Targeted?

[Majanal]

Hey Guys,

Just had to get this off my chest.

On Friday I attended a funeral and Wake, where I consumed a few beverages in honour of the great man that we lost. Mum was the designated driver so I didn't have to worry about driving untill later that evening.

With this in mind I stoped drinking about an hour before we left the wake and began drinking scooners of water as I was feeling a bit tipsy. We then completed the 30 min trip home (and another bottle of water) and it would have been about 2 hrs after my last drink that I and my girlfriend started the 5 min trip to her place where we were to spend the evening. At this time I felt sober, just a little tired.

I arrived at the top of my road and as I waited to turn onto the GWH I noticed a marked police car drive past. I didn't think much of it untill I saw them pull off to the left and out of sight in a parking area near the station. I proceeded onto the GWH and headed past where the cop had stoped... as I almost expected he pulled out after me and followed me (close enough that I could see his head lights and a small portion of his bonnet UNDER my series 2 height rear wing).

I followed the car in front of me at 5 kms below the speed limit and at a safe distance. Within 500m of the cops pulling in behind me the lights were on and I was pulling over.

The police officer hoped out of his vehical with the RBT machine and I think "this will be interesting". He ask's me if I have had anything to drink and I reply yes. I blow and he tells me that they will have to take me in. I asked what the reading was and he just asked "is the lady is ok to drive?" I said that she had been drinking also and again asked if I could see the reading. The officer said that he would be able to breath test her and if she was over the limit then they would wait while someone came to pick her (and my car) up.

Anyway... after we made the 15min trip up to Katoomba police station (I had to show them the way as the were from Liverpool) and I had been through all the paper work and questions I was then finally told my RBT reading (just before I blew into the other machine) This time it read lower and I was given a court appearence notice and my licence and told that I was free to go, Along with all the other paper work.

I arrived back home and read through the paper work and noticed that under the heading Visual Inspection I was assessed to be showing signs of intoxication and the comment was PCA. As far as I'm aware PCA is the Prescribed Concentration of Alcohol... this would be impossible to see visually with out the use of some other form of testing equipment? I was tired from the rather emotional day. I am concerned that this visual assessment of my level of intoxication may work against me in court. I felt fine and could walk talk and do everything normally.

However, having said all of this I still am not trying to say that I should not have been pulled over for a RBT... and having blown over the limit I will just have to face the consquences. However, I do feel that as I gave all the correct and truthfull answers to the best of my knowledge I really do hope that the officers have done the right thing by me. All I want is a fair shot.

Thanks for listening guys,

Dan.

[T0nyGTSt]

You never said what you blew both times. Were you under the limit in the car and the station?

T.

[red900ss]

Bummer Dan. Don't know much about the law in this case sorry. Get some legal advice. Maybe if it's based on a subjective observation you have more leeway.

[fatz]

shit that sux

[REDGTT]

Dan my best wishes to you. Sorry to here that buddy. Best of luck ok.

[silver_wrex]

Well, the plods should let you know what the readings are.

You should get a solicitor to fight this one mate.

[two40]

Sorry to hear that Dan. Goodluck with the court appearance.

[Majanal]

I blew 0.085 (mid range) on the side of the road but was not told of this untill just before I blew at the station. I blew 0.075 (low range) at the station.

Being over the limit is not the issue... I thought I was ok and I was not... I'll just have to face up to what ever the Judge hands down. What worries me is that the charging officer said that I was visually intoxicated and gave the reason of PCA... I really don't think that they could have seen PCA. I'm worried that the judge will think that I looked pissed when they pulled me over when I have 2 witnesses that could testify that I didn't "look" intoxicated.

I'm going to seek legal advice to make sure I get a fair hearing... will have to wait and see.

[silver_wrex]

The fact that he didn't show you the reading immediately after taking the reading makes it all the more dodgy... Ask your solicitor about this one...

[Majanal]

I wasn't sure if it was like the speeding thing... where they have to show you the reading... espically if they are going to detain you?

[silver_wrex]

Did they tell you whether you were arrested? And why you were detained or arrested?

[Majanal]

the said that they would have to take me into a station or to an RBT Mobile Vehical. After I asked a few times what I blew he said that I was over. but never gave me the reading untill I was back at the police station.

[silver_wrex]

This sounds so dodgy... They didn't even tell you whether or not you are arrested and what you are arrested for...

[XrSiSt]

Bummer.. sorry to hear about that Dan...

[fatz]

they dont tell you the reading cause those hand held meters r hella dodgie

so if you were close they take you to the station and the real machie give the acurate reading

if they gave you the reading in the car say 0.85 and then you got to the station and the PCA machine spits out 0.04 they would be introuble(becasue you can do there arse) so you can give em heaps about wasting you time

basically it covers there arse

however generally the portable meters r calibrated low so you dont get this happening, but they still cover there arse in case

pete

[Majanal]

yeah... but they could explain that to you... and tell you that their not good, super dodgy machines reading is .85... then at least you know what you are being detained for.

Thanks for the support guys.

[PranK]

Dan,

I have several Lawyers in my immediate family. None of them do this kind of work, but i'll ask them and see what they say about it.

Christian

[Majanal]

Well Guys I made my first court appearence today and was lucky enough to get of with a 12 month good behaviour bond. Still got licence and didn't get any fines. I feel like the luckiest person in the world... especially seeing as the girl before me got 6 months and $550 fine... talk about shitting ones pants!!!

[B-Man]

Great news mate ! Congratulations ! Very happy for ya !!

Now u gotta gat yr car fixed.....(or is it done already - complete with high mount turbo ?? he he....)

[Roy]

... good stuff, happy to hear you werent crucified.