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476 posts

Ultimate Geek
+1 received by user: 46


  Reply # 714181 8-Nov-2012 14:38 Send private message

Be a man and pay your fine.





6 posts

Wannabe Geek


  Reply # 714182 8-Nov-2012 14:42 Send private message

KiwiNZ: You could take the attitude that the Policeman was doing his job of trying to keep you and other motorists safe on the roads.

If it was safe enough for the police officer to walk up to the car and have a discussion with the driver all without having removed the vehicle from the 'flow of traffic' or without using any other safety measures such as flashing lights etc then I think it could be argued that the police officer was focusing on technicalities rather than resolving an unsafe situation.

1161 posts

Uber Geek
+1 received by user: 128

Subscriber

  Reply # 714185 8-Nov-2012 15:00 Send private message

Did the police man actually take all your details in the 1:30 sec you were stationary?

I say you never get the ticket, but should take it as a lesson on what is appropriate while driving.

Phoning, texting, photography all take your attention off the road. For me 1:30 being stationary is definately still in the flow of traffic.

My definition of out of the flow is pulled off to the side of the road.




I know a little more than nothing but not much...

7660 posts

Uber Geek
+1 received by user: 439


  Reply # 714186 8-Nov-2012 15:01 Send private message

KiwiNZ:
mattwnz:
KiwiNZ: You could take the attitude that the Policeman was doing his job of trying to keep you and other motorists safe on the roads.


If they really wanted to do something, they would increase the fines and take a tougher line on actuall calling and texting, who are actually 'moving'. There are still a huge number people I still see driving with a phone next to their face (many are realestate agents). Many I suspect see the fine as a small price to pay for the loss of business of not answering the call.


That is not up to the Police, the Politicians make the Laws.


Yes but it is up to the police to use their discretion when policing that law. That is why in this case I think a warning would have sufficed. If they aren't using discretion, then the laws need to be a lot better.

384 posts

Ultimate Geek
+1 received by user: 4

Subscriber

  Reply # 714195 8-Nov-2012 15:13 Send private message

mattwnz:
KiwiNZ:
mattwnz:
KiwiNZ: You could take the attitude that the Policeman was doing his job of trying to keep you and other motorists safe on the roads.


If they really wanted to do something, they would increase the fines and take a tougher line on actuall calling and texting, who are actually 'moving'. There are still a huge number people I still see driving with a phone next to their face (many are realestate agents). Many I suspect see the fine as a small price to pay for the loss of business of not answering the call.


That is not up to the Police, the Politicians make the Laws.


Yes but it is up to the police to use their discretion when policing that law. That is why in this case I think a warning would have sufficed. If they aren't using discretion, then the laws need to be a lot better.




Very good point and true when it comes to a lot of recent laws. Many laws seem to me to be made mainly to appease the voting public, when the actual issue could have been addressed just as well by policing existing laws.

86 posts

Master Geek
+1 received by user: 4


  Reply # 714197 8-Nov-2012 15:23 Send private message

"What would or could have happened if OP had stopped his car, and taken the photo from outside his vehicle?"

Then he could be fined $250 for being a pedestrian on a motorway and potentially $150 for stopping on a motorway.




2392 posts

Uber Geek
+1 received by user: 137


  Reply # 714218 8-Nov-2012 15:56 Send private message

nakedmolerat:
tardtasticx: Lol the amount of people who have said "Omg you always say you're so broke blah blah" (I'm a full time student) is insane, they know this phone costs a lot but I got it on contract, taking $250 off the price to start with, and I got 12 month deferred payment, I havn't actually paid a single cent of this phone off at all yet.


excellent money management skill..


It is tbh, 

I'm going back to work over summer and I knew this, I have a job on hold whenever Im studying, employer is really nice about students actually. If I didn't then I'd have put the phone on a credit card and been paying the phone off slower, over a longer period of time, while paying interest. Getting deferred payment means I still pay it off, but at a much quicker rate, with no interest. I'll be paying it off in in a couple of months anyway when I get the first pay. 

In regards to someone saying what would happen if pulling over and getting out of the car was what I did, then I guess I could be charged with walking on the motorway and stopping on the motorway without reason (something along those lines) and I imagine those would be quite considerable fines, I assume this is meant if the traffic is in normal flow, but because the traffic was not, I wasn't able to move at all, and tehre was no where to pull over. 

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.





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

155 posts

Master Geek


  Reply # 714227 8-Nov-2012 16:13 Send private message

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. :)

7660 posts

Uber Geek
+1 received by user: 439


  Reply # 714236 8-Nov-2012 16:24 Send private message

blair003: Very good point and true when it comes to a lot of recent laws. Many laws seem to me to be made mainly to appease the voting public, when the actual issue could have been addressed just as well by policing existing laws.


Also I think many of the laws are intentionally vague, so they get tested in court. Court then creates a precedent.

2385 posts

Uber Geek
+1 received by user: 292
Inactive user


  Reply # 714265 8-Nov-2012 17:22 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 k new was well within your rights to do so. :)


So you saying he should challenge the law by telling a lie? Good advice mate!

410 posts

Ultimate Geek
+1 received by user: 9


  Reply # 714288 8-Nov-2012 18:00 Send private message

I cant believe I wasted my time reading 7 pages of discussion and argument over something that hasnt happened.

That must be some kind of record.

2506 posts

Uber Geek
+1 received by user: 551

Subscriber

  Reply # 714294 8-Nov-2012 18:05 Send private message

SpookyAwol: I cant believe I wasted my time reading 7 pages of discussion and argument over something that hasnt happened.

That must be some kind of record.


yep have to agree there, its turning into something bigger than Ben Hur. Must be nothing happening of any interest elsewhere




Galaxy S5 G900F
Samsung (custom)  KITKAT 4.4.2 

Galaxy Gear 2  Smart watch (great gadget )





155 posts

Master Geek


  Reply # 714307 8-Nov-2012 18:35 Send private message

BraaiGuy:

So you saying he should challenge the law by telling a lie? Good advice mate!


Think of it as more of a bluff to test the integrity of their evidence and record keeping. :)

1640 posts

Uber Geek
+1 received by user: 363


  Reply # 714345 8-Nov-2012 19:21 Send private message

amigo:
BraaiGuy:

So you saying he should challenge the law by telling a lie? Good advice mate!


Think of it as more of a bluff to test the integrity of their evidence and record keeping. :)


Better delete this thread then where the OP admits he broke the law....and the sooner the better for all our sake.  7 pages!  OMG   




Artificial intelligence is no match, for natural stupidity



BDFL
50729 posts

Uber Geek
+1 received by user: 5100

Administrator
Trusted
Geekzone
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  Reply # 714348 8-Nov-2012 19:25 Send private message

Too late. I know of at least two police officers who are active on Geekzone and read this topic ;)





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