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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Premium MemberPermalink Reply by Dani on -
Nice to hear that small courts don't set precedents, I didn't know that. I hope you got the cops details guys. Name and number, all that jazz.
Nice one Pat, interesting read.
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Premium MemberPermalink Reply by Dani on -
Cops don't always win. You often hear of similar things happening which turn out to be of great detriment to the police and very positive for the opposing. It is that attitude which allows police to breach laws like this and get away with it time and time again.
Patrick Kennewell said:The main thing is the cops win either way. If u win the court case they will just get a slap on the wrist. And have managed to detain your gear for 2 mobths. If you lo se youll get fined aswell.
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Permalink Reply by Robbo on
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The charge of 'Due care' or more specifically driving without due care is a vehicle charge. Its not a very serious offense but is often given to somebody that is at fault in a traffic accident, even a minor traffic accident like reversing into somebody.
The legal term is 'driving a vehicle without due care', this would be very hard for the prosecutor to stick in a court as this is very specifically a motor vehicle charge. On the flipside the police prosecutor would be putting themselves in an interesting position trying to establish this as they would be asking the court to treat you as a motor vehicle and hence establishing your right to use the rd.
Regarding your gear you would need to write a proper legal letter to police requesting you property back which I think you would have no problem achieving.
If asked to, do not make any comment to media about this. You will not gain anything by debating a journo about what is a very minor case, if you have no experience in this they will just sound grab you and make you look stupid
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Permalink Reply by DAILY GRIND on
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this is bull
i have been talking to some groms tonite, and their parents are cops. i have been trying to work out this bullshit were cops have been taking boards. but yeah this is a whole new ball game. like robbo said i really dont see how u can be charged with due care. form my conversations tonite the cops really have no understanding of the laws towards skateboarding at all. what u did is simply a fine. if u guys need help let me know. im gonna talk to some of these cops and get some background info on this.
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Permalink Reply by Bowditch on
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yeah sean nice work maine!!!! hmm sucks balls guys, will be interested in how this plays out though! should get in touch soon ehy
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Permalink Reply by Geoffrey Templer on
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hopefully the cop makes a dick of himself, loses his job and this turns into good publicity for longboarding. i have no clue about the legal stuff but it sounds like its all bullshit.
and... they took your shoes.. if you were in a car and they charged you with 'due care', they wouldn't have taken your shoes im sure...
good luck willy boys :)
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Permalink Reply by leighgriffiths on
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i have a feeling all the cops that saw the news articles about us bombing the freeway and are strongly opposed to it are now out to get us.
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cheers bow. yeah i just dont get this. been goin over road rules with heaps of groms lately coz the harassment just gettin out of hand and i sort of knew they might come up with something new. but this goes too far.
what doesnt make sense is a skateboard is classed as a small wheeled vehicle, and while we have some restrictions like not skating on lined roads, bein charged with due care seems a far far stretch. maybe if they were ridin bikes, coz they gotta follow most of the same road rules as a car. so im wondering if they just wanted to do the boys over and were looking for something to charge them with and some how they came up with this regardless of whether it sticks or not.
whats interesting is what happens now?????
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Permalink Reply by Toby Brownrigg on
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i agree
leighgriffiths said:i have a feeling all the cops that saw the news articles about us bombing the freeway and are strongly opposed to it are now out to get us.
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well yeah def possible. what i do know from some earlier conversations ive had is we are a new hot topic at their intel briefings.
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