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GTR-N1

By GTR-N1,
in New South Wales

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GTR-N1 Grand Master

GTR-N1

Posted
  • Author
Posted

Is there much to be gleaned Tim by our Members by having a Tech Night with a Traffic Lawyer?

Maybe I'm presumptuous but I believe there are many who would like 'conflict resolution' questions clarified whilst dealing with traffic laws, defect stations and HWP officers from time to time...

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vorse
vorse

little of column a little of column b

GTR-N1
GTR-N1

Not long ago I wrote a report for a guy who was doing over 100 in a 60 zone at 5.30am. He sought advice from a solicitor who asked for a couple of character references and I was to furnish one of them

TREGTR Grand Master

TREGTR

Posted
Posted

Is there much to be gleaned Tim by our Members by having a Tech Night with a Traffic Lawyer?

Maybe I'm presumptuous but I believe there are many who would like 'conflict resolution' questions clarified whilst dealing with traffic laws, defect stations and HWP officers from time to time...

I would be happy to either give or arrange for a few of these. The first could be on understanding the laws that operate in this space, as there have been some recent developments and then build from there.

TREGTR Grand Master

TREGTR

Posted
Posted (edited)

kind of off topic but i want a definitive answer as to how much you have to actually submit to when stopped for a "Random breath test"

You can refuse, but the subsequent arrest and charge for refusing to supply a specimen of breath for a breath test is pretty high.

The more salient question is: why would you be drink driving over the limit in the first place? That's the only reason why you'd refuse.

Edited by TREGTR
BlackTemplar Rising Star

BlackTemplar

Posted
Posted

kind of off topic but i want a definitive answer as to how much you have to actually submit to when stopped for a "Random breath test"

You can refuse, but the subsequent arrest and charge for refusing to supply a specimen of breath for a breath test is pretty high.

The more salient question is: why would you be drink driving over the limit in the first place? That's the only reason why you'd refuse.

i think he is more meaning if the officer goes on a tangent

eg I was stopped coming home from Melbourne literally around the corner from my for an "RBT" at around midnight. It wasnt HWP though, I think he was a detective, had a different uniform, non-HWP unmarked police car, didnt really seem to know what he was doing.

He ended up asking where I was from (around the corner was my actual answer lol), where I had been, why was I driving so late at night, why had I gone to Melbourne, was it my car, looked inside my car in all the windows, was commenting about my camera gear on the back seat (I had been down looking at an S14 to buy so I took photos)

All a bit excessive for an "RBT". Im guessing he had been investigating a crime nearby, saw me drive past when he was on his way back to the station, followed me to almost my door step. I was too tired to give a fark but probably would have ripped into him if he had gone any further as it was late and I was tired and just wanted to get to bed.

What I think Braden means is if something like that happens, do you legally have to do anything other than provide your license and blow in the machine

GTR-N1 Grand Master

GTR-N1

Posted
  • Author
Posted

I would be happy to either give or arrange for a few of these. The first could be on understanding the laws that operate in this space, as there have been some recent developments and then build from there.

Many thanks Tim. :)

Will be in touch for mid 2014 Tech Night :yes:

4teecal Collaborator

4teecal

Posted
Posted

What I think Braden means is if something like that happens, do you legally have to do anything other than provide your license and blow in the machine

The devil is in the detail and each state is different.

NSW.

You are obliged to carry your licence

You are obliged to stated your name and address and specimen of signature if required.

You are obliged to provide a breath test, or a urine/blood sample if it is so required.

You are obliged to provide your version of events in an accident.

You are obliged to surrender your licence, number plates or car if so directed.

It goes on and on. The Road Transport legislation has some of the widest ranging powers that police have.

Supplying details of your passengers, whereabouts etc are not required, unless it involves an indictable offence.

So if you get stopped for a RBT, it can involve a lot of powers.

TREGTR Grand Master

TREGTR

Posted
Posted

The devil is in the detail and each state is different.

NSW.

You are obliged to carry your licence

You are obliged to stated your name and address and specimen of signature if required.

You are obliged to provide a breath test, or a urine/blood sample if it is so required.

You are obliged to provide your version of events in an accident.

You are obliged to surrender your licence, number plates or car if so directed.

It goes on and on. The Road Transport legislation has some of the widest ranging powers that police have.

Supplying details of your passengers, whereabouts etc are not required, unless it involves an indictable offence.

So if you get stopped for a RBT, it can involve a lot of powers.

Correct. There are some arguments that are worth a submission, like blood testing verse religious beliefs. It is really quite involved as you rightly pointed out.

vorse Grand Master

vorse

Posted
Posted

back on topic

what do i have to submit to and what do i not

agreed you have to provide name and licence but as far as getting out of the car and asked to open boot bonnet or allow an officer to search car you don't

as far as i am aware

TREGTR Grand Master

TREGTR

Posted
Posted

back on topic

what do i have to submit to and what do i not

agreed you have to provide name and licence but as far as getting out of the car and asked to open boot bonnet or allow an officer to search car you don't

as far as i am aware

Is this in relation to a specific incident you had, or generally?

MBS206 Grand Master

MBS206

Posted
Posted

I'm curious on the powers of "pop the bonnet son"

As I've recently heard in NSW they can only ask, you do t have to oblige.

Pop the bonnet usually results in "have a defect".

It would be good if everyone could be well informed. Are there specific places we can read the rules as written by the law?

TREGTR Grand Master

TREGTR

Posted
Posted

I'm curious on the powers of "pop the bonnet son"

As I've recently heard in NSW they can only ask, you do t have to oblige.

Pop the bonnet usually results in "have a defect".

It would be good if everyone could be well informed. Are there specific places we can read the rules as written by the law?

The law is pretty complicated in this area. NSW only and high level answer found in LEPRA Division 5.

The Road Transport Act 2013 and other statutes interact with it though, so it's not just what's found in the above. Also the tricks and interpretations are in the supporting common law. We challenge what's written based on these.

GTRKat Grand Master

GTRKat

Posted
Posted

I'm curious on the powers of "pop the bonnet son"

As I've recently heard in NSW they can only ask, you do t have to oblige.

Pop the bonnet usually results in "have a defect".

It would be good if everyone could be well informed. Are there specific places we can read the rules as written by the law?

Cop friend of mine in SA said that in that state you don't have to oblige. But lets face it, if you don't do it you're going to get a letter in the mail asking you to front up anyway.

TREGTR Grand Master

TREGTR

Posted
Posted

If you need to dispute a photograph that wrongly implicates you to be at fault of an infringement whether it be relating to ..

a) speed

b) parking

c) accident

...you can contact this guy to have the photograph forensically assessed.

Dr Glenn Porter at UWS

[email protected]

Mob: 0403227453

Ph: (02)98525222 Ext:1739

Addy: K12.G.62 College Dr Richmond

Keep this as a reference > If he's away on sabbatical, ask if there's a 2IC.

I have worked with him on a couple of big matters before while at Norton Rose. He's a very good forensic photographer.

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