Our rights as motorists

[EKVTIR-T]

If it goes to court based on judgement that it "appeared to be" from the officer it wont hold up

Ive challenged a few driving charges in the past and won

[bennjamin]

eg5civic - my comment wasn't aimed at you - I haven't read any other post in this thread , just the title ! Sorry if I offended you mate. A good discussion we have here anyways

[spetz]

How do you prove in court that the officer did not have a speed radar reading though?
It just seems they are free to bend the truth to their convenience and you cannot protest it.

Personally I've never had an issue with cops. I've been pulled over/fined but I knew I broke the law and I was nice to the cops, and they've always been nice to me as well.
However reading some of the stories here is a bit unsettling

[eg5civic]

eg5civic - my comment wasn't aimed at you - I haven't read any other post in this thread , just the title ! Sorry if I offended you mate. A good discussion we have here anyways

yeah i replied then went out and got dinner and i was like fuark, i dont think ben aimed that at me haha, sorry had a shitty day, vented a bit lol
I think what i meant was i dont gripe about the defects, yeah its shit but i know that i can be done for them, and thats my choice to have my car like that, but for them to be a general douche and bait a ticket out of you, whether your in the right or wrong, is just petty.

How do you prove in court that the officer did not have a speed radar reading though?
It just seems they are free to bend the truth to their convenience and you cannot protest it.

Personally I've never had an issue with cops. I've been pulled over/fined but I knew I broke the law and I was nice to the cops, and they've always been nice to me as well.
However reading some of the stories here is a bit unsettling

Well i assume if its dash mounted they'd have the footage. Dunno about hand held. But im sure they'd have a voice recording on file for any pull over, so if you ask to see a speed reading and they cannot show you then they have the evidence themselves that they couldn't provide a reading. On the same hand, that's why i will probably start using my iphones voice recorder to record any dealings with them. You have the same evidence as them, just you have a copy you can refer to,

[Rage King]

How do you prove in court that the officer did not have a speed radar reading though?
It just seems they are free to bend the truth to their convenience and you cannot protest it

By asking the officer the moment they accuse you about speeding then u ask politely can i please see the reading. If they dont have it and they predict or assume, dont say anything else and accept the ticket and take it to court if your certain they got nothing on u.

But if u ran over someone or destroyed property etc due to speeding then your ****ed no point contesting the matter in court lollllolol

[tripleuse]

How do you prove in court that the officer did not have a speed radar reading though?
It just seems they are free to bend the truth to their convenience and you cannot protest it.

Personally I've never had an issue with cops. I've been pulled over/fined but I knew I broke the law and I was nice to the cops, and they've always been nice to me as well.
However reading some of the stories here is a bit unsettling

you dont have to prove anything. HE is the one accusing so he must prove you are in the wrong, if he cannot prove it he has no case. they are free to bend the rules on the ROAD but in court they are not.
don't get me wrong, i am very respectful to cops, they are not the bad guys. But you never admit yourself in the wrong, its just asking to get ****ed on. Once you admit u are in the wrong they legally have to book you.

[flipfire]

Do you know if its legal to record the general public via dashcam while driving?

Yes a few things i learned doing photography. Its perfectly legal to photograph/film anyone or anything in a public space, with or without consent. Under Australian law, there are no rights to privacy from cameras in public. The only thing one can do is what celebs do, cover your face. Detailed info here.

Even if you enter private property like Westfields, they can only ask you to leave for filming. They cannot detain you nor force you to show them the camera and delete stuff, that would be coercion.

Also last time police tried to stop someone filming in public this happened:



But in a car situation, you probably shouldnt pull out your mobile phone and point it directly at a cops face. That attitude would just piss him off and make a big cluster**** in the end.

[GU357]

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

1. video taping is meant to be legal last i heard as it is a way of keeping the police in check.

2. Yehs they can if your on public road.

3. if u are told to get out of the car whilst on public road then i believe u must.

its differentto being in your house.

[spetz]

On another note, once I witnessed someone being arrested by a bunch of cops, and I asked "what did he do?" and a reply from a female cop was "get out of here before we lock you up".
Of course, I just kept walking, but I find this to be abuse on some level, and am I obligated to accept it? I guess what I am asking is could they lock me up had I not left and/or made a few more questions?

[GU357]

On another note, once I witnessed someone being arrested by a bunch of cops, and I asked "what did he do?" and a reply from a female cop was "get out of here before we lock you up".
Of course, I just kept walking, but I find this to be abuse on some level, and am I obligated to accept it? I guess what I am asking is could they lock me up had I not left and/or made a few more questions?

nah, your alloowed to watch just as your allowed to film. its the average civilians rights that is designed to help prevent cops from going too far.

[flipfire]

Female cops are usually super aggressive to men to show dominance. Having a vag doesnt exactly scare hard crims.

[TbM]

On another note, once I witnessed someone being arrested by a bunch of cops, and I asked "what did he do?" and a reply from a female cop was "get out of here before we lock you up".
Of course, I just kept walking, but I find this to be abuse on some level, and am I obligated to accept it? I guess what I am asking is could they lock me up had I not left and/or made a few more questions?

if you were just standing there watching then there is no problem, but when you start asking questions when your not involved they will tell you to move on, once you have been told to move on then your required to follow the officers orders.