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I actually defeated a "failure to obey an officer" or whatever.

because he wasnt in uniform :laugh:

He didnt have

1) A hat

2) reflective vest while directing traffic

3) Shoulder lapels.

I went on the argument he looked like a hot and bothered bus driver.

And winner to me :(

The judge actually hammered him. He had been in the force for 20 years and should have known better.

Power to the people :laugh:

Thats not the issue here. You got off because the officer failed to correctly identify himself, not because he wasnt in uniform. They are not the same thing, how else do you think plain clothes officers and detectives are able to execute their duties?

Original poster...Good luck with it all :)

Note to self: underwear on head is bad ;)

Thats not the issue here. You got off because the officer failed to correctly identify himself, not because he wasnt in uniform. They are not the same thing, how else do you think plain clothes officers and detectives are able to execute their duties?

Original poster...Good luck with it all ;)

Note to self: underwear on head is bad :laugh:

If they are performing traffic duties, they must be in the correct attire to do so

back to the Question.

Unfortunately there are too many variables to answer this question with any certainty.

Variable 1 - Vic Police can inspect a vehicle and if in the officers opinion he/she thinks it is unroadworthy can issue a defect notice. Most officers would not know what was legal or not, so they tend to defect a car to make sure it is checked and legal

Variable 2 - Officers length of service. A serving member of the Victoria Police who has recently graduated and in in his/her probation period prior to confirmation ( ie first 12 months out of the academy before becoming a real cop) is required to have a certain amount of stat's to show they have been an active member of the force. Stats are logged by shift, by post and these can include traffic offences or briefs ( where they send someone to court for a more serious offence). Get someone out of the academy with a point to prove and you could be fined.

Variable 3 - The Victoria police standard practice of " the attitude test". Basically a cop will pull you over for something random to see how your attitude is, fail the attitude test and bang, there is your defect and possible fines depending on how badly you fail the attitude test.

These are 3 main things that a senior contact in TMU told me just before I posted this.

However, you do have some rights and responsibilities.

In short it is your responsibility to make sure your car is in a roadworthy condition when driving on public roads, that you obey road laws and drive in a safe manor.

You do have the right has a motorist to ask for the police officers name, badge number, station and supervisor. You also have the right to take the matter to court to appeal your fine/ defect etc and to seek some compensation if it can be prooved that your vehicle was roadworthy at the time of being defected.

You also have the right to complain if you feel you are being constantly harrassed by police and this can be done to the office of police integrity.

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