Australian's Lamborghini impounded after his mechanic caught speeding.

[saxonyron]

This is pretty crazy.  Where are private property rights in the great Down Under??  Omi, please explain!   And also maybe explain what the hell a "hoon" is?  The context is obvious, but is this a normal term that I've just never run across? 

Anyway, if this is really how that law is written, it ought to be run through the shredder.  A law that punishes a completely innocent person is as unjust a law as I can imagine.  What's up with that? 

Hoon laws put Lamborghini's owner on the highway to hell

January 8, 2010 - 3:55PM   WARWICK STANLEY




A Lamborghini Gallardo similar to the one impounded by WA Police.

He wasn't driving, he wasn't even in the car but a Perth doctor says his yellow Lamborghini has taken him down the highway to hell.

Patrick Nugawela, a GP with a sole practice in Greenwood, had the $200,000 car impounded after his mechanic was caught driving it at speeds up to 160km/h in a 90km/h zone in the city's east on Wednesday.

Dr Nugawela had left it in the care of the mechanic at a Malaga auto shop to be serviced.

Under Western Australia's anti-hoon laws, police can impound any car exceeding the speed limit by more than 60km/h, even if it is not the property of the driver.

In the only legal avenue open to him, Dr Nugawela applied to have the car released on hardship grounds after the driver was charged and the car was impounded on Wednesday afternoon.

He said he felt like an offender when he presented himself at Mirrabooka police station, where the car was first impounded, to lodge a release application.

"I was only told I could go when I asked how long I was going to be there. I felt I was just being kept there unnecessarily.

"I haven't heard from the police since.

"I found out my application had been rejected from a Channel Nine reporter."

He said he had also discovered through media reports that it will cost him $900 to release his car from impoundment and that his only way to obtain general compensation would be to sue the alleged offender.

Dr Nugawela said he uses the Lamborghini as his everyday and only car and has not received a penalty point in the three years he has owned it.

He said it appeared the politics of envy were being played out in his bid to recover the luxury vehicle.

"(Police Minister) Rob Johnson confirmed it," Dr Nugawela said.

"He said if he can afford a half-million (dollar) car he can afford to hire a vehicle.

"That would be fair enough ... but I am not the offender."

Mr Johnson also said a Lamborghini owner should be able to afford to catch taxis.

He has not commented publicly since telling reporters yesterday he had "some sympathy" for Dr Nugawela.

But he added: "It's a situation that he has to take up with the garage owner.

"It's not something that I'm prepared to change the law for, simply because somebody who owns a Lamborghini does not have that car for 28 days."

Police Commissioner Karl O'Callaghan, the only person entitled to permit a car to be released early, said today the anti-hoon legislation did not permit him to authorise the Lamborghini's release.

Opposition leader Eric Ripper said Mr O'Callaghan appeared to be acting on a correct interpretation of the law.

"So the responsibility comes back to the police minister," Mr Ripper said.

"Unfortunately this is a police minister who struggled through most of last year with an increasing lack of credibility on many issues."

[dazzleman]

This isn't that unusual.  I've heard of cars being impounded for certain violations here in the states.  My cousin had her car impounded because she didn't have an insurance card, and the card had equipment violations on top of that.  I've also heard of cars being impounded in DWI situations, and even serious speeding situations.

Let this be a warning to you, Ron.  Do we really want to see articles about an A-6 being impounded for excessive speeding by the 40-something year old male driver who has 37 kids? 

[saxonyron]

This isn't that unusual.  I've heard of cars being impounded for certain violations here in the states.  My cousin had her car impounded because she didn't have an insurance card, and the card had equipment violations on top of that.  I've also heard of cars being impounded in DWI situations, and even serious speeding situations.

Let this be a warning to you, Ron.  Do we really want to see articles about an A-6 being impounded for excessive speeding by the 40-something year old male driver who has 37 kids?  

Might make a compelling headline!    But I always make sure to keep at sub-impoundment speeds.  This Australian case is so absurd because it was the doctor's mechanic who was speeding, and even after impounding the car,  they won't release it back to the doctor.  He wasn't even in the car when it happened!  Seems very wacked to me.  Shame on those nazi cops!

[The Pirate]

Yeah, that's bullshit.  If it can be proved that he wasn't in the car at the time, then he should get it back, free and clear.  And for the Police Minister saying publicly that he can afford taxis if he can afford a Lamborghini?  Considering the owner is innocent, that's grossly out of line, and I'd be gunning for that guy to get a reassignment to janitorial duty (or at least a reprimand).

[dazzleman]

Yeah, that's bullshit.  If it can be proved that he wasn't in the car at the time, then he should get it back, free and clear.  And for the Police Minister saying publicly that he can afford taxis if he can afford a Lamborghini?  Considering the owner is innocent, that's grossly out of line, and I'd be gunning for that guy to get a reassignment to janitorial duty (or at least a reprimand).

Yes, I don't think they should be able to effectively confiscate the car.  That should only happen in drug situations, if then.

Did you ever the movie "Moving Violations?"  It's this crazy comedy where this corrupt judge sells the cars of traffic violators and steals the money.  It's pretty funny, and this is hitting too close to that.

[MX793]

Somebody correct me if I'm wrong, but if somebody steals a car and uses it to commit a crime, don't the police impound the vehicle?  While the vehicle wasn't stolen in this case, it was used to commit a crime (assuming that that sort of speeding falls under felony speeding or similar). 

And I'm pretty sure if a firearm is stolen and used to commit a crime, the rightful owner doesn't get it back.

[saxonyron]

Yeah, he's without the car for 28 days and the judge is basically laughing at him saying "go get a taxi you rich prick"  Shit!  A very ugly and childishly public display of the "politics of envy".  The dickheads involved in this should be publicly flogged and then demoted to toilet scrubbers. 

[The Pirate]

Somebody correct me if I'm wrong, but if somebody steals a car and uses it to commit a crime, don't the police impound the vehicle?  While the vehicle wasn't stolen in this case, it was used to commit a crime (assuming that that sort of speeding falls under felony speeding or similar). 

And I'm pretty sure if a firearm is stolen and used to commit a crime, the rightful owner doesn't get it back.

In that case the vehicle would be evidence in an investigation.  This is pretty cut and dry - vehicle impounded for speeding.  I mean, you're correct.  But something's rotten in Australia...

[saxonyron]

Somebody correct me if I'm wrong, but if somebody steals a car and uses it to commit a crime, don't the police impound the vehicle?  While the vehicle wasn't stolen in this case, it was used to commit a crime (assuming that that sort of speeding falls under felony speeding or similar).  

And I'm pretty sure if a firearm is stolen and used to commit a crime, the rightful owner doesn't get it back.

Sure, but I believe that's only if there's an investigation and the car is needed as evidence.  We're talking speeding here, so there's no greater good being served other than to punish the innocent owner. Incredible!

edit - I took too long. Please see Adam's post above.  Mine is deja-vous... 

[The Pirate]

Sure, but I believe that's only if there's an investigation and the car is needed as evidence.  We're talking speeding here, so there's no greater good being served other than to punish the innocent owner. Incredible!

edit - I took too long. Please see Adam's post above.  Mine is deja-vous... 

Great minds think alike, right?    Either that, or we both enjoyed the same type of beer with dinner...

I'll take either one. 

[FlatBlackCaddy]

yup, this could happen in the states too. My bro's truck was "tagged" as a DUI vehicle because of a friend driving it who got pulled over.

Long story short(for him and i imagine for this fellow), it will eventually be released to the proper owner. It will just be a PITA.

[SVT_Power]

I got my car impounded when I got my massive speeding ticket. Had to call a buddy to come pick me up.

[cawimmer430]

Let this be a warning to you, Ron.  Do we really want to see articles about an A-6 being impounded for excessive speeding by the 40-something year old male driver who has 37 kids? 

Actually, Ron might be arrested because social services will complain about child abuse. Stuffing 37 kids into an Audi A6? That's extremely cruel! 

People! Ford Excursions exist for a reason!!! 

[dazzleman]

I got my car impounded when I got my massive speeding ticket. Had to call a buddy to come pick me up.

That's priceless, man.  Has your case been resolved yet?

[saxonyron]

Actually, Ron might be arrested because social services will complain about child abuse. Stuffing 37 kids into an Audi A6? That's extremely cruel! 

People! Ford Excursions exist for a reason!!! 

  Hey, that's why I have the Suburban.  The kids stack very easily back there, and with the tinted windows, no one can see in. 37 kids?  No problem.  Even room for a friend or two.

[dazzleman]

 Hey, that's why I have the Suburban.  The kids stack very easily back there, and with the tinted windows, no one can see in. 37 kids?  No problem.  Even room for a friend or two.

The only problem is, you drive the suburban like a chick.  When you're driving that car, I expect you to start putting makeup on as you're driving.  I like riding with you in the Audi a lot better, man.  

[saxonyron]

The only problem is, you drive the suburban like a chick.  When you're driving that car, I expect you to start putting makeup on as you're driving.  I like riding with you in the Audi a lot better, man.  

That's it.  Now I'm mad.    I wasn't taking progesterone pills that day.  i was merely taking it easy since i had just gotten it and the dealer had managed to overlook balancing the tires.  I can't stand driving with the steering wheel shaking out of my hands, so I was going it slow.  Now that I'm a regular and it's all sorted out, I can assure you that you'll like the ride much better the next go around.  You should see that behemoth cruising at 85 with 8 people and a full luggage load.  it's a beautiful thing!  

[VTEC_Inside]

Same thing would happen here in Ontario if you got nabbed doing 50+ kph over.

Doesn't matter who owns it, its impounded for a week. Eddie can probably clarify, but the average fees are around $1000 just for the impound.

[dazzleman]

Did you ever come close to getting your car impounded, VTEC?

[dazzleman]

That's it.  Now I'm mad.    I wasn't taking progesterone pills that day.  i was merely taking it easy since i had just gotten it and the dealer had managed to overlook balancing the tires.  I can't stand driving with the steering wheel shaking out of my hands, so I was going it slow.  Now that I'm a regular and it's all sorted out, I can assure you that you'll like the ride much better the next go around.  You should see that behemoth cruising at 85 with 8 people and a full luggage load.  it's a beautiful thing!  

You know I'll give you crap as long as you're driving that estrogen-mobile.  I just can't help myself. 

[bing_oh]

In the states, vehicles are generally only impounded if they're evidence in a crime. They may be towed if the occupants are arrested and it can't be left on the roadway secured, but the owner would be able to get the vehicle by paying the tow/storage fees. Sometimes, a vehicle might be towed and a "holder" put on the vehicle because of equipment or registration violations that have to be fixed before it can be released.

I'd personally say that this stinks of an unfounded confiscation of private property, but that's not exactly unheard of in Australia (see their gun laws down under).

[SVT_Power]

Same thing would happen here in Ontario if you got nabbed doing 50+ kph over.

Doesn't matter who owns it, its impounded for a week. Eddie can probably clarify, but the average fees are around $1000 just for the impound.

Well I guess it depends on the towing company and where it is really, but I think it cost me somewhere around $500 to get my car back...

[rohan]

This isn't that unusual.  I've heard of cars being impounded for certain violations here in the states.  My cousin had her car impounded because she didn't have an insurance card, and the card had equipment violations on top of that.  I've also heard of cars being impounded in DWI situations, and even serious speeding situations.

Let this be a warning to you, Ron.  Do we really want to see articles about an A-6 being impounded for excessive speeding by the 40-something year old male driver who has 37 kids? 

True.  We don't impound for speeding only in Michigan but say your mechanic doesn't have a valid license and gets caught your car is getting impounded and you'll have to pay to get it out. 

[Submariner]

True.  We don't impound for speeding only in Michigan but say your mechanic doesn't have a valid license and gets caught your car is getting impounded and you'll have to pay to get it out. 

Fail. 

Granted, it doesn't reek of shit-dripping, ass-smelling fail like the case in Australia, but it's fail none the less.

[rohan]

Nope it's not.  It's a matter of KNOW who you're lending your car to- you're the owner it's your responsibility to make certain people are driving it are proper drivers - how you get your mechanic to pay you back isn't the problem of the court.  The law says that if a officer stops a car which the driver does not have a valid license the officer "shall" impound the vehicle.  Shall = Must.  Also- if I pull over a drunk driver who has a prior conviction for drunk driving if he's borrowing your car I'm still taking the plate and giving you a red "DUI" tag for the rear window and impounding the car.

[Submariner]

Nope it's not.  It's a matter of KNOW who you're lending your car to- you're the owner it's your responsibility to make certain people are driving it are proper drivers - how you get your mechanic to pay you back isn't the problem of the court.  The law says that if a officer stops a car which the driver does not have a valid license the officer "shall" impound the vehicle.  Shall = Must.  Also- if I pull over a drunk driver who has a prior conviction for drunk driving if he's borrowing your car I'm still taking the plate and giving you a red "DUI" tag for the rear window and impounding the car.

So giving the vehicle back to the unknowing driver isn't an option?  Perhaps if the driver willingly handed it over to conduct some form of illegal activity (say, transportation of narcotics) but when the vehicle is in someones "trusted" hands for repair, they should be solely responsible for how the vehicle is used, not the owner. 

[rohan]

Unknowing driver?  You mean owner?  Not if it's either a) wording in the law is "shall or b)it's against department policy like it is here where we require following the letter of the law for certain things where it says "shall."
It also doesn't change the fact that the person driving it has no license.  When the law says "shall" you better follow it because shall doesn't mean "if you want" it means "must."  At least here.  How the bill gets paid isn't the concern of the court that's what civil court is for.  Oh and to get it out of impound the owner will need license, registration and proof of insurance and depending on how the officer worded the impound sheet proof of ownership.  I would think the repair shop would be willing to pay the tow bill so it didn't get sued.  What would piss me off is the daily storage charges for the impound which around here on a police request is about $25 a day- sometimes if they get towed on a Friday afternoon or a Saturday you can't get your car out until the following monday!

[TurboDan]

Fail. 

Granted, it doesn't reek of shit-dripping, ass-smelling fail like the case in Australia, but it's fail none the less.

How so? If the law says a car must be impounded for a particular offense, should it just be ignored? I would expect the mechanic or "friend" would pay the bill so he wouldn't be sued.

[dazzleman]

It's na?ve to think a car shouldn't be impounded because the owner claims not to know what was being done illegally with the car.  It's too easy to feign ignorance.  The point is -- be careful to whom you lend your car.  I don't really let anybody borrow my car, except for my nephew on a few occasions when he wanted to impress a girl.

[J86]

except for my nephew on a few occasions when he wanted to impress a girl.

good man!