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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My son had his car impounded for excessive noise he was turning

Customer Question

My son had his car impounded for excessive noise he was turning a corner there was no smoke and no skid marks on the road
Also the police have put on the ticket the street that he pulled into to greet them not the street they put their lights on to pull him over
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

What exactly are you asking?

Customer: replied 1 year ago.
Ok what exactly is excessive noise is there a way to defend it and as the police wrote down the wrong st where the allege offense occurred can he get off on a technical he is 18 and needs his car for work and he needs to appear in court what is the best way to defend himself in court so he doesn't end up with a criminal record
Expert:  Leon replied 1 year ago.
Good Evening

It is section 62A of the Road Traffic Act that he is charged under and there is no definition of what is excessive noise and there is no definition in the act.

The following link is the section

http://www.austlii.edu.au/au/legis/wa/consol_act/rta1974111/s62a.html

It appears to be what the officer at the time beleives.

Now having said this the following case is an appeal about this very same thing.

In this case it was a screetching noise that the policeman heard.

The judge bases the decision on what the officer and other witnesses say.

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/wa/WASC/2007/295.html?stem=0&synonyms=0&query=wa%20consol_act%20rta1974111%20s62a

What does your son say happened? Was there noise?

Customer: replied 1 year ago.
He said there was very little noise and it happened as he was changing gear to turn the corner there was no smoke no skids and wrong street recorded
Expert:  Leon replied 1 year ago.
Good Evening

There does not have to be smoke only noise.

He will have to look at the case I have sent you and he will see how the courts deal with these types of cases.

Does he have a set of facts from the police to know what they are saying?
Customer: replied 1 year ago.
What do you mean
He said they said the tyres were in good order so the noise wasn't from bad tyres whatever that might mean
Expert:  Leon replied 1 year ago.
Good Evening

I am asking does he have details of what the police are saying? The police usually give you a set of facts their evidence to back the charge.

The case I am referring to is the one I have given you above.
Customer: replied 1 year ago.
No the impounded noise just states excessive noise occurring on a name street after the said fact
Is he able to appeal or is it better to just wear it he said he wasn't making excessive noise just the squeal of tyres
Expert:  Leon replied 1 year ago.
Good Evening

He can ask that it be withdrawn and give an explanation if they refuse then he can elect to have it go to court for the court to decide.

Always best to ask it is withdrawn before he has a hearing.

If it goes to court then he should get the police evidence before the hearing so he knows what they have against him.

He should seek to have it withdrawn first.

I hope this is of assistance.

Customer: replied 1 year ago.
One more thing how do you get police evidence
2 what about the wrong st being written down he does have to appear in court
Expert:  Leon replied 1 year ago.
Good Evening

Once you elect to have it go to court the police will then give you their full evidence.

The incorrect street etc is not really relevant as they gave him an infringement notice and they identified him.

Does this all make sense?

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Deborah Awyzio
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Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience