We got ARRESTED for skating!
Ok, well...
Myself, Dion and Nat were on our second run of Willy Hill this afternoon when a cop met us down the bottom. And as it turned out, he wasn't a very nice one. After telling us how stupid we are, he asked our ages and seemed delighted to find out we are all adults. He then called up another cop and proceeded to ask him how many things he could charge us with and if he could arrest us. After getting off the phone, he told us we were all under arrest and he was charging us with 'due care' (something about being reckless apparently).
Then the three of us hopped into the police car and went to the local police station. When we got there we were each individually interviewed and had our DNA, fingerprints and photos taken. Then they seized our boards, helmets, gloves, shoes, leathers, and my GoPro camera. Then after applying for bail, we were left with just our skins on sitting in separate cells until we were allowed out.
Apparently we now have a criminal record. And have to attend court late January next year.
Not sure when we get our skate gear back...but it wont be before we've been to court.
Does anyone know if this is even possible? Or are we just extremely unlucky? We've been caught on that hill before but only received a $57 fine. This has just taken it to a whole new level.
I'm a bit devastated about them taking all our stuff :( really wanted to skate this weekend haha.
Myself, Dion and Nat were on our second run of Willy Hill this afternoon when a cop met us down the bottom. And as it turned out, he wasn't a very nice one. After telling us how stupid we are, he asked our ages and seemed delighted to find out we are all adults. He then called up another cop and proceeded to ask him how many things he could charge us with and if he could arrest us. After getting off the phone, he told us we were all under arrest and he was charging us with 'due care' (something about being reckless apparently).
Then the three of us hopped into the police car and went to the local police station. When we got there we were each individually interviewed and had our DNA, fingerprints and photos taken. Then they seized our boards, helmets, gloves, shoes, leathers, and my GoPro camera. Then after applying for bail, we were left with just our skins on sitting in separate cells until we were allowed out.
Apparently we now have a criminal record. And have to attend court late January next year.
Not sure when we get our skate gear back...but it wont be before we've been to court.
Does anyone know if this is even possible? Or are we just extremely unlucky? We've been caught on that hill before but only received a $57 fine. This has just taken it to a whole new level.
I'm a bit devastated about them taking all our stuff :( really wanted to skate this weekend haha.
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Replies to This Discussion
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Permalink Reply by Odiwan on
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This sucks in so many ways... I just did a search and found this:
"Challenging Reckless Driving in Court
# Reckless driving can be defended in court by arguing that the laws or ordinances were not clear. This would mean that the law was unconstitutional and void because the definition of the law was so vague. For the most part, states have succeeded in proving that the laws defined the rules clearly, but some have found that the laws were, in fact, unconstitutionally vague.
Read more: What Is Reckless Driving in General? | eHow.com http://www.ehow.com/about_6116377_reckless-driving-general_.html#ix... "
Okay, so this is from an online discussion of driving laws in the US but I think that the main point is that skating laws in this country are definitely somewhat vague, and that unless you were intentionally trying to cause harm, the "due care" wouldn't come into play. Unfortunately, I am not a lawyer, so I am just conjecturing, but I think that there must be a way to fight this. This stinks of personal bias and misinterpretation of laws on the part of over zealous police.
Any lawyers here?
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Premium MemberPermalink Reply by Dani on -
Guys, this is serious stuff. That court date in January will set a precedent for new laws and new punishments. Whatever the result of this coming court case is will set the standard for the rest of the country.
These 3 guys need to be represented and they need to be represented damn well. If there was ever a time for a skater, association or company to show dedication to the future of the sport, this is it. These guys need a lawyer to represent them and they need the funding to push our point of view across. This will not just go away.
You 3 need to get your facts straight and know EXACTLY what is going on. What were you charged for EXACTLY? Have you been fined? What is the result of you losing the court case (ie. fine, community service, prison).
Find out how much a lawyer costs in your area, take your one free consultation and see what he says. I am happy to throw some money your way when the time comes to help you get the best result possible. I hope everyone else will say the same.
I cannot stress enough the effect that this case will have on the rest of the country. This is how laws are built and referenced.
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Permalink Reply by Robbo on
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a couple things:
Youtube is full of people getting arrested for skating. This does not mean a court is going to agree with the cops, it usually just means you got a freak cop. You don't have a criminal record, a criminal record is when a court convicts you of an act and than specifically records the conviction. What you have is a police record, but so does everybody else. A police record is an informal record of dealings with police. This includes any dealings anybody has ever had with police good or bad and has absolutely no bearing on anything now or in the future and is irrelevant of you being innocent or guilty.
Sometimes police lay ridiculous charges which are later dropped by the prosecutor before it comes to court as they have no chance of conviction. My advice would be to get a solicitor for this, request the 'Police statement of facts' as soon as possible and take a close look at the charge. If you don't mind doing it, scan and email me a copy of this and myself and Haggy (lawyer) will look it over it and give you some advice on what you should do.
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a side note:
I assume this is an offence that will be seen in the local court. The local court has no power to set precedence
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Permalink Reply by matty leadfoot on
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You were taking due care.
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Premium MemberPermalink Reply by Oliver Dowie on -
The cop actually told us that we have a criminal record. Probably just trying to scare us. The charge that is written down is 'Due Care'. We haven't been fined yet. All that will be decided in court. Robbo, I'll definitely get onto that. Thanks!
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Premium MemberPermalink Reply by Oliver Dowie on -
Yes, local court
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Premium MemberPermalink Reply by Oliver Dowie on -
I didn't get anything back!
nat mcmurtrie said:well i got my shoes back olly what about you?
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Premium MemberPermalink Reply by haggy on -
Definitely get a lawyer and contest this. It's absolutely ridiculous. They are treating you guys like criminals when nothing could be further from the truth. My bet is that unless you get a corrupt pro-cop magistrate the police will be criticised for this.
Where do you guys live?
If you don't have much money go to legal aid. Their lawyers are overworked but generally pretty good, young and energetic. I should know, my girlfriend is one. My bet is any criminal lawyer would love this case as it reeks of police abuse and overstepping of authority, nevermind a complete disrespect for any semblance of civil rights.
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Premium MemberPermalink Reply by Lea Robbo on -
http://wikiskate.com/olf2/index.php?PHPSESSID=cad53k6as79pspp4oa68m...
Check this out...
This is a court issue which came up in Ontario, Canada. Five skaters charged with careless driving. They fought the charge because as the law states, skateboards are not considered vehicles and won.
http://i3.photobucket.com/albums/y64/joker540/IMG_0080.jpg
~ Patrick
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Premium MemberPermalink Reply by Gabe on -
PCTDS
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