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.

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Permalink Reply by Toby Brownrigg on December 26, 2010 at 18:24

or i could....not?

LOBBY sullivan said:

Or. Possbly. Kidnap his daughter and pretend we are cops then get oli n shit to save her
Then he will be stuck in limbo between skating and the law and eventually kill himself

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Permalink Reply by Ally Macintyre on December 30, 2010 at 1:17

Ummmmm......Im sure others have pointed this out but, it's illegal to drive without shoes. Due Care is a motorvehicle offense, so if he confiscated your shoes on the basis of Due Care...Wouldnt that be considered like, entrapment or something, setting you up for another crime? or maybe its just theft. I'm 15 and certainly no lawyer, I just thought id put it out here.

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Permalink Reply by harold jackson on January 28, 2011 at 0:12

you poor bastards.

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Permalink Reply by harold jackson on January 28, 2011 at 1:07

listen....the cop that got u ....well he's got a bloody sister cop in Queenstown..and shes 1 mother of a bitch, she tried to confiscate my butt board....but first they must warn you.."get off the *******board and ********walk it home"...cool I can do that, like its flat from here on anyway,an argument insued I tried being nice to her but man she was fair in my face...I just love how they pull out thier little note book ....sort of like a samuria slowly drawing his sword out...you think .."oh no dont cut my frigging head off"...anyway short story she tried to grab my board, I said "dont touch it ....u told me to walk it home" I of cause i spun round and walked off. 3 days later the cut snake cornered me out side the local supermaret..."you Mr Jackson will be recieving a court summons in the mail" .....I spoke with the superintendent (the boss of all the cops).....the higher up they are the more understanding they are. I got of the summons....but If I get caught riding again It wont be a fine or a summons thier going to shoot me on the spot!......Like I'll be ROADKILL!!!???

So is that the end of my riding days?.....NO.... The cops arent going to sit out there waiting for you 24x7 are they? ...try riding at 6am, thier be still drinking coffee at that time. If they confiscate your board your allowed to retrieve it in 7days time. If they arrest you your ********. Get a lawyer, whether the cops had the right to or not.

My advise...if your unlucky enough to meet the cops on the road again.....LEG IT.

Better still find something further out of town...

harold jackson said:

you poor bastards.

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Permalink Reply by Mozz on February 2, 2011 at 19:22

The Police CANNOT arrest you nor Take you to court for what you were doing from what you describe as they do not have powers of confiscation unless it is during the commission of a crime and IMHO Skate was not a crime last I looked.

What was the Posted limit on that steet / Hill ?

Sounds to me like the Cop had scoffed a packet of Laxette's for bloody breaky.

Get a GOOD public defender and advocate and have them TEAR the Legislation apart based on what your charged with .

I personally think you will have a good chance of getting a warning and low level fine with the other charges thrown out.

Let us all know the outcome please.

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Permalink Reply by Mozz on February 2, 2011 at 19:57

In the absence of local exceptions the following information should be considered the law:

(1)
Q - What is a skateboard under the law?
A - For the Australian Road Rules, a person in or on a wheeled recreational device or wheeled toy is a pedestrian, not a rider (as in cyclist) and not a vehicle. The laws that relate to skateboards apply within Part 14 (Rules for pedestrians) of the Australian Road Rules. Part 14 - Division 1 is about pedestrian laws. Division 2 relates to pedestrians of wheeled recreational devices.

(2)
Q - Where and when can I use this toy?
A - On roads that satisfy these conditions:

a road with no dividing line and no median strip; and
a road on which the speed-limit is equal to or less than 50 kilometres per hour; and
a one-way road with less than 2 marked lanes.

note 1: The exception to this is when a road is clearly marked as no recreational devices allowed.
note 2: You are permitted to be on a prohibited road on your skateboard for the purpose of crossing that road and only when taking the shortest possible route. You are not required to get off your skateboard to do this

(3)
Q - When can I use my skateboard?
A - During daylight hours

(4)
Q - How can I skate?
A - When on a road you can skate as fast as you want with as many people as you want but you must not be any more than 2 abreast with other riders. You must also stay to the left of the road.

(5)
Q - Can I skate on the footpath?
A - Yes. However you must keep to the left of the footpath or shared path unless it is impracticable to do so; and you must give way to any pedestrian (except a person traveling in or on a wheeled recreational device or wheeled toy) who is on the footpath or shared path. On a footpath or shared path bicycle riders must give way to skateboarders.
note: You must not skate on a footpath that has been specifically signposted as no wheeled toys allowed.

(6)
Q - Skitching looks fun, am I allowed to do that?
A - NO. A skateboard cannot be towed by a car nor can a skateboarder hold onto a car if it is moving. A skateboarder also cannot travel within 2m of a car continuously for any distance over 200m

(7)
Q - Do I have to be wearing a helmet?
A - No, but you might be considered stupid not to.

(8)
Q - Can the Police or a security guard confiscate by skateboard?
A - NO. For the state to confiscate your property there has to be special legislation or the item in question must be illegal to possess. ie drugs, knives. The only time they can confiscate something that it is legal to own is in the circumstance where special legislation allows or when a magistrate rules on this ie. the car hoon laws and this is tightly regulated as in they can't confiscate your car because you ran a red light or because of a minor traffic offense. A security guard is just another public citizen and has no special or implied powers.

The illegal dispossession of somebodies personal property is considered theft be that by Police, security guards, or any other person in the community.

The exception to this rule is in Tasmania where the state has special laws that allow you to either pay the fine or hand your skateboard over to police for 7 days but not both

(9)
Q - What should I do if the police bust me for breaking skateboard laws?
A - Be polite. If your are issued a fine than cop it like a man and move on. The fine is similar to a cheap or medium quality set of bearings ($40-$60) so don't whinge or sook about it.

(10)
Q - What is the penalty for committing one of the above offeneces?
A - Fines vary from state to state:
---- NSW - $54
---- QLD - $40
---- ACT - $67
---- SA - $57
---- VIC -$60
---- TAS - $35-$50 or except 7 day confiscation with no financial penalty
---- WA - $50

Now IF you have satisfied rule (2) Then look at rule (4)

IF you have satiffied Rule 2 EVEN if the Posted limit is 50KPH for Vehicles you are not subject to a Vehicular Speed limit because you are a Pedestrian because " Under the Legislation" You and your mates are Pedestrian's and as such cannot be charged with "Driving without Due Care and Attention" because you are not a "Driver" as set out in the Traffic Legislation's Description of a "Driver"

As per Rule (8) The Police nor anyone else can Confiscate your Gear.

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Permalink Reply by Sakamoto on February 2, 2011 at 20:36

Just a few thoughts on some of the areas of the Law mentioned:

Security Guards...they operate under the same section of Crimes Act as do the general public/citizens, and their main function is to be the eyes and ears of the Law Enforcement bodies, and supply information to said Law Enforcement.

They have the Power of Arrest, as does every citizen.

The main differance between Security Guards, of any level, and Law Enforcement, is that Law Enforcement can arrest and bring before the courts any offender based on "reasonable doubt" as to an offence. Security, however, must "eyeball/witness" an offence in order to detain an offender in order to bring before the courts.

Security Forces operate under a "Letter of Authority" obtained from a client, ie, shopping mall, construction site or any area where "static guards" are positioned.

Bearing that in mind, if a Security Officer "eyeballs" a law being broken, they have the power to detain in order to bring before the courts, any offender.

Alot of the discussions on this topic have been based upon the "Road Rules/Laws", which is fair enough, but there is one area of the law that everyone seems to have missed..."Endangerment". Endangerment is a law which covers the protection of "life and limb", and protection of same.

Scenario: your riding a gravity vehicle(any type), down a road, there's traffic on the road, your crossing lines and overtaking...Mrs Jones swerves to miss you and either damages her vehicle or has a panic attak which causes her to crash, then you can very conscievably be done for endangerment, which means you won't be riding your vehicle for a while. Why would you be done for endangerment??? Because you have caused her to alter her right of passage on the road and caused injury or psychological distress causing bodily harm.

A pedestrian standing in the road playing chicken with the vehicles will get busted under the same law.

Secondly, if you mouth off to the cops, they can charge you with the same law, because you are endangering yourself intentionally, especially if there's traffic and/or your travelling at speed.

Granted, you'd have to be a complete dick to get busted for this, however, this law does exist, and if your a dick, then you could get busted.

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Permalink Reply by Mozz on February 2, 2011 at 20:47

Good Points

Sakamoto.

See you next month

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Permalink Reply by harold jackson on February 2, 2011 at 21:00

If I make it to heaven Im hoping theres going to be no tiresome laws or cops crouched in the undergrowth waiting to jump out and belt the crap out of me.

Sakamoto said:

Just a few thoughts on some of the areas of the Law mentioned:

Security Guards...they operate under the same section of Crimes Act as do the general public/citizens, and their main function is to be the eyes and ears of the Law Enforcement bodies, and supply information to said Law Enforcement.

They have the Power of Arrest, as does every citizen.

The main differance between Security Guards, of any level, and Law Enforcement, is that Law Enforcement can arrest and bring before the courts any offender based on "reasonable doubt" as to an offence. Security, however, must "eyeball/witness" an offence in order to detain an offender in order to bring before the courts.

Security Forces operate under a "Letter of Authority" obtained from a client, ie, shopping mall, construction site or any area where "static guards" are positioned.

Bearing that in mind, if a Security Officer "eyeballs" a law being broken, they have the power to detain in order to bring before the courts, any offender.

Alot of the discussions on this topic have been based upon the "Road Rules/Laws", which is fair enough, but there is one area of the law that everyone seems to have missed..."Endangerment". Endangerment is a law which covers the protection of "life and limb", and protection of same.

Scenario: your riding a gravity vehicle(any type), down a road, there's traffic on the road, your crossing lines and overtaking...Mrs Jones swerves to miss you and either damages her vehicle or has a panic attak which causes her to crash, then you can very conscievably be done for endangerment, which means you won't be riding your vehicle for a while. Why would you be done for endangerment??? Because you have caused her to alter her right of passage on the road and caused injury or psychological distress causing bodily harm.

A pedestrian standing in the road playing chicken with the vehicles will get busted under the same law.

Secondly, if you mouth off to the cops, they can charge you with the same law, because you are endangering yourself intentionally, especially if there's traffic and/or your travelling at speed.

Granted, you'd have to be a complete dick to get busted for this, however, this law does exist, and if your a dick, then you could get busted.

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Permalink Reply by harold jackson on February 2, 2011 at 21:44

Cops and skate boards dont mix......like Im yet to see a cop say " wow that looks like fun...gee I wish I could join you,have a nice day".....I dont think so. More like "OH OH heres a charging Rhino WHAT do I do!"......you cant talk sense to an angry rhino....unless you got a full time Wizard at your side..... your stuffed.

Best thing to do....... its real easy is go further out of town, I know it cuts but what the hell do you really want to be in a bull ring with an unreasonable rhino/s, forget trying to talk sense just avoid the poor things.

Maurie King said: