What not to say when the cops pull you over

[Leewah]

You must stop your vehicle if requested to do so by a police member, and you must obey any lawful direction given to you by a police member.

You must state your name and address when requested by a police member.

You must produce your driver's licence on request (if you do not have it on you, you have seven days to produce your full drivers licence to a police station)

The vast majority of traffic offences apply specifically to driving on a "highway".

You must be licensed to drive a motor vehicle on a highway. Penalty: a possible prison sentence for driving while unlicensed, suspended or disqualified.

In Victoria, if the police have reason to suspect you are carrying a radar detector, they may inspect your vehicle to look for and confiscate it. (Penalty for carrying one is $2000 maximum.)

The police do not have a power to search you or your vehicle merely to see if you are carrying anything irregular.

Whenever you are spoken to by the police you have a right to remain silent save for situations where parliament has passed laws that oblige you to give information.

A driver of a motor vehicle on a highway is required to state his name and address otherwise he may remain silent.

Answering police questions usually helps the police to prove an offence has been committed.

When the police ask you for your reason for committing an alleged offence it is in your interests and within your rights to remain silent or to deny committing any alleged offence rather than offer any explanation for your actions.

If you are asked for your reason for committing any offence, stating a reason can be interpreted as an implicit confession to having committed the offence, but is rarely accepted as exculpation for it: e.g. "Why were you travelling in excess of the speed limit?" If you say, "Because I was late picking the kids up from school" it can be taken as an admission to speeding but is not a reasonable excuse for it.

Usually the police won't exercise their discretion to "let you off with a warning" unless you have an extraordinarily meritorious and believable excuse, or your denial causes sufficient doubt to linger in the police member's mind.

Answering police questions is generally not in your interests and is often very damaging to your defence. It is easier to defend charges if a driver has told the police nothing more than his name and address. Every word a driver utters is usually 'another nail in his coffin'.

If you think there is something important the police should know, your lawyer should be able to communicate it to the police on your behalf.

If, despite the above, you decide it is best to answer police questions, you can insist upon the conversation being tape-recorded.

There are tape recording facilities at every police station and you have the right to insist that they be used before you answer any questions. (Make sure the tape is in and the record button is pushed before you start the interview).

A significant percentage of cases in the Magistrates Court involve people who believed they had 'nothing to hide' and who voluntarily attend police interviews only subsequently to regret having done so when they discover that the result of the interview is that the police nevertheless lay charges against them.

It gets even worse when the defendant's lawyer advises the defendant that had they chosen to remain silent and not to attend the police interview the police would have had insufficient evidence to prosecute the charge. This probably happens daily.

A registered owner of a motor vehicle must give information known to him that may identify the driver of the motor vehicle at any particular time (penalty, up to 2 years licence loss).

http://carpoint.ninemsn.com.au/news/blanks...ory.asp?ID=4989

[pushead]

Very helpful indeed. thanks leewah. Stick this mods .

[predator]

What not to say when the cops pull you over

What do you think you are doing?! the donut truck is *that* way...

[meggala]

one thing from this peeps

keep you mouth shut always never say a word .

they incrimiate you on what you say

[Wardest]

I say we print the article from Carpoint and carry it with us.

Then if we get pulled over we can use it as a reference.

[Guest INASNT]

so u aint meant to say

'wassup pig / pond scum how much revenue have you made today so u can stuff your face full of donuts after your shift is over and them butt *** steve bracks when you get home??'

[pushead]

Originally posted by Wardest

I say we print the article from Carpoint and carry it with us.

Then if we get pulled over we can use it as a reference.

I was thinking exactly the same thing. Get it printed and put it in the glove box. If you ever got pulled over, pull it out and do the point reference. I like to see the coppa's face lol

[R31Nismoid]

Originally posted by Wardest

I say we print the article from Carpoint and carry it with us.

Then if we get pulled over we can use it as a reference.

i have just done that

And yes... from a motorist who had police 'fudge' details... i advise you to SAY NOTHING!

i feel a sticky

[Guest INASNT]

Originally posted by pushead

I was thinking exactly the same thing. Get it printed and put it in the glove box. If you ever got pulled over,  pull it out and do the point reference. I like to see the coppa's face lol

like cops know how to read :bahaha:

except for d-o-n-u-t and r-e-v-e-n-u-e

[2rismo]

Stuck. Very useful. Much thanks.

Adrian

[Ait]

So let's say, if they pull you over and asked "How fast do you think you were doing?". Do I say, "I don't know, I was watching the road and not the speedo". Or give a rough speed limit e.g. say it's a 60 road, but you say "Oh probably about 55-61?"

This applies to getting pulled over without a radar gun. Or do you always insist to see the gun read out?

[R31Nismoid]

Originally posted by Ait

So let's say, if they pull you over and asked "How fast do you think you were doing?". Do I say, "I don't know, I was watching the road and not the speedo". Or give a rough speed limit e.g. say it's a 60 road, but you say "Oh probably about 55-61?"

This applies to getting pulled over without a radar gun. Or do you always insist to see the gun read out?

OMG... as the point said.

Originally posted by Leewah

Answering police questions is generally not in your interests and is often very damaging to your defence. It is easier to defend charges if a driver has told the police nothing more than his name and address. Every word a driver utters is usually 'another nail in his coffin'.

just cause they ask... dont mean you have to answer

[hippy]

so what do u say??

Police: "so how fast u think u were going?"

Reply: ?????

[NismoR34]

Silent treatment

or if you must, just say "I would prefer not to comment"

or use the politicians version: "no comment"

[hippy]

i'd give them a peice of paper that has the number of my lawyer and say ... speak to this guy ...

[Chef_32]

Originally posted by Leewah

The police do not have a power to search you or your vehicle merely to see if you are carrying anything irregular.

Does this mean that you don't have to pop the bonnet if they ask you to???

[Guest RedLineGTR]

as above would like that question answered...Thanks

[inark]

just remember...

"Note: CarPoint makes every effort to ensure the information above is correct at the time of publish. However, given the incredibly fluid nature of Australian road rules in the current climate, we cannot 100 percent guarantee their veracity. Use at your own risk."

[~Hypnotik~]

Originally posted by Leewah

The police do not have a power to search you or your vehicle merely to see if you are carrying anything irregular.

[/url]

If this is correct, wouldn't that mean they can't look under the bonnet on suspicion you might have a bov or pod filter?

[riggaP]

Originally posted by Leewah

A significant percentage of cases in the Magistrates Court involve people who believed they had 'nothing to hide' and who voluntarily attend police interviews only subsequently to regret having done so when they discover that the result of the interview is that the police nevertheless lay charges against them.

It gets even worse when the defendant's lawyer advises the defendant that had they chosen to remain silent and not to attend the police interview the police would have had insufficient evidence to prosecute the charge. This probably happens daily.

Remember people, this can be applied to ANY law, not just road laws. This has happened to people I know for far more serious offences than speeding.

When the coppers cant get the real criminal, its very easy for them to pin it to someone else even if they dont directly admit knowledge of the offence.

Definitely best to keep mouth closed :uh-huh: