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 Robert-Da-Bomb on -
Phil Bartlett said:Speed suits? They just didn't want to say leathers, cause it would make it sound like you were wearing safety gear, speed suits make it sound like you were being hooligans. Lol. Cocks.
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Permalink Reply by DAILY GRIND on
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channel ten adelaide is running the story tonite from 5pm adelaide time. the girl doing it said this will do a much better report (bloody hope so), and she will talk about how can skateboarders be charged with a motor vehicle offence when skating. and that the offence is a contradiction coz it means we are motor vehicles.
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Permalink Reply by Ben Shane on
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due care: while you're legally not a motor vehicle, you were kinda a road user, and you (could, i'm not sure) owe other road users a duty of care. thats how (to my limited legal knowledge) that works. someone correct me cuz i'm quite sure i've said something inaccurate.
also, I'm pretty sure due care is a torts law concept. hence
-they have to prove you owe a duty of care
-they have to prove you didn't reasonably try to uphold it.
I still don't think butting heads with the cops is wise. Just more fuel to the fire. =S
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Permalink Reply by Robbo on
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Let me correct you on a couple of things:
'Due care' and 'Duty of care' are two very different things. Duty of care pertains to a particular obligation one might have to be proactive in the execution of ones obligations to 3rd parties. Due care relates to a particular act an individual commits.
All of which is semantics anyway as the offence of Due care is very specific to motor vehicles in the transport act. It does not relate to road users but motor vehicles. Road users are not specifically motor vehicles but also pedestrians, cyclists, horses any anybody else on the rd.
Ben Shane said:due care: while you're legally not a motor vehicle, you were kinda a road user, and you (could, i'm not sure) owe other road users a duty of care. thats how (to my limited legal knowledge) that works. someone correct me cuz i'm quite sure i've said something inaccurate.
also, I'm pretty sure due care is a torts law concept. hence
-they have to prove you owe a duty of care
-they have to prove you didn't reasonably try to uphold it.
I still don't think butting heads with the cops is wise. Just more fuel to the fire. =S
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ASRA AdminPermalink Reply by bernie on -
I actually have some sympathy for the cop in this one, who is attempting to use a novel interpretation of the road rules in order to reduce the probabilty of him having to the world's most shit job........ie: the death knock!
Yes you are off the road for some time, and yes you will probably get an average lawyer to beat the charges, and yes it is going to cost you real cash, but have you got the message yet that cops don't like seeing people exposed to risks that they perceive as being too high (even though you all know you are in total and absolute control), because they are the ones that will be doing the world's most shit job, if the worst happens.
So when you meet the cop again at the steps of the court, show remorse, and politely thank him for doing his thankless job, cause the last thing that the rest of us need is a cop with a permanent grudge.
( being polite is not a show of weakness )
Proablaby a good time to stay off Willy Hill, The Freeway, and any other good road around SA until this dies down.
Probably also a good time to get the "ASRA - supports safety message" out there, and move the messages of support, those expressing indignation with cops, and legal advice comments to a members only forum, so that the press, or the police prosecutor, won't get easy access to any more ammo than they already have.
As to having skateboards classed a vehicles, that is the last thing that any of us need, cause that means having lights and brakes, and driving an unroadworthy vehicle added to the charge sheet.
Snap, just imagine being charged with reckless riding of an unroadworthy vehicle, in a public park, even though it was on a vert ramp!
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Permalink Reply by Ryan 'RY RY' Peterson on
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What you have is a cop who when he was a kid, was bullied.
BUT as soon as he puts on his suit, BAM, He is the boss.
I hope for you guys and for the future of Skateboarding, all ends well.
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Permalink Reply by Laurence Lombardi on
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If they are now charing us under motor vehcile offences, we should have the same rights as motor vehciles therefore being allowed to use the road to skate. Cause last time i remember hearing of all this we are classified as toys.
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yeah she was good. she actually researched the story first. and ended with a positive statement about the skate community.
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Premium MemberPermalink Reply by Oliver Dowie on -
Yeah it was pretty good. But they used our old footage when we had no helmets on :(
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