Our rights as motorists

[spetz]

Hi,

Police frequently prey on the naivety and ignorance of the average person towards the law. I was hoping we could create a list of what our rights are if we get pulled over.

Some of my queries:
1. Are we allowed to video tape the incident, and what if the police officer requests the camera is turned off?
2. Is the police allowed to search the car without the owners consent?
3. Are we allowed to remain within the vehicle if it is our choice, even after instructed to exit the vehicle?

If anyone knows of any laws which may be in our favor it would be appreciated if you posted it up.

Thanks

[xclusive_eg8]

When legally can a speeding ticket be issued? I.E only in a well lit straight stretch of road or is a officer allowed to set up anywhere anytime regardless of lighting, climb or drop

How to deal with officers who pull you over for doing nothing but having P plates for instance, don't find anything wrong with car or license but continually egg you on and wait for you to crack or slip up with words so they can fine you

How to deal with the transport compliance guys (QLD) what are they allowed to do and not allowed to do?

[spetz]

Xclusive, I think there are no limitations in regards to when cops can legally issue a ticket.
To give you an example, I have a friend who was driving on the opposite side of the road when cops went passed. They pulled him over and fined him because in the cops professional judgement he "appeared" to be going 15km/h over the speed limit.
Now, I wasn't in the car but knowing my friend he probably was driving like an idiot and deserved it, but nonetheless this seems to be a ridiculous abuse of power. Lucky for my friend the cop made a mistake on the posted speed limit and had to cancel the ticket, so I don't know how this would have stood in court had my friend protested it.

[DakDak]

^ No.
They cannot judge your speed by 'glimpse' They are not ninjas, we just assume the all are lol.
My advice to you, is to not open your mouth or deny everything until you see a speed camera reading.

"It looked like he was doing XXX" will not hold up in court. I know this through experience.

You are innocent until proven guilty.
First mistake everyone makes is admitting guilt before seeing the police officers evidence.
"Do you know how fast you were going back there ?"
"Yea about XXX over"

His got you.

[Rage King]

^^
thats why if u get pulled or accused of speeding, the moment they tell you or ask u how fast you were going, just say "can u pls show me the speed radar of the speed you clocked me doing" dont say anything else, wait until they "can" prove to you as evidence.

If they got none and they say "i was tailgating you and compaired my speed vs yours blah blah, OR they might even say "from the sound of your car and wind speed as you went past me" ..

These are some of the excuses they will try to use if they got no evidence..and yet they will still issue u the ticket. Now if your certain that theyve got nothing on you, the take it to court as most likely u will win.

But if u have had a bad legit driving offence history, then they relate this and **** you sideways.. = u will loose the case.

[eg5civic]

Yeah exactly right I went through the same thing driving to Melbourne. Cop said he thought I was doing x amount over the limit, I asked to see a speed reading, came back and handed me a fine, went to court and they'd withdrawn the case before the case was even heard.

Never admit anything, even if you were speeding they can't do you without proof.
I had a cop telling me I was going too fast and I had been cruising on 60 in a 60k zone, I kept saying I was doing 60 I was doing 60, he kept saying I think you were doing more, I asked for proof and he stfu and defected me for too low and wheels out the guards (which he had every right to do) but was just Being a greedy kent trying to get a ticket out of me.

[spetz]

Why do they try to issue tickets so hard? Do they work on a commission basis, or does this only happen to motorists driving tuned cars? ie, would you be treated the same if you were pulled over in a stock Camry?

[Rage King]

""Rules of Engagement""

Never admit or say anything if being accused. Always ask for evidence.

Remember cops now carry a wireless mic that records the conversation u are having as well as the video footage too.

[Rage King]

Why do they try to issue tickets so hard? Do they work on a commission basis, or does this only happen to motorists driving tuned cars? ie, would you be treated the same if you were pulled over in a stock Camry?

They receive incentives for having the most legitimate amounts of fines issued on a monthly, quarterly basis.

[DakDak]

Got to spread some more rep around.

But yea in a nutshell ask for proof. With cops recording everything it works in your favour too, they have to behave courteously and professionally when conversing with you not like some condescending, power-trip bitch in big mans shoes.

EG5civic - That copper had a hissy fit and had to get you for something. And in the end they will, there is always something they can fine you for.

[Bayani]

I'm still waiting on someone to support their assertions with the relevant legislation.

[DakDak]

I'm still waiting on someone to support their assertions with the relevant legislation.

I copped an alleged street racing offence once. Cops had no radar reading. No visual, just they 'heard me coming"
All I did was speed up to confirm if I saw my mate, say hello and give him the finger. I was doing 90 max in a 70 zone.

Yes, I shouldn't of done it.

Cops had no evidence so they resorted to scare tactics threatiining to crush my car and my friends.
I shit myself, and signed a incriminating statement, which is the only proof they had
DOH!

Went to court and got a Section 10. Which is a good behaviour bond and got to retain my licence.
The HWY patrolman tried to pin me for 35km over which is the magic hoon number. But he had no proof of it except they heard them coming and it appeared that I was in the wrong. And even if he saw me he is not a robot who can judge my speed my emitting lasers from his eyes which reflect of my car and relay information.

My lawyer told me this. If I hadnt been so honest and kept my mouth shut, I wouldnt of been 4K out of pocket.

Unlpleasant experience. Very costly lesson learnt.