTR

581 posts

Ultimate Geek
+1 received by user: 113


  Reply # 714486 9-Nov-2012 08:17 Send private message

amigo: Hey, don't give in... play the game!

If do you receive a ticket, I would imagine that it would have a generic offence stated, which means there is no detail on record of what you actually did, except use your mobile phone.

So now you've got a good interpretation of the law you can use it to your advantage.

Challenge the ticket, stating that you used the phone to terminate an incoming phone call, while you were stationary for a period of time, due to an accident blocking the road ahead.

Don't get smart and start quoting any act of subclauses, just leave it as that, as it will sound more innocent, and if they are going to prepare a court case against you, then they'll look up the law.

Unless they have any other specific evidence against you, they will most likely drop the case as it is not worth going to court over. If they did summons you to court, make sure you clear the history of your phone, so it can't be used against. In the vary unlikely case they did go so far as to obtain a log from the mobile provider, your defense could be that it must have been an alarm going off using the same ring tone as the incoming call, and you had honestly thought you were terminating an incoming call, which you knew was well within your rights to do so. :)



Trying to convince him to lie isn't going to make the problem any better, man up and pay the fine. An accident is a normal occurrence, if it wasn't would do we all have insurance then? Obviously you have never sat in road works for 5 minutes before... that would still be classed as a normal flow of traffic.



2392 posts

Uber Geek
+1 received by user: 137


  Reply # 714489 9-Nov-2012 08:24 Send private message

Just FYI, the points raised around lying to them when contesting this do seen like they could work, I won't be doing that. Not worth the trouble I could get into.

And having this be a deterrent for not studying? I think the $18k student loan I've racked up this year is more than enough to make me do better next year. Hahaha.

And yes I consider roadworks to be part of normal traffic flow, think of the New Market Viaduct, it was being worked on for most of this year atleast and that became normal for us as we travelled past it every single day. But accidents are not normal. If they were, like I said earlier, we should be able to claim repairs from the manufacturer for free under the cga because wouldn't that mean he car is not fit for purpose in 'everyday traffic flow'?





Late 2013 MacBook Pro with Retina Display (4GB/2.4GHz i5/128GB SSD) - HP DV6 (8GB/2.8GHz i7/120GB SSD + 750GB HDD)
iPhone 6 (16GB/Gold/Spark NZ) - Xperia Z C6603 (16GB/White/Spark NZ)

Sam, Auckland 
Skype: tardtasticx

2385 posts

Uber Geek
+1 received by user: 292
Inactive user


  Reply # 714510 9-Nov-2012 09:15 Send private message

Can we lock this one?

BDFL
50816 posts

Uber Geek
+1 received by user: 5167

Administrator
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  Reply # 714568 9-Nov-2012 11:10 Send private message

I don't think we need to - at least not yet.




353 posts

Ultimate Geek
+1 received by user: 8


  Reply # 714598 9-Nov-2012 12:31 Send private message

I can't believe the comments that say being held up by an accident is normal. i can't remember the last time I was held up by one! You people must live in weird places!

1446 posts

Uber Geek
+1 received by user: 168


  Reply # 714612 9-Nov-2012 12:49 Send private message

Auckland.

The place where nobody indicates and dweebs with fat exhausts and baggy pants hoon around thinking they are cool.





Sometimes what you don't get is a blessing in disguise!

111 posts

Master Geek


  Reply # 714614 9-Nov-2012 12:49 Send private message

Chainsaw: I can't believe the comments that say being held up by an accident is normal. i can't remember the last time I was held up by one! You people must live in weird places!


You obviously don't travel between Wellington and Lower Hutt. There doesn't seem to be a week go by without someone crashing at Horokiwi

1446 posts

Uber Geek
+1 received by user: 168


  Reply # 714619 9-Nov-2012 12:55 Send private message

The dome valley on state highway one is also very bad. Pretty sure its 3rd worst in the country.





Sometimes what you don't get is a blessing in disguise!

235 posts

Master Geek


  Reply # 714623 9-Nov-2012 12:58 Send private message

my phone (iPhone 5) 

-Sam


This was my favourite part of the entire thread.

---
This is a slap in the face!




this is a slap in the face!

410 posts

Ultimate Geek
+1 received by user: 9


  Reply # 714829 9-Nov-2012 17:14 Send private message

tardtasticx: If they were, like I said earlier, we should be able to claim repairs from the manufacturer for free under the cga because wouldn't that mean he car is not fit for purpose in 'everyday traffic flow'?


It would mean that the driver is not fit for purpose in everyday traffic flow - not the car ;-)

2567 posts

Uber Geek
+1 received by user: 261

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  Reply # 714865 9-Nov-2012 18:48 Send private message

tardtasticx:
Also, "should be drivers not knowing the rules" How do I not know the rules? If you read the whole thing, you would know that I was full aware of the rules around this law, its more interpretation of these rules that we've been talking about here.


You clearly weren't aware of the rules, because there is nothing to interpret!  Either it was normal flow of traffic, in which case using your phone for anything is an offense, or it was not normal flow of traffic, in which case using your phone for anything bar calling is an offense.

You broke the law.  There is no other way to interpret it.  I would be right behind you if you were calling someone to say you're stuck in traffic at an accident and would be home late and the officer ticketed you, but that isn't the case.  You text messaged (illegal) and you used your phone to take a photo (illegal).

11844 posts

Uber Geek
+1 received by user: 773

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  Reply # 714911 9-Nov-2012 20:58 Send private message

Its this BS law that says you cant do things on a *PHONE* that makes me want to get whatever the android equivialnt of an ipod touch is just to use for music in the car. I am probably technically breaking this BS law heaps when driving by changing song etc, whereas use a different device for the same task and its fine. Same for taking the photo since an ipod touch is not covered. Neather would be a DSLR or a compact camera..




Richard rich.ms

9261 posts

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  Reply # 714925 9-Nov-2012 21:21 Send private message

not to mention trying to eat hot pies on the run or the double whopper



2392 posts

Uber Geek
+1 received by user: 137


  Reply # 714939 9-Nov-2012 21:35 Send private message

Kyanar:
tardtasticx:
Also, "should be drivers not knowing the rules" How do I not know the rules? If you read the whole thing, you would know that I was full aware of the rules around this law, its more interpretation of these rules that we've been talking about here.


You clearly weren't aware of the rules, because there is nothing to interpret!  Either it was normal flow of traffic, in which case using your phone for anything is an offense, or it was not normal flow of traffic, in which case using your phone for anything bar calling is an offense.

You broke the law.  There is no other way to interpret it.  I would be right behind you if you were calling someone to say you're stuck in traffic at an accident and would be home late and the officer ticketed you, but that isn't the case.  You text messaged (illegal) and you used your phone to take a photo (illegal).


Well no, I didnt text message because the message wasn't opened, I glanced at the lock screen before going straight to the camera.  It doesnt specify anywhere that taking photos while driving is illegal.





Late 2013 MacBook Pro with Retina Display (4GB/2.4GHz i5/128GB SSD) - HP DV6 (8GB/2.8GHz i7/120GB SSD + 750GB HDD)
iPhone 6 (16GB/Gold/Spark NZ) - Xperia Z C6603 (16GB/White/Spark NZ)

Sam, Auckland 
Skype: tardtasticx

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