QLD Queensland Police Impounded Car

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Richard85

Member
27 July 2016
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0
1
Hi.

Unfortunately, I have had the same thing happen to me. I had 1 speeding ticket in the previous 5 years, my father was dying in hospital and i was in a rush to get there (not speeding or hooning at all). My only crime was owning a V8 HSV.

There really is nothing you can do if you get a lying police officer who uses their "discretion" or lack thereof to impress the officers back at the station.

My vehicle was impounded for 3 months on a first offense and I was left 140ks from home in probably one of the most horrible situations in my life.

I sent many letters to the station involved, police prostitution (intentional typo) and everything fell on deaf ears. I ended up having to pay a solicitor and barrister about $10k to take it through trial and I won over a year and a half later.

I lost my car, my job, my car, almost my house, and my father (he was going to die regardless but I was there to say my goodbyes and they took that from me). If it wasn't for my father's estate, I would have lost everything.

The service station cctv footage shows me driving off normally and not doing a burnout as the officers mentioned and that is the only thing that saved me.

Don't own nice things because the police will try and take it. Just buy a ute and you'll be ok
 

Rod

Lawyer
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27 May 2014
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Are you intending to sue the police for false accusations and costs of defending yourself? Not 100% sure but think deliberate false accusations are actionable against the police. Check with your lawyers. Worth investigating if you were out of work for some time - might be eligible for compensation.

Not sure if it is just my impression, but the QLD police seem to treat the public worse than other states.

Sorry about your father but congratulations, good to see you won your case.
 

Richard85

Member
27 July 2016
3
0
1
Are you intending to sue the police for false accusations and costs of defending yourself? Not 100% sure but think deliberate false accusations are actionable against the police. Check with your lawyers. Worth investigating if you were out of work for some time - might be eligible for compensation.

Not sure if it is just my impression, but the QLD police seem to treat the public worse than other states.

Sorry about your father but congratulations, good to see you won your case.

Hi Rod,

I am definitely taking it further. At this stage, I am awaiting a psychological report. The incredibly sad thing about these impound laws is the presumption of guilt without the burden of evidence being placed on the police unlike all other matters that the police attempt to persecute people for.

Not all cops are bad but the ones that are give the other 5% a bad name. The police had the CCTV from about a month after the incident and the still kept pushing this knowing full well that I was innocent.

Cheers for the condolences.
 

Rhiannon

Member
12 December 2017
1
0
1
Can’t believe they have these laws up here. Queensland cops are beyond corrupt. Revenue raisers and that is all.
And then your car was damaged after all that. Where are your rights in this?
My partner just got hit with this yesterday except his car doesn’t even produce smoke.
Man they need to create a free legal system to deal with this law and this section.
Just stupid
Any cop can say whatever the hell they want and get paid and that’s that. It’s nearly Christmas.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
This is messed up. I don't have anything useful to add. Just a complaint about legislation which allows the presumption of guilt.

What country have you been living in? DEFINATELY not Australia!

Presumption of guilt and the burden of proof of innocence is the foundation of all traffic law throughout Australia..... there are very few rules the police actually bother proving, such as speeding with Radar, and alcohol/substances, with breath test/other test. Whatever else the individual policeman decided you did, as far as the law is concerned, YOU DID IT unless you can 'prove' otherwise.

So the morel of the story is... be polite to police, because they are your judge jury and executioner (unless you can prove otherwise).