NiteZ

R v Rondo NSW Court of Appeal I didnt mean to piss anyone off lol but looks like some people take it to heart. Just passing on information from UNSW school of law FYI: I'm always polite to police and my car is all stock, i even have a few friends at uni that work for NSWPolice, you should hear the stories i hear... I have been pulled over 4 times in the last 2 year (not counting road blocks) and every time its some cowboy that thinks he runs the streets acting all hardcore. All cases taken to court ,represented myself, 3/4 dismissed by the prosecutor after hearing the recordings. 1 dismissed for obtaining evidence illegally. At the end of the day the NSWPolice department was in the wrong, its just good experience for me anyways Dont mean to sound like a know it all but i do know what i been though, getting pulled over because my brembo breaks looks like they are defective and not stock and then getting issued a ticket for not parking close to the curb is f*ed. Cheers

This is great Coming from Liverpool

Hi all, I don't know if you guys are aware where the actually law is laid out. In law school we look at the executive power given to police and FYI: S 189 (2) of the Law Enforcement (Powers and Responsiblities) Act 2002 state: If the police officer is of the opinion that the person concerned is under the influence of alcohol, the person is entitled to request that the person undergo a breath test in order to determine whether or not the person is under the influence of alcohol. If such a request is made, the police officer may not take any action under subsection (1) until the person undergoes the breath test. Basiclly this is the most offen used excuse a police officer will use when pulling you over and its legal as long as he has REASONABLE suspicion that you are intoxicated i.e. your driving is bad, you not staying in your lane. Also.. S 36 (1) A police officer may, without a warrant, stop, search and detain a vehicle if the police officer suspects on reasonable grounds that any of the following circumstances exists: (a) the vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, anything stolen or otherwise unlawfully obtained, (b) the vehicle is being, or was, or may have been, used in or in connection with the commission of a relevant offence, © the vehicle contains anything used or intended to be used in or in connection with the commission of a relevant offence, (d) the vehicle is in a public place or school and contains a dangerous article that is being, or was, or may have been, used in or in connection with the commission of a relevant offence, (e) the vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, a prohibited plant or prohibited drug in contravention of the Drug Misuse and Trafficking Act 1985, (f) circumstances exist on or in the vicinity of a public place or school that are likely to give rise to a serious risk to public safety and that the exercise of the powers may lessen the risk. (2) A police officer may, without a warrant, stop, search and detain a class of vehicles on a road, road related area or other public place or school if the police officer suspects on reasonable grounds that any of the following circumstances exist: (a) a vehicle of the specified class of vehicles is being, or was, or may have been, used in or in connection with the commission of an indictable offence and the exercise of the powers may provide evidence of the commission of the offence, (b) circumstances exist on or in the vicinity of a public place or school that are likely to give rise to a serious risk to public safety and that the exercise of the powers may lessen the risk. At the end of the day if your pulled over for an RBT and you speak with the officer. Make sure ask him the reason he pulled you over and why he reasonably suspects that reason to be true. I havent found yet a law that states that if an officer suspects if your car is defective im sure its out there but still. There was a case we looked at where a P plater was pulled over for "looking Smart" in his supra, he was found and charged with possession of marjiuana but the case was dismissed on that fact that he was illegally pulled over. So yea i always record the police officer no matter what and i let him know as well just to put him on the spot to make sure he is doing his job correctly and legally. I hate the fact that most people have no idea about the actually law and that police use this to their advantage at times. Remeber the police also have very strict procedure they must follow, if they dont their case will not hold up in court. I guess Australia is just a pleace where people give up their freedoms when the word safety is thrown into the equation. Oh well more money for politicans and lawyers Funny this is that i found ,work in the Building/Construction industy, that more people die from OH&S Hazards in buildings then safety issues (Defects) in cars. I dont see that many building owners caught/fined for this let alone such a waste of tax payer money. Check out this link to the police officers bible for more infomation (Its for NSW btw) http://www.legislation.nsw.gov.au/maintop/...103+2002+cd+0+N