Police not knowing the rules

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446 posts

Ultimate Geek

Reply # 714355 8-Nov-2012 19:39
You deserve the ticket as a deterrent from slacking on your study.

BTR

142 posts

Master Geek

Reply # 714486 9-Nov-2012 08:17
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.

tardtasticx

1932 posts

Uber Geek

Reply # 714489 9-Nov-2012 08:24
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'? Sam, Auckland Skype: tardtasticx

Klipspringer

1298 posts

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Reply # 714510 9-Nov-2012 09:15
Can we lock this one? Offense can never be given, only taken ...

freitasm

BDFL
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Geekzone

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Reply # 714568 9-Nov-2012 11:10
I don't think we need to - at least not yet. Mauricio Freitas (Geekzone Admin, Devil's Advocate, my blog, technology disclosure, my tweets, Web Performance Optimization) Geekzone Price comparison \| Amazon Kindle order page \| How to get the best out of Geekzone \| New Zealand IT Jobs \| Geekzone News \| Jinglebugs

Chainsaw

323 posts

Ultimate Geek

Reply # 714598 9-Nov-2012 12:31
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!

DravidDavid

732 posts

Ultimate Geek

Reply # 714612 9-Nov-2012 12:49
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 it a blessing in disguise!

gkjb

98 posts

Master Geek

Reply # 714614 9-Nov-2012 12:49
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

DravidDavid

732 posts

Ultimate Geek

Reply # 714619 9-Nov-2012 12:55
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 it a blessing in disguise!

shadybrothers

228 posts

Master Geek

Reply # 714623 9-Nov-2012 12:58
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!

SpookyAwol

333 posts

Ultimate Geek

Reply # 714829 9-Nov-2012 17:14
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 ;-)

Kyanar

1939 posts

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Reply # 714865 9-Nov-2012 18:48
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).

richms

8811 posts

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Reply # 714911 9-Nov-2012 20:58
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

joker97

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Reply # 714925 9-Nov-2012 21:21
not to mention trying to eat hot pies on the run or the double whopper Apologies for poor typing standards when on Samsung Galaxy S4

tardtasticx

1932 posts

Uber Geek

Reply # 714939 9-Nov-2012 21:35
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. Sam, Auckland Skype: tardtasticx

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