Hooning Offence In Queensland.

[82CNT]

Cheers bud. Ill be getting him to do the talking. Hopefully the solicitor and the judge drink together on weekends. Ill post up the outcome on this thread when the cane hits me.

[icer]

hopefully the judge doesn't want to make an example out of you....

[nang3]

farks sake these hoon stories make me sick.... a little skid here or there and bang your akin to a rapist/pedo/junkie in the eyes of the law and general public..

Australias gone farken soft on everything, political correctness is a disease that's killing this country.. take me back to the 70's where an LJ or XY spotted smokin it up on a backroad would be cheered on by Bluey and his cop workmates while they chug a VB and winnie red after a hard days work catching REAL EFFIN CRIMS FFS !!

but then the other end of the stick, we get POS teenagers stealing cars shoplifting raping bashing grannies etc and they get a slap on the wrist in case poor little nevilles feelings are hurt /end rant

[NB4C]

I feel for you buddy, I think these hoon laws are BS. Most of the people who get nabbed are just enthusiasts having the occasional fun, how often do you hear of Mr Initial D getting nabbed.

In an ideal society, there would be no such thing as victimless crimes. Why should it be anyone else's business whether I smoke my tyres or a stick of MJ for that matter.

Edited 23/04/10 01:46 AM by NB4C

[Buf-Phoon]

here here Nang

Just like those 2 cretins who attacked and robbed a 96 year old bloke knocking him from his scooter in Werribee.

He is also a veteran of Toorbruk who fought for his country. Farkin disgrace

I'll bet London to a brick the farkers when caught will get a slap on the wrist as they only stole $20.

Makes me blood boil farkin

[Iconic Bionic]

  On 22/04/2010 at 10:32 AM, tab said:

I'd recommend some proper legal advice mate, hooning charges are a criminal offence and call in about four different pieces of legislation. Not simply a case of here's your points and fine and on your way.

Are you sure his matter is a ciminal one, I dont know much about your state but I think it would be excessive to be in your crimes Act.

I.B.

[Buf-Phoon]

no one knows much about tab's state..............................fortunately

[tab]

Yup

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CriminCode.pdf

  Quote

328A Dangerous operation of a vehicle

(1) A person who operates, or in any way interferes with the

operation of, a vehicle dangerously in any place commits a

misdemeanour.

Maximum penalty—200 penalty units or 3 years

imprisonment.

(2) If the offender—

(a) at the time of committing the offence is adversely

affected by an intoxicating substance; or

(b) at the time of committing the offence is excessively

speeding or taking part in an unlawful race or unlawful

speed trial; or

© has been previously convicted either upon indictment or

summarily of an offence against this section;

the person commits a crime.

Maximum penalty—400 penalty units or 5 years

imprisonment.

(3) If the offender has been—

(a) previously convicted either upon indictment or

summarily of an offence against this section committed

while the offender was adversely affected by an

intoxicating substance; or

(b) twice previously convicted either upon indictment or

summarily (or once upon indictment and once

summarily) of the same prescribed offence or different

prescribed offences;

the court or justices shall, upon conviction, impose as the

whole or part of the punishment, imprisonment.

(4) A person who operates, or in any way interferes with the

operation of, a vehicle dangerously in any place and causes

the death of or grievous bodily harm to another person

commits a crime and is liable on conviction on indictment—

(a) to imprisonment for 10 years, if neither paragraph (b)

nor © applies; or

(b) to imprisonment for 14 years if, at the time of

committing the offence, the offender is—

(I) adversely affected by an intoxicating substance; or

(ii) excessively speeding; or

(iii) taking part in an unlawful race or unlawful speed

trial; or

© to imprisonment for 14 years, if the offender knows, or

ought reasonably know, the other person has been killed

or injured, and the offender leaves the scene of the

incident, other than to obtain medical or other help for

the other person, before a police officer arrives.

(5) The offender may be arrested without warrant.

(6) In this section—

excessively speeding means driving or operating a vehicle at a

speed more than 40km/h over the speed limit applying to the

driver under the Transport Operations (Road Use

Management) Act 1995.

operates, or in any way interferes with the operation of, a

vehicle dangerously means operate, or in any way interfere

with the operation of, a vehicle at a speed or in a way that is

dangerous to the public, having regard to all the

circumstances, including—

(a) the nature, condition and use of the place; and

(b) the nature and condition of the vehicle; and

© the number of persons, vehicles or other objects that are,

or might reasonably be expected to be, in the place; and

(d) the concentration of alcohol in the operator’s blood or

breath; and

(e) the presence of any other substance in the operator’s

body.

place does not include a place being lawfully used to race or

test vehicles under a licence or another authority under an Act

and from which other traffic is excluded at the time.

prescribed offence means—

(a) an offence against this section; or

(b) an offence charged on indictment involving the driving

or operation of a vehicle at a speed causing or likely to

cause injury to anyone; or

© an offence against the Transport Operations (Road Use

Management) Act 1995, section 79(1), (2), (2AA), (2A),

(2B), (2D) or (2J).

the public includes passengers in a vehicle whether in a public

or private place.

unlawful race means a race involving a vehicle in

contravention of the Transport Operations (Road Use

Management) Act 1995, section 85.

unlawful speed trial mean a trial of the speed of a vehicle in

contravention of the Transport Operations (Road Use

Management) Act 1995, section 85.

328B Additional power to convict for dangerous driving

(1) Upon an indictment charging a person with any offence in

connection with or arising out of the driving of a motor

vehicle by the person (not being the offence defined in section

328A), the person may be convicted of the offence defined in

section 328A with or without a circumstance of aggravation

specified in section 328A(4), if such offence is established by

the evidence.

(2) The provisions of this section shall apply notwithstanding the

provisions of section 576.

Good luck with that.

It all looks a bit over the top (and is), but the bolded bits is where it calls in other legislation which is what I assume to be relevant in this scenario

[Iconic Bionic]

What about 'wilfully create noise and smoke'? I think every other state just calls is a 'burnout'.

I.B.

[ofa180]

Get some character references,file them for submission to your hearing magistrate a few days before your court date. Save money on the solicitor. Most 1st time offences have been $300 & 2 demerit points.