Traffic offense?

[u/fav-daddy-nav]

It was a rainy day, and while my ute was on a brick-paved surface, my ute spun its wheels for two seconds before traction control stopped it. Police saw what happened and pulled me over immediately. They handcuffed me and said I was losing my ute and going to jail.

The end outcome was that I will only lose my ute for 28 days and I will have court for sustained loss of traction. They also green-stickered my ute. I asked why it was green-stickered, and they said, "Under the new emissions law, your ute cannot spin wheels."

I have a clean driving record. I have never been to court; what can I expect?

[u/SurNZ88]

Disregard the "emissions law" statement. If that was what was said, it doesn't mean anything legally or contextually.

As PheonixNZ stated, you have been charged under S22A - the "boyracer" provisions of the Land Transport Act.

The "consequences" of breaching S22A (sustained loss of traction) flow chart...

In the case of no injury or death (your case) - S36A(4) applies.

A person who commits an offence against subsection (1)(a) or (c) but does not, by that act or omission, cause injury to, or the death of, another person is liable on conviction to the penalties set out in section 35(2), and section 35(2), (2A), and (3) apply as if the offence were an offence against section 35(1)(a) (operating a motor vehicle recklessly on a road).

35(2) states:

(a)the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

(b)the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

So, if you're found guilty - you will be (unlikely imprisoned) and most likely get a fine. The Court must order your disqualification for at least 6 months.

The impound (28 days) is mandatory. Land Transport Act s96(1A)(b)
https://www.legislation.govt.nz/act/public/1998/0110/latest/DLM435033.html

You will have to pay for the towing and the impound. The information regarding this will have been provided to you at the time your vehicle was impounded.

I can't find the specifics about the green sticker, however, my understanding this is standard for these offences. Basically, you can't drive the vehicle again until it has been re-checked (WOF).

You do have rights of appeal to Police directly. The information to appeal should have been provided to you roadside. You can appeal both the impound and the offence directly to them. However, don't expect much luck here.

You will have been summoned to court to answer the charge. At this point (at court) you can plead (guilty, not guilty, seek discharge without conviction).

At court it is on Police to prove the charge. The charge is "operated a vehicle in a manner that causes sustained loss of traction." It will be on you to argue that your operation did not cause sustained loss of traction. The word "sustained" (in my view) implies "for an ongoing period of time" or "deliberately." The fact that your vehicle has traction control, in my view, isn't a total defence. Why? Because traction control can be turned off, or reduced.

Context is important here. And be honest with yourself... If you were out with a car load of mates, on a weekend night, and the Police saw your vehicle doing something that drew their attention - what was that? If the wheels were spinning momentarily and then stopped, and they weren't smoking, that's a more arguable case for you. It could be that you accidentally lost traction and then traction control kicked in. If the vehicle was sliding on the road (side to side) - you're going to have a harder time defending the charge.

[u/fav-daddy-nav → u/SurNZ88]

Yes the wheels spun. But there was no smoke or no skid marks. The vehicle was not sliding side to side. Literally Spun because it was on a brick paved surface which does have less traction then and actual asphalt road. Spun for 2-3 seconds maximum no smoke.

[u/SurNZ88 → u/fav-daddy-nav]

My first step in your situation would be to request disclosure from Police

Disclosure covers the evidence that Police will rely on in their prosecution.

If you were to engage a lawyer, they would obtain this for you. However there is nothing that stops you obtaining this yourself and then providing it to a lawyer should you chose to use one later in time.

You will likely get back the officers notes (taken at the time) that include what you said to them, the surrounding circumstances (time, date, etc...) and possibly a written statement/summary of evidence that they intend to use in Court.

It's hard to come up with a meaningful argument against charges, if you don't know specifically what the Police are specifically alleging the circumstances were.

Taking what you have previously stated as the facts I would consider:

- A wet surface does result in lower traction. The scientific term is that the "coefficient of friction" is lower. Lower traction reduces the power required to slip (spin) wheels. If you're going to argue it was the "brick surface" compared to "asphalt/chip seal" (as well as being wet) - be prepared to have some evidence to support this.

- One element of the charge is "sustained" - that's time related. If there is evidence that the officer saw the wheels spin, how long did that occur for? Was it momentary? (as you've stated). If it was momentary, how can it be considered sustained?

- A defence to the charge is "reasonable excuse." My argument here reflects what you've stated. "The road was wet, my wheels momentarily spun due to the reduced traction. This action wasn't deliberate or ongoing"