Victim of "The Boy Racer" Act

[NVADER 54]

Hey all,

4 days after buying my E36, I get pulled over by the police, and have my car impounded. The evidence they used to justify this was a letter from a member of the public, and a series of photos showing me driving around a mates car, talking to him while parked next to him, and finally of me leaving - no smoke, no sideways cars, no marks on the road, and not even spinning wheels.

I'd taken the car to a mechanic earlier in the day as it was behaving very sluggishly. This turned out to be due to a blocked cat converter, and worn gromit on the throttle cable adjuster, so with foot the the floor, the car was getting a max of between 2/3 and 3/4 throttle.

So, I've been accused of doing "at least 3 donuts" in a 2.5l, automatic 325i, with 18x8" wheels, 4 people in the car, a blocked exhaust, and a max of 3/4 throttle, and supposedly I managed to do this without leaving a single mark on the road on a bone dry day. When I put that to the police officer, her response was that "you don't always leave a mark". As a result of this, my car was impounded immediately for 28 days, and I'm going to be charged with sustained loss of traction which carries a maximum penalty of $4500 in fines, and a minimum 6 month licence suspension.

To me, the whole thing seems to be a gross invasion of my right to be innocent until proven guilty. I've never had a single driving conviction, the car was legal and tidy (it's even certed for the wheels and lowered suspension), and the evidence the police have equates to heresay. I've been in contact with MP David Cunliffe in regards to the above (and through him Clayton Cosgrove) who has responded as follows:

"Thank you for your email, which I thoroughly agree with. I am copying it

to our Law and Order spokesperson Hon Clayton Cosgrove and our Justice

Spokesperson Charles Chauvel MP, for their consideration. You raise in

my view important principles of due process. It highlights a major risk

around the "boy racer" legislation."

Anyway, it's a big ask but, what I'm trying to find at the moment is someone knowledgeable about BMW's/driving/motorsport, who could write some sort statement about their experience in the field and the technical difficulty of what I'm alleged to have done.

Any help would be greatly appreciated.

Cheers,

Seamus

0272669669

[Gaz 1042]

Any half intelligant judge 'should' look at the evidence against and see right through it as the case against you seems rather weak from an outsiders point of view.

Just turn up to court in, present your case and don't act like a fool in court and you should come out on top.

[M5V8 337]

dude that sucks, unfortunately this is what legal road users get for the idiot few.

I would suggest your best bet would be to get something dated, in writing from the mechanic who diagnosed the car. They would be in the best position to accertain the power and therefor skid potential of your car at the time of the alledged offence.

Anything from members here (whether involved with motorsport or not) would be purely speculative.

I would assume when it goes to court the member of public whom took the photograph's would have to front up and provide evidence under oath? or has the rights of the accused been trampled on with these laws?

Get yourself a traffic specialist lawyer.

[DRTDVL 0]

They could say you used diesel or something to sustain loss of traction with little power

[Phatputer 3]

Well, seems like a great case where reasonable representation on your behalf will see this thrown out very quickly.

This sounds very much a case where the police would like to "Make an example" out of someone regardless of the "facts"

[M5V8 337]

They could say you used diesel or something to sustain loss of traction with little power

you would see that in the pictures wouldn't you?

[pjay 8]

Why don't you write into the Police as per regular process?

[gouba 0]

Lawyer up, will be the best money you can spend in the 5 years easy

[Lucan 196]

I got pulled over the other day because of "The Boy Racer Act" and got threatened with having the 318i impounded, aparently your not allowed to accelerate excessively (his words) to 50kph when overtaking another vehicle going 30kph on a four lane road.

I feel for you, now these anti-boy-racer rules exist the act is being used on the people they're meant to be protecting. Complete rubbish.

[Surge 1]

Here is the legislation specifically related to phat skids.

"LAND TRANSPORT ACT 1998 S22A Persons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads

(3) A person must not, without reasonable excuse, operate a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction unless the operation of the vehicle in that manner is authorised by law."

Elements of the charge:

- operate a motor vehicle

- without reasonable excuse cause the vehicle to undergo sustained loss of traction

- unless authorised by law

There are cases where a stuck accelerator cable has got the alleged offender off, as the court held that the idea behind was the legislation was to prevent "stunts" on the road - and that was not intentional.

You won't be contesting the operating a motor vehicle side of the charge (unless someone else was driving...)

Nor will you be contesting that what they alleged was authorised by law (as you weren't at a motorsport event etc...) If a donut was done, you'd be contesting the 'sustained' element of the charge, a slight squeal of the tyres is not sustained - sustained means a 'deliberate action - with intent'.

A mechanics explanation won't be much use to you as you'll effectively have to argue that the car could not have possibly done 3 donuts, which as we know - a 325i can quite easily.

You'll be arguing that if you 'drove around a mates car' you did it without losing traction - or you'll want to seek to discount the other sides evidence - aka the photos. Until you see the photos you don't know how incriminating they are. Go talk to a lawyer they'll get you the police disclosure - they'll send you a photocopy of what the police officer wrote down in their notebook when questioning you, and will disclose the alleged photos.

In the short term, go down to the police station and appeal for the release of your vehicle on the grounds of insufficient evidence. You'll prob have to talk to the traffic guy (usually in the main public recption area)

Edited February 10, 2011 by Surge

[Surge 1]

I got pulled over the other day because of "The Boy Racer Act" and got threatened with having the 318i impounded, aparently your not allowed to accelerate excessively (his words) to 50kph when overtaking another vehicle going 30kph on a four lane road.

I feel for you, now these anti-boy-racer rules exist the act is being used on the people they're meant to be protecting. Complete rubbish.

You can accelerate to 50kmph as fast as you want providing you don't do it in a race, or break any other road rules. I admitted in court that I accelerated past 50kmph which lost me my licence on an excessive acceleration charge as that was the only thing the cops were going for. :banghead: You live and you learn...

[Lucan 196]

Obviously the old fart who pulled me over targeted me because I'm young, overtook a vehicle and have a slightly low car with nice wheels. I should send a bill for wasting my time to the Ellerslie police station

[diablo23 1]

ahh ellerslie police station nickname for that place is the snakepit

all they do is hide in the long grass waiting to stirke lol

[Apex 693]

Im sorry to be the pessimist but I have found through endless run ins with the Police that 99% of the time I was in fact being a d*ck head or genuinely pissing off the public and deserved what I got.

Man up and take mantrol.

PS I just waisted two Police cars up the Bombay’s with a new record for my 1.3 Corolla at a speedometer indicated 110 KPH. Blasted past them like they were. NWA would have been proud.

Edited February 10, 2011 by Apex

[kiwi535 538]

Hey all,

4 days after buying my E36, I get pulled over by the police, and have my car impounded. The evidence they used to justify this was a letter from a member of the public, and a series of photos showing me driving around a mates car, talking to him while parked next to him, and finally of me leaving - no smoke, no sideways cars, no marks on the road, and not even spinning wheels.

I'd taken the car to a mechanic earlier in the day as it was behaving very sluggishly. This turned out to be due to a blocked cat converter, and worn gromit on the throttle cable adjuster, so with foot the the floor, the car was getting a max of between 2/3 and 3/4 throttle.

So, I've been accused of doing "at least 3 donuts" in a 2.5l, automatic 325i, with 18x8" wheels, 4 people in the car, a blocked exhaust, and a max of 3/4 throttle, and supposedly I managed to do this without leaving a single mark on the road on a bone dry day. When I put that to the police officer, her response was that "you don't always leave a mark". As a result of this, my car was impounded immediately for 28 days, and I'm going to be charged with sustained loss of traction which carries a maximum penalty of $4500 in fines, and a minimum 6 month licence suspension.

To me, the whole thing seems to be a gross invasion of my right to be innocent until proven guilty. I've never had a single driving conviction, the car was legal and tidy (it's even certed for the wheels and lowered suspension), and the evidence the police have equates to heresay. I've been in contact with MP David Cunliffe in regards to the above (and through him Clayton Cosgrove) who has responded as follows:

"Thank you for your email, which I thoroughly agree with. I am copying it

to our Law and Order spokesperson Hon Clayton Cosgrove and our Justice

Spokesperson Charles Chauvel MP, for their consideration. You raise in

my view important principles of due process. It highlights a major risk

around the "boy racer" legislation."

Anyway, it's a big ask but, what I'm trying to find at the moment is someone knowledgeable about BMW's/driving/motorsport, who could write some sort statement about their experience in the field and the technical difficulty of what I'm alleged to have done.

Any help would be greatly appreciated.

Cheers,

Seamus

0272669669

make sure said mate is a witness to what ACTUALLY happened!

[pjay 8]

Why don't you write into the Police as per regular process?

In case my question gets missed. I have bypassed a few court summons by simply writing in and presenting my side of the story.

[w_elliot 7]

as this is a complaint from a member of the public, with photos that don't actually depict your car losing traction the police have very little ground to stand on. I wouldn't bother with a mechanics opinion. if a shitty old toyota starlet can rack phat rippys then so can your 325i. your best course of action will be to write in to the police and try have everything dropped by presenting your side of the story. failing that attend your court hearing, make the most of the court appointed lawyer and call a couple of mates as witnesses, and tell your side of the story. that way as long as you all say the same thing the judge has to take it as the word of one member of the public versus you and whoever you bring in with you, and without any proper evidence will not be able to convict you.

it's also a good idea to wear a suit, they go a long way lol

good luck man

Edited February 10, 2011 by w_elliot

[*Glenn* 854]

Does "Victim of "The Boy Racer" Act" = " I got caught" ???? .... just wondering... seems a very familiar storey of late

BTW: No offence intended

[kinetik 4]

You can accelerate to 50kmph as fast as you want providing you don't do it in a race, or break any other road rules.

Persons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads

“(1) A person must not operate a motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road unless the operation of the vehicle in that manner is authorised by law.

http://www.legislation.govt.nz/act/public/....html#DLM187882 Edited February 10, 2011 by kinetik

[gouba 0]

Man up and take mantrol.

lol marketing at its finest

[Apex 693]

f**k my wife is a top NZ marketer and she laughed her head off as loud as I did.

Don't want to make it one of "those" threads but they should switch focus from speeding and highlight the fact 7 out of 10 Kiwi's cant handle their car at even the speed limit and drive as if they are half asleep..

[CamB 48]

Exhibition suggests showing off to someone. Me? I only ever accelerate for the joy of it.

[mark247 38]

If you are not talking bullshit, and you think you are actually innocent.. get a lawyer.

If you are trying to get out of being a wanker, get a lawyer anyway.

Personal experience tells me this.

[NVADER 54]

Hey.

Cheers for the replies so far. No I wasn't caught, and no, I wasn't doing anything illegal. The problem with this law is that the onus is taken off the police, and put onto me to prove that I DIDN'T lose traction, instead of the police having to prove that I did. In my opinion that's very wrong.

What I want is for someone impartial with proven knowledge to state in their view, how difficult it would be to commit the alleged act given the circumstances I've described. This was a fully loaded car, running like crap. Maybe I've always just had seriously underpowered E36's, but in my experience, to get one to actually lose traction you'd have to put it in right lock and floor it, and it would have to either have miniture wheels, or it would have to be very wet ,which it wasn't.

[Docile 64]

thats so crap. they basically but the burden of proof onto the victim. and not the other way around where the prosecutor has to prove that you did lose traction...