I got pulled over by an off duty cop!

[dansedgli]

On friday night, I left a party and was heading down maroondah hwy to my girlfriends house. I was travelling at the speed limit. At the lights a old XA-XC ute pulled up next to me with a nice and loud V8, it sounded pretty good.

I gave the eb a bit to the speed limit and sat on 80 for a while then the ute pulled up next to me and the guy gave me a mouthful, I didnt know what he was on about then he flashed a badge and told me to slow down. I gave him a WTF look and slowed to about 75 and kept driving, then later he came up beside me again and pointed to me to pull over on the side of the hwy.

Is he allowed to do this when not in uniform or in a police car?

He got out and told me I was speeding, I told him I wasnt and he kept saying he didnt want to book me and just to take it easy. I went along with it and he let me off. Can he book me? Surely not, using his car as a speed measuring device.

I didnt really feel comfortable being pulled over by someone who wasnt in uniform and wasnt sure if he was really a cop when I got out of the car.

Am I required by law to pullover or do anything he says? I wouldnt want my girlfriend to pullover for a stranger in the same position.

Surely my speedo would have been more accurate than his being a 35 year newer car.

Can any of you guys fill me in on these details?

[Polyal]

thats crap...as far as I know you dont have to pull over if its not marked or has lights etc.

But I would have done the same in that situation I think...I know this guy (bit of a dick) that was FORCED off the road by an off-duty cop in a 4WD. He was speeding but still to be forcefull pushed of the road is BS.

And a citizens arrest?..what a load of crock...I would have told him to stick it, done a patchy and left. Who do these people think they are?!

Needless to say that guy lost his licence for 12 months and recieved a $2000 fine..lol

[dansedgli]

Did the cop get a fine or did your mate?

I was considering just booting it and getting away from him but if he was legit Im pretty sure that I would get bent over a little up the road by a proper cop that was on duty.

[XplosiveR6]

if you do not feel safe, you do not have to pull over, that is the law

[Dave_au]

Police Officers have the same power of the law off duty as they have on duty. However, I think any court would rather apply this to felonys and not misdemeanors.

First off, he didnt have an accurate speed measuring device
Second off, it was in his private car - so I would imagine he would have broken at least about 10 Police Standard Operating Proceedures when he pulled you over.

[FNQracing]

Originally Posted by EF_Dave

if you do not feel safe, you do not have to pull over, that is the law

This is exactly right. Even if a marked car want's you to pull over, it is NOT against the law not to pull over (unless you are leaving the scene of an accident) NSW. You'd be silly not to stop for a marked car anyway.

I was once followed home from Monavale to Ryde by a car. It wasn't until I nearly reached home that he put the lights on (unmarked VT Commy)... It looked real suss.

Anyway, I did not pull over, and I drove to the nearest Cop Shop and pulled up there. Needless to say he kept going!

I will NEVER EVER pull over for an unmarked car. I will head to the nearest Police Station if I know where it is.

Make sure you get the plate number and report them.

[Polyal]

Originally Posted by dansedgli

Did the cop get a fine or did your mate?

I was considering just booting it and getting away from him but if he was legit Im pretty sure that I would get bent over a little up the road by a proper cop that was on duty.

lol..sorry..my "mate"

[4.0i_SiX]

I dunno what its like there but here if a cop even FLASHES his badge when he is off-duty you can report them, not only that, a cop must be in FULL uniform to issue any type of fine - if they dont have their hats on, they cant book you

[sbutler]

After reading this very informative thread, I dont think I'll be pulling up for an unmarked cop car. But I do think if they want to pull you up they must have a good reason.......

[FNQracing]

Originally Posted by sbutler

After reading this very informative thread, I dont think I'll be pulling up for an unmarked cop car. But I do think if they want to pull you up they must have a good reason.......

Marked car? Yes, I'll pull over everytime.... Unmarked, no chance, if I have no reason to suspect I did anything wrong.

Just remember it's not against the law not to stop. If they are genuine, then drive to the nearest Police Station. I'm sure they won;t give you an overly hard time if you calmly explain your reasons. They might get a bit agro at first, but they can't charge you for it.

I think unmarked cars no longer have a place in today's society. Unless obviously its for non traffic related offences, drugs, dogs, terrorism etc...

[Racecraft]

see this is the exact stuff we were talking about in the other thread.. Where is Swanny or maybe XA Coupe when ya need them...
Speculation can be costly if its not 100% accurate

Me personally I just pull over, the reality is they have your redgo, on or off duty is irrelevant once they have that, wether you get a word of advice on the spot or wait until the policeman is on his next shift to pay you a visit at your home.. I'd know what I'd rather.

[LTDHO]

Yeah I would have kept driving until the next police station. Then walk staght in and report that you were being followed and harrased.
As far as I know, an unmarked can take down details and issue a penalty. I know this has been done before (no to me), but if you took of hard he can get you for recless driving not speeding.

[FNQracing]

Originally Posted by Racecraft

see this is the exact stuff we were talking about in the other thread.. Where is Swanny or maybe XA Coupe when ya need them...
Speculation can be costly if its not 100% accurate

Me personally I just pull over, the reality is they have your redgo, on or off duty is irrelevant once they have that, wether you get a word of advice on the spot or wait until the policeman is on his next shift to pay you a visit at your home.. I'd know what I'd rather.

Yes, they have your details, so if it is a real cop, you have nothing to worry about. When I say don't stop, I'm not suggesting you floor it and try to get away, just drive normally, and if you can, stop at the Police Station and report the incident.

If you do get a visit the next day, just explain your reasons for not stopping. I do strongly suggest you visit a station ASAP before they pay you a visit.

If you MUST stop, then be on guard, lock your doors and wind down the window just enough so you can converse with them. Ask for their ID (moot point really, I could'nt tell the difference between a real and fake ID) and what station they are attached to.

If you suspect you have done something that warrants getting pulled over, then its your choice at the time. All situations are different. Just use your head.

Call me a little paranoid, but I have had an encounter with what obviously was NOT a police car. What did they want? I'll never know.

[whippet_zetec]

if the car doesnt look like a police car, I dont care what flashy badge they have I dont think I would be inclined to stop......and if they were persistant I would be doing as FFO suggests and head to the nearest cop shop and let it all play out there.

As a side point my mate is a cop in Southern NSW, he got his butt kicked a while back for taking on an issue while off duty, the person he bailed up complained to his station (there is a bit more to the story but not needed here)....

[tickford2001]

Cops are NEVER off duty!!

[svo347]

Agreed .. In WA and im sure its the same with all Aust states etc, Cops are NEVER off duty.. They can pull you over at anytime if you are doin the wrong..
how do I know, I got pulled over , well stopped anyways inbetween 2 sets of traffic lights by a guy on a pushbike, who flashed his badge, insisting i was speeding.
Took down my plate # and i $hit you not , received a infringement notice in the mail, for undue & excessive noise,
A$$hole.

[FRDXR6]

I found this on another car forum has some fairly useful information:

Your rights

You have the right to remain silent. You do not have to answer questions, except those about your name and address.

You must give your correct name and address if asked by the police. The police can ask for these details if they believe:

you have broken the law
you are about to break the law, or
you are able to assist them with information about an indictable or serious offence.

The police do not have a right to demand your name and address for no reason.

The police must tell you the reasons for their belief. If they do not give them, you should ask for their reasons.

It is a criminal offence to refuse to give your name and address, or to give false details, and you can be fined up to $500 for these offences by a court.

Police obligations

The police must tell you their name, identification number, police station and rank. They are required to give you this information in writing, if you ask. It may be useful later to have these details, for example, if you want to make a complaint about the police.

The police can also be fined for not giving you their details. For this to happen, you would have to make a complaint. A lawyer can help you do this.

taken from: http://www.legalonline.vic.gov.au/CA...ing+to+police~

[XA-Coupe]

Originally Posted by FRDXR6

I found this on another car forum has some fairly useful information:

Your rights

You have the right to remain silent. You do not have to answer questions, except those about your name and address.

Wrong. You do not have the right to remain silent. You have the right to contact or attempt to conact a legal practitioner, you have the right to contact a friend or relative to inform them of your whereabouts. That's it. This isn't America and we don't have to obey the Miranda legislation.
Having said that .. you also don't have to say anything !!! Except when you are driving to state your name and address .. which they don't actually specify.
Even if you are caught red handed, you cannot be forced to even tell your name and address let alone be forced to answer questions. You may well just get locked up until measures are taken to verify your identity ... but that's a choice made at the time.
Semantics maybe .. but these guys should know better.

Originally Posted by FRDXR6

You must give your correct name and address if asked by the police. The police can ask for these details if they believe:

you have broken the law
you are about to break the law, or
you are able to assist them with information about an indictable or serious offence.

The police do not have a right to demand your name and address for no reason.

Partially correct. If you are driving a car, the police own you. Otherwise... you can voluntarily give your name and address if you don't meet the criteria above.

Originally Posted by FRDXR6

The police must tell you the reasons for their belief. If they do not give them, you should ask for their reasons.

It is a criminal offence to refuse to give your name and address, or to give false details, and you can be fined up to $500 for these offences by a court.

Yep... if their reasons mean anything to you... usually it's blatantly obvious anyway.

Originally Posted by FRDXR6

Police obligations

The police must tell you their name, identification number, police station and rank. They are required to give you this information in writing, if you ask. It may be useful later to have these details, for example, if you want to make a complaint about the police.

The police can also be fined for not giving you their details. For this to happen, you would have to make a complaint. A lawyer can help you do this.

Typically, they don't tell you the whole story until the end. You cannot just walk up to a copper and demand their name number and have them get a fine if they don't ... Usually when people want to make a complaint they have a little bit of paper with it all on there so they have can whine later... hence the complaint.
I like the way that " A lawyer can help you do this". Most of them love sticking it to the police for ego reasons. Conversely, it is quite funny watching a police prosecutor swho has done a 6 week course stick it to a barrister who has done 7 years study and is supposedly experienced and has passed the bar exam.

Originally Posted by FRDXR6

taken from: http://www.legalonline.vic.gov.au/CA...ing+to+police~

And what a bunch of worthies they are. They can't even tell the whole story in a straight fashion.


Police can legally use all their powers off duty ( except to wave you in to a booze bus site ... true !!! ).

Obviously .. if you don't believe they are actually police... drive straight to the nearest police station, obeying all the road rules of course ! If they are legit they will follow you in .. if they aren't you will soon enough find out!
People make a huge deal of nothing when it comes to coppers. I think it stems from believing we are all smarter than the system and that they system doesn't really apply to us.

I am not naieve enough to reckon that cops don't ever brick people .. but I am also smart enough to realise people bend stories or weren't paying enough attention at the time of the alleged offence to actually notice. I had people either lie to my face repeatedly over somethign I saw them do in front of me. Either that, or they really weren't paying enough attention to their driving that they didn't notice which is scarier .

my 2c ex GST.

[dansedgli]

Thanks for that XA, was he allowed to pull me over like he did? Can he actually book me while only using his ute as a reference to my speed?

[DivHunter]

Originally Posted by dansedgli

Thanks for that XA, was he allowed to pull me over like he did? Can he actually book me while only using his ute as a reference to my speed?

Even if he can I doubt it would hold up in court.

[XA-Coupe]

He can pull you over without a problem. As to the use of his car for speed measurement... no he couldn't .. But ... if he doesn't use that as his basis for measurement then that whole line of defense will be worthless.
From what I can gather, you are not likely to get a ticket but if you do... go and see a solicitor .. I would contest it and find out on what basis he is measuring your speed on.
Personally .. I wouldn't sweat it.

[lv619]

You may find this article interesting
http://carpoint.ninemsn.com.au/porta...opDefault.aspx
inparticular this point:

You must stop your vehicle if requested to do so by a police member, and you must obey any lawful direction given to you by a police member.

[FordFan86]

You must stop your vehicle if requested to do so by a police member, and you must obey any lawful direction given to you by a police member.

i was waiting for somebody to point that one out ;)
my dad was a copper 20+yrs ago in NZ, now he works as a security guard... He has explained to me most of what and what cannot be done

[cookie_thief23]

personally i would just pull over in a well populated public place, u might find this even better than a cop shop. pull over in a cop shop and if its a real copper then ur up against 20+ cops who might give u shit for not pulling over. try pulling over at a tv station like ACA or today tonight lol

[dansedgli]

haha, I doubt it will go any further, I was just curious as to what I should have done.

I didnt want to give him a reason to give me a hard time with the car so I pulled over and played nice.

Thanks for the replies guys.
Dan

[Sylox]

With the string of Rapes that occured in Sydney a couple of years ago by a Fake Unmarked car ( Had the lights and the guys had full uniforms) The Police actually stated that if the person didnt feel safe to use your mobile phone to call a police station or 000 and give them the plate of the car thats trying to pull you up. They would then check to let you know if it was a legit copper.

Other wise I'd pull up in town or at the cop shop. Never on a dark rural road. If they want me they can follow me into a brightly lit area eg town. But if i was a fair way out of town I would use my mobile to call and find out if it was legit. And offer my reasons for not pulling up straight away..


After all flashing blue lights and a multi horn can be bought at auto barn and if you pull over and its not a cop you find your walking home.

Originally Posted by Racecraft

Speculation can be costly if its not 100% accurate

This thread is so full of inaccuracies and conflicting advice it's not funny. Different states have different rules, so for those offering "their advice" really need to list there state and preferably a link to such info.
About the only thing that is common sense is if an unmarked car attempts to pull you over you do not need to comply BUT while obeying all road rules either make contact with the police (call 000) or head for the nearest police station. If it is truly a police officer who wants you to pull over and you don't, they will contact a marked car to intercept you, at that point pull over, or continue following you untill you reach the police. Try and keep notes of any dangerous driving behaviour of the unmarked car as it may assist you later.

[DJM83]

tell him he is a :tosser1: then give him the : and the burn off

[Psycho Chicken]

Originally Posted by TuffEDXR

tell him he is a :tosser1: then give him the : and the burn off

Then have your number plate on a post-it note on the dash of every car at the local cop shop.

[lv619]

Originally Posted by Sylox

...The Police actually stated that if the person didnt feel safe to use your mobile phone to call a police station or 000 and give them the plate of the car thats trying to pull you up. They would then check to let you know if it was a legit copper...

Then they can do you over for using a mobile whilst driving... :