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.

[tripleuse]

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.

they can do this, did your friend admit he was in the wrong? if he was to bring the matter to court, the police officer has to prove your friend was going over the speed limit. From the scenario you have told, the police officer has a weak case(UNLESS your friend admitted going over the speed limit) and most likely he would be let off.

[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.

[blabla]

^ 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.

I got done speeding because they herd me! WTF!! i took the fine because I didnt want to argue it.


Seriously my advice SHUT THE **** up and node your head and say yes sir no sir then ask for his name and badge number.

Check this I was turning right from Smithfield RD to go onto ELIZABETH DRIVE Bonnyrigg (SYDNEY) just about to turn into a side street to head home I get pulled over cop asks for my license etc gave him the license COP Ask's do you know what the speed limit is here mate i said ye I do 70 cop says no its not, I turn to him and say mate there is a sign few back thats says 70 cop mumbles under his breath, keeps looking at my license looks at me 2-3 times. I say look i have put on some beef since that photo cop says no need to be rude BRO cop gives license back and walks away what a gronk.

Police are stupid, They will chase after any p plater but when there is a drug deal going down the road from ur house they do **** all!

Just another thing I would like to add is that the Police are actually aloud to be on their mobiles because they might be on a case seriously wtf pull over lol

[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?

[curtis265]

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?

apparently not but it sounds to me like they do

I think they have a quota to meet to ensure they're doing their jobs

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.

this

if you wanna be a smartass to the guy then he's gonna try get you for something else. politeness gets you far




Funnily enough i was applying WOT through the backstreets on the way home once at 2am on a saturday night. The cops had followed me from the main road in and saw it, but they didn't do anything cos they didn't get a reading.. Just did a general licence check/ "is this your car" sorta thing

[bennjamin]

I'm just going to troll abit -

Personally - I have no hate for police. Yes I look white and don't drive a modified or "sterotypical" hoon car.
But I have before and never had issues as I don't do too much illegal stuff. It seems the same people that complain or always bring up something about how unfair it is / rights etc are generally hoons or can't help
Themselves on the road ?!

I would NEVER act smart in front of a copper - that is , try and record them or state I have rights etc. You aren't a African American in the mid 90's USA possibly fearing your life....


You will look like a douche and frankly will get attitude back and more trouble to begin with.

[sensei_]

apparently not but it sounds to me like they do

I think they have a quota to meet to ensure they're doing their jobs

if you wanna be a smartass to the guy then he's gonna try get you for something else. politeness gets you far

They do have a quota to ensure that they are doing their jobs correctly. And by doing their job, they need to issue certain number of tickets. Hence why you always get dickhead officers who will try and ping you for anything regardless.

ive been pretty lucky with officers, as i dont drive like a hoon or a modded car (either drive a camry or legend), so i guess i slip under the radar.