what are my rights with police?

[rhysy_boi]

i got pulled up today by a copper for the first time in over 3 years of driving for apparently speeding. i wasn't looking at my speedo and my car was cruising down from a 90 zone to a 60 zone so i do admit i was in the wrong but i would like to know what my rights are to say to a policeman when i've been pulled over.



he didn't book me because he actually didn't have a reading of my speed, he was on a bike behind the car behind me and he said he couldn't book me because the car behind me was speeding also but i was pulling away from him. though as far as i'm aware you cna't be booked unless they've caught you on a gun or they have sat right next to you to calculate your speed against theirs.



does anyone know what i have to answer to and what details i have to give him or what i can refuse to say or give him, he started asking me where i live and why i was so far away from where i live and how long i'd been working out that way then telling me i've got to be joking if i didn't know the speed limit on that road near my work.



just want to know my rights and responsibilities or if anyone knows where i can find a book or website with all the information i need.



any help would be great guys

Rhyso

[DarkXr]

The copper is entitled to pull you over, and as you have said he cant book you without physical evidenc which would have to been the form of a radar reading or speed camera picture. He is well within in rights to ask the questions he did, some may say he is doing his job (which he is). He was also rather ticked off that someone was speeding by 30kmh over the limit and he couldnt book them.

Your rights are limited in this situation as you have not been charged.

Your responsilibty is to not speed and drive safely to the laws of the road. (Which you were not, whether it was by accident or not).

Hope this helps.

[Outbackjack]

I never volunteer ANY info to a representitive of the law. Never admit to doing anything wrong and never be rude. The police must have good cause to stop you, or a strong suspiscion of wrong doing on your part, other than RBT's.
If you choose not to answer some of his/her questions, that is your desision. But be prepared to be treated differently than if you sucked up to them.

[Pik0]

As said, if he doesnt have evidence he cant book you.

I had a police man pull me over for doing 75 in a 50 (4 lane road at 2am but still stupid i know).

He asked what the speed limit was there I said 60, it was 50 but I said I still didnt believe I was speeding. So i was lucky, but yeah he couldnt do anything, he apparently hit the wrong button.

Still left me with a good quote that me and my mate still use "I LOVE taking P platers licences boy"

[rhysy_boi]

i truely admit i was in the wrong but he was smart enough to not tell me he couldn't book me until late in the coversation, i stretched the truth a little but to be honest i have no idea if i was doing 90 or 70 in the zone so i could not admit to what speed i was doing had he asked.

i said iw as very sorry and did not realise what i had done and had i known the limit i would not have been speeding etc, the problem is where he pulled me up looks exactly the same as half a k down the road where the limit is 90 and he started asking me if it looked like a town or not, had to hold my tongue to stop from being a smart ***.

reckons he took my number plate and if he ever caught me again he'd come down ****in hard on me, problem for him is i get a new car tomorrow.

cheers guys, do any of you know an actual government site where all the information is written down?

Rhyso

[MO]

OK they can book you just off their speedo if they have followed you for about 500mtrs.

As for the rest its catch you out if they can.

[MO]

Just an after thought I forgot your main point about rights.......this is not America...YOU don't have any!!!

[GT-E]

When pulled over you must produce you license and answer your name and where you live.
You do not need to answer any other questions, but this can annoy the copper. If you have nothing to hide then answer his questions.
As for the speed, if he is behind you, then only 3 seconds of matching your speed is enough if the bike/car has a calibrated speedo.
Never be rude, but in turn do not reveal anything that can incriminate you.

[[dave]]

u have the right to remain slient

wateva he asks u just say "no coment"

[nugget378]

Originally Posted by [dave]

u have the right to remain slient

wateva he asks u just say "no coment"

They would get sus I'd reckon with "no comment"
probably end up getting your car searched,could be best is to give nothing up by playing dumb "Im not sure sir" or " I dont know" type of thing..

[ED Classic]

Originally Posted by nugget378

They would get sus I'd reckon with "no comment"
probably end up getting your car searched,could be best is to give nothing up by playing dumb "Im not sure sir" or " I dont know" type of thing..

No No No No No

This is the mistake alot of people make, And if they do end up Fineing you/Charging you and you are innocent or want to contest it anyway you have increminated yourself...All of a sudden you are 100% sure but you said you were not sure, You do know when you clearly said you didnt, You do remember all of a sudden when you said "I dont remember".

Alot of time you are being recorded for a confesion or any "Dont rember" etc evidence that can later be used against you.

[nugget378]

Originally Posted by ED Classic

No No No No No

This is the mistake alot of people make, And if they do end up Fineing you/Charging you and you are innocent or want to contest it anyway you have increminated yourself...All of a sudden you are 100% sure but you said you were not sure, You do know when you clearly said you didnt, You do remember all of a sudden when you said "I dont remember".

Alot of time you are being recorded for a confesion or any "Dont rember" etc evidence that can later be used against you.

Wont work hey.
One night a little rice rocket comes up beside this worked over V8,at every set of lights he was rocketing off,then slowing down and doing it again to bait the other driver into a race.
Well at one set of lights the V8 driver had had enough,so gives it a bit of curry,didnt go too fast mind you but the noise could be heard 3 suburbs away,over a hill they go with the old V8 way out in front when down the bottom of the hill a police car with lights flashing had someone pulled over,when they approach the cop car both get waived in.
The copper states that the conversations are being recorded,and he asks do you know what the speed limit is?
Yes says the V8 guy.
And how fast were you going?
Geez officer,not sure,the speedo is in miles,but I really doubt more than about 40 mph.
Come on says the copper I could here your engine from all the way over the hill.
Doubt that was me sir,I think it could have been a car going the other way.
The liitle ricer driver,on his red P's mind you admits to going 110km/h,gets booked and does his license,while the other guy gets an off you go,and bloody slow down...
How is not being sure incriminating yourself?
Admitting to something is incriminating,alot of times the only evidence might be what you admit too.
You do not have to put up a defence in court at all,they have to prove facts,if they have them your gone whatever you say 99% of the time.
you have to prove nothing,
this isnt a legal get out of gaol card or probably good advice in most situations,but its better then being a smartass and getting bent over by the side of the road.

[Matty4]

Originally Posted by nugget378

Admitting to something is incriminating,alot of times the only evidence might be what you admit too.
You do not have to put up a defence in court at all,they have to prove facts,if they have them your gone whatever you say 99% of the time.
you have to prove nothing

A little OT, but this also applies to speed camera related offences also. By paying the fine you are admitting it was you. If you say it wasn't you, and can't identify the driver, then they have to prove who it was.

[[dave]]

nah if they get sus and start with the " if u dont speak we will defect ur car" and u have a passenger just say " that sounds like a threat to me and i will b reporting u to the police station, wats ur badge number"


worked once b4 lol

[P6LTD351]

Originally Posted by [dave]

nah if they get sus and start with the " if u dont speak we will defect ur car" and u have a passenger just say " that sounds like a threat to me and i will b reporting u to the police station, wats ur badge number"


worked once b4 lol

This attitude is a reflection of the problem we have in society these days. There's no respect for authority and this includes teachers etc. Back in the old days your passenger would've copped a shlap across the head for a smart arsed comment like that. If you've got nothing to hide, what's your issue?

Everyone's worried about their rights AFTER they do something wrong. It's like people that get on here bashing hoon laws. Simple answer: don't hoon and you don't have anything to worry about. If it was up to me and someone was hooning and say doing 130 in a 50 zone, forget impounding, I would have their car torched and invite people to watch at $20 a pop. Now THAT would be a good revenue raiser. these people that say, "what about if it was their parents car", STIFF!!!! that's the way it goes. But, alas, it goes back to people with a lack of respect for authority and always wanting to blame someone else.

[EBTom]

Ricer demolition derby :

Originally Posted by eb2monty

forget impounding, I would have their car torched and invite people to watch at $20 a pop. Now THAT would be a good revenue raiser.

[jaydee]

[, forget impounding, I would have their car torched and invite people to watch at $20 a pop. Now THAT would be a good revenue raiser. these people that say, "what about if it was their parents car", STIFF!!!! that's the way it goes. But, alas, it goes back to people with a lack of respect for authority and always wanting to blame someone else.[/QUOTE]

I'll bring the marshmallows and a few beers.

[Laminge]

Originally Posted by [dave]

nah if they get sus and start with the " if u dont speak we will defect ur car" and u have a passenger just say " that sounds like a threat to me and i will b reporting u to the police station, wats ur badge number"


worked once b4 lol

English may get you a better response as well, keep the SMS style to your phone and not the forums

[GasoLane]

Originally Posted by [dave]

nah if they get sus and start with the " if u dont speak we will defect ur car" and u have a passenger just say " that sounds like a threat to me and i will b reporting u to the police station, wats ur badge number"
worked once b4 lol

[Cob21]

This is from a Law Firm handout I got 2 months ago

Drink Driving do's & Don't's
You don't have
to tell the police where you have been
to tell the Police if and what you were drinking
to get out of the car Unless asked by the Police
the right to a phone call to a Lawyer or anyone
to tell the Police you have taken drugs (prescription or otherwise)

You do have to
tell the Police ONLY your full name, date of birth, Job, address
Provide your Licence when asked
Provide Police with a breath specimen when asked
Submit to drug test when asked by Police
Comply with reasonable Police directions

You do have to
be polite to the Police (they will tell the court how you behaved & you maybe being taped)
Check the time you are first asked to blow in the bag (a 2 hour limit for you to be tested applies)
Get a lawyer before you go to court the first time

[mustang70]

Originally Posted by Cob21

This is from a Law Firm handout I got 2 months ago

You do have to
Get a lawyer before you go to court the first time

hehe of course a law firm would say this

[fairmont1998]

A police officer can report you for driving without due care and attention if you are obviously speeding and he hasn't been able to clock you. Then its up to the judge whether you are fined or not.

[krt10]

i was caught doing 78 in a 60. was slowing from an 80 zone and didnt slow quick enough.
i admit i broke the law, yes it was by accident but i still did it. i was honest and polite to the officer and when he asked why i as speeding i just sai that i had no excuse and i take responsibility for my actions.
im on my p's and i was supposed to lose my licence for the offence but the officer new that i was a honest bloke and i didnt mean to do so i got to keep my licence. mind you i only have 1 point left and was slapped with a $300 fine.

lesson learnt. more attention when changing speed zones

[samftr]

*I was unaware I was exceeding the speed limit.
all you need to say there. but yeah you are supposed to watch your speedo ;)

[Yellow_Festiva]

I got done speeding (and rightly so) and 2 weeks prior i was told by a mate that if u ever get done speeding, and the copper says it was on radar then you can ask to see the register on the screen, be it gun or screen on the dash from a roof mounted camera.

So sure enough I asked if I could see the screen where he got me, and there it was, time / date stamped and all. He wasnt offended or peeved that i asked to see the screen (getting out of my car and leaning into the passenger side of the cop car) in fact he was more than happy to show me his handy work.

I paid the fine and that was it.

But the same mate told me that the copper must be wearing their hat when booking... how true this actually is im not sure about. (the cop that got me put his hat on as soon as he pulled over to give me the bad news)

[jaydee]

Originally Posted by Yellow_Festiva

I got done speeding (and rightly so) and 2 weeks prior i was told by a mate that if u ever get done speeding, and the copper says it was on radar then you can ask to see the register on the screen, be it gun or screen on the dash from a roof mounted camera.

So sure enough I asked if I could see the screen where he got me, and there it was, time / date stamped and all. He wasnt offended or peeved that i asked to see the screen (getting out of my car and leaning into the passenger side of the cop car) in fact he was more than happy to show me his handy work.

I paid the fine and that was it.

But the same mate told me that the copper must be wearing their hat when booking... how true this actually is im not sure about. (the cop that got me put his hat on as soon as he pulled over to give me the bad news)

Oh god, here come all the furphys (untruths).
A cop doesn't have to have his hat/cap on to enforce his powers.
They also don't have to have physical evidence of you speeding, I was in Court (another story) once and a guy was up on a speeding charge and the cop was standing on the side of the road and didn't have a radar but estimated his speed at between 100 and 110 kays in a 60 zone. The Magistrate accepted his estimation based on him being a traffic cop with a million years experience and could readily estimate a cars speed. The guy went down.(I'm talking about WA here, not sure about other states).
They dont have to show you the reading on their radars, but I believe it is policy to do so if possible.
Yes you only have to give your name and address and produce your license, but they may ask other questions which gives you the opportunity to plead your case, not like a speed camera where you just get the ticket, the cop might accept your story as to why you were speeding and give you a warning, what have you got to lose?
Cops have a thing they call an attitude test, if you pass well and good (you might still get a ticket but probably not 2 or 3 and a sticker), if you don't pass, well you know the rest.
I used to live in a small country town and was friendly with a few of them in my sports club, out of hours they're just ordinary blokes (most of them).

[Squalo]

This attitude is a reflection of the problem we have in society these days. There's no respect for authority and this includes teachers etc. Back in the old days your passenger would've copped a shlap across the head for a smart arsed comment like that. If you've got nothing to hide, what's your issue?

Agree completely. Police are charged with the powers to ensure that people abide by reasonable rules governing society. Without the rules, and the cops, believe me your life would be miserable.

Young drivers whinge about the cops targeting them - sorry fellas but it's the attitude displayed above that brings it down on you.

Don't forget that everyone here was also a young driver once, having survived our encounters with the law (and our own incompetence as developing drivers) we have a clear view of both sides of the picture. I don't know any cops, but it's not hard to form a picture of how things look from their perspective.

Some good sound advice in the topic already. Although it's been years since I've been stopped for doing something dumb in a car or bike, I'll just add that it's appreciated if you get out of your vehicle immediately and wait at the rear of it for the cop to come and speak with you, with your licence and rego details in your hot little hands. Address him/her politely ('sir' or 'officer' is appropriate). And remember that after he's finished with you he may very well be off to a crash site, where he may have to hold and comfort your mother/sister/wife/daughter while a rescue team cuts them from the wreck of their car.

In my experience, people who ***** about cops wouldn't have one tenth of what it takes to get through just one week as a cop.

[Bill_R]

Originally Posted by Squalo

, I'll just add that it's appreciated if you get out of your vehicle immediately and wait at the rear of it for the cop to come and speak with you, with your licence and rego details in your hot little hands .

A post in these forums from a Police Officer said *not* to leave the car unless asked to. That's what I've alwways thought.

[JAYBA]

Originally Posted by Bill_R

A post in these forums from a Police Officer said *not* to leave the car unless asked to. That's what I've alwways thought.

i dont believe all police think this way once i have been asked to wait in the vehicle but thats because i was on the road...most appreciate it when you are awaiting them with your licence in hand, but i suppose not all, some dont like it when you set in your car like king **** waiting for them to come to you.

[Bill_R]

Originally Posted by JAYBA

i dont believe all police think this way once i have been asked to wait in the vehicle but thats because i was on the road...most appreciate it when you are awaiting them with your licence in hand, but i suppose not all, some dont like it when you set in your car like king **** waiting for them to come to you.

And how would you know who likes you to stay and who doesn't? The standard advice has always been to wait in the car and I'll do and recommend that. Each to their own. I've only been pulled over for breath tests so I haven't even thought of getting out.

What I've heard before and my agreement is that staying in the car puts you in a passive role. Leaving the car and standing up to the officer is more confrontational and possibly agressive. I'd have my license ready to present (it's a mongrel to get out of the plastic cover) but wouldn't present it unless asked. I think leaving control to the officer is the best appraoch.