Wife Cops Neg Driving Charge.....

[RegSpec]

In December last year my wife was driving back from Canberra with our grandaughter in our then 10mth old XR8.

As she approaches Marulan, she drives into a rainstorm, knocks the cruise control back from 110 to 100kmh for the wet, she only got about 500 mts when the car aquaplanes, goes off the highway and straight into, then over, a tree stump, thankfully they both escaped with just bruising.

Being the first car we've ever had with cruise control, she was oblivious to the danger of using cruise in the wet and could easily have paid a much higher price for her ignorance of this.

My wife has been driving for nearly 40 years and has/had a perfect record.

The first person to arrive on the scene was an off duty police seargent who was critical of the partially blocked drain that was sending a flood of water across both lanes. He said that my wife was a victim of circumstance and to his credit, stuck around to tell reporting police, however, by the time reporting police got there, 2 1/2 hours later,the rain had stopped and so had the flood of water.

Bowral police have decided, after 6 months mind you, that she should be charged with negligent driving and that the off duty guy's statement does'nt come into it because he did'nt actually "see" the accident....

It just does'nt seem fair to me....what do you reckon?

PS: The reason it took 2 1/2 hours for 'em to get there........get this.

Goulburn cops were there within about 15 mins.....but... since no one was badly injured,even though the ambo'were called for my wife, and the fact that it was 300 mtrs inside Bowral's jurisdiction, they said "Bowral can handle it, we dont need the paperwork", then just drove off without taking so much as a name!!

Bowral police took over 2 hours to get there...I beat them to the scene from Sydney!!! Go figure.

[mbjunior99]

Sounds pretty damn dodgy to me but I wouldn't expect any less from them

[blu falc]

yes! it's a matter of principle but it will also affect your wifes insurance ect for years to come. Start by talking to a senior constable at the station person-person

[ZAP]

STUPID COMMENTS OR COP BASHING WILL NOT BE TOLLERATED.

I would fight it and get the statement form the OD copper tendered as evidence.

Aquaplaining from a river running across a highway is an excuse for an crash.

I bet it does not even make court, as it should be dismissed by the cops or the infringment beureau.

[iTec]

write a letter to the beuraeu of infringememnts explaining what happened in detail and they should let it go, from memory any accident that the police are called to somebody must be issued with an infringment (maybe somebody can confirm this) and it is generally neg driving

I'm with Zap, it shouldnt go to court.

[xr6 typhoon]

Was it over six months ago? I'm pretty sure you cant be charged with driving infringement if the incident happened over six months ago.

[ZAP]

12 months delay is the rule, but anything more than 2 weeks is frowned upon, unless there is a enquiry or investigation.

[tmac450]

Fight it for sure.

Cruise control had little to do with it. Aquaplane at 100ks is going to be an accident that not many drivers could avoid.

In reality, if you had the funds, you'd probably have a good case to sue the RTA for inadequate road drainage, causing the accident.

[Blonk]

Can I suggest a letter to the Attorney General detailing exactly what you have explained here and include a statement from the OD cop if you can....

[RHR]

All traffic matters have a statue of limitations of 6 months.. So the Officer in charge of the matter must take some sort of action in the 6 months be it no action or infringement notice or charge.

Police have a certian amount of time to issue infringement notices and generally cant issue them after 2 months.

I think the reason why your wife was charged was because in the minds of police she MAY have not been driving to the conditions hence the neg drive . Dont flame me.

I would take it to court and explain to the magistrate the circumstances behind the incident. Go into detail about the new car that she was not familiar with it. Explain that she had a little one with her and there is no way she would put his/her life in danger. Mention her traffic record and that she has never come under notice before the incident.

Magistrates are aware that Police only have six months to finalise things. If the magistrate thinks the officer has been slack in dealing with the matter the magistrate might just dismiss it.

If you need any more info just pm me mate.

Rob