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-   -   Driver Rights when getting fined. (http://www.perth-wrx.com/vb/non-wrx-discussion/11974-driver-rights-when-getting-fined.html)

pilotboi87 29-04-2007 12:25 AM

Driver Rights when getting fined.
 
Can a undercover cop car pull me over then tell me im getting fines but give me no written notice on the spot....ie can they send it out 4 me to pay later....was he being serious when he told me iv lost 10 or so points????



Does anyone have any experience with this matter????


HELP???

WhiteRX 29-04-2007 12:27 AM

when did this happen?

Mat 29-04-2007 12:28 AM

If memory serves me correctly, Giddy was saying you can as he did a similiar thing and sent someone a fine in the mail when he was on his way home(?) from a trip down south.

Hard to tell whether the copper is bluffing and just trying to scare you though.

saturation 29-04-2007 12:29 AM

yes

ninjawrx 29-04-2007 12:29 AM

I had this happen ... The cop took my details etc and look at drivers licence.

Got fine later in the mail.

I would say that if he didnt take you details down then you are lucky you may get off.

ninjawrx 29-04-2007 12:31 AM

My guess is that later they will run up your record and if you have been good then they might let it slide but if you have bad record for speeding etc or even other criminal offences they will cain you and send it out

pilotboi87 29-04-2007 12:56 AM

tonight

DarkMoose 29-04-2007 05:01 AM

ROFL 10 Points, wtf where u doing!

pilotboi87 29-04-2007 08:55 AM

speeding 86 in 60 zone nd i used 2 lanes in roundabout nd not sure what else he didnt add it all up or explain it to me then and there....that why i think he could have been bluffing and he took my name and numberplate but didnot take my licence details cause my licence was somewhere on the floor of the car...

ImPreSiV 29-04-2007 09:01 AM

haha he can look up your rego and find all your details.. don't worry about that.

I'd say your playin the waiting game.

chee 29-04-2007 09:11 AM

what fine can you get for cutting lanes on a 2 lane round about?

late at night, i tend to get lazy and just pick the straight line.

ImPreSiV 29-04-2007 09:20 AM

the law doesn't switch off at 11:00pm just coz ppl are getting off the road...

if it was 2:00am and u were driving home and there was a cop sitting at the round-a-bout waiting to go thru, I bet u would stay in 1 lane...

This is why there are so many accidents... ppl say, "meh its late, no cops, no laws.... 160... omg!! Tree!!"

fobz 29-04-2007 09:42 AM

[QUOTE=pilotboi87]Can a undercover cop car pull me over then tell me im getting fines but give me no written notice on the spot....ie can they send it out 4 me to pay later....was he being serious when he told me iv lost 10 or so points????



Does anyone have any experience with this matter????


HELP???[/QUOTE]


Here is a tip. If they are not in a clearly marked unit, then DO NOT STOP.
My attitude is this. I you cannot identify yourself as a police officer
then I will not stop for you and I will tell a court I was frightend for my
safety. NEVER wind down the window.

I tell my GF this as I don't want any sicko acting like a cop to pull her
over and molest her. If it ain't in a marked unit, ignore it. If you
get a fine for "failing to stop" then you can simply indicate that you
did not believe they were a police officer coz they did not clearly identify
themselves and you were fightened for your safety if you did.

If they are in their normal car and cut in front of you and stand on
the brakes to force you to stop the DO NOT get out of the car. Get
on your phone and ring the police and report a dangerous driver.

chee 29-04-2007 10:10 AM

To quote page 23 of section 3 of the drive safe handbook (rules for wa)

[quote]Generally, take care when you drive in a roundabout, especially when you are
[b]changing lanes[/b] and leaving it.[/quote]

[url]http://www.dpi.wa.gov.au/licensing/learnerdrivers/1464.asp[/url]

another reason why you should be able to is due to the broken lines arround the round about.

so basically you might get done for not using indicators.

impreza_GT 29-04-2007 10:23 AM

[QUOTE=chee]To quote page 23 of section 3 of the drive safe handbook (rules for wa)



[url]http://www.dpi.wa.gov.au/licensing/learnerdrivers/1464.asp[/url]

another reason why you should be able to is due to the broken lines arround the round about.

so basically you might get done for not using indicators.[/QUOTE]


But he did use the indicators.... ;) ;) ;) ;) ;)

RichX 29-04-2007 10:29 AM

Sounds like he got owned at the cruise he organised last night ..

chee 29-04-2007 02:26 PM

there was no mention in his post about that.

and i was wondering myself as i do it late at night and theres no one around.

RichX 29-04-2007 03:00 PM

[QUOTE=chee]there was no mention in his post about that.

and i was wondering myself as i do it late at night and theres no one around.[/QUOTE]

[url]http://www.perth-wrx.com/vb/showthread.php?t=11965[/url]

:D

Mat 29-04-2007 05:50 PM

Chee, you'll get pinged for it. My mates dad is a respectable citizen, high up in the private school stuff and did what you do in his bmw... He was nailed!

Also, if you dont stop, i reckon they'll charge you for failing to stop...

Brutus 29-04-2007 06:51 PM

Can police book you if they are not wearing their uniform?

I thought all police had to exit the vehicle and put on the hat etc before they could do you for anything???

Giddyup 29-04-2007 07:00 PM

[QUOTE=fobz]Here is a tip. If they are not in a clearly marked unit, then DO NOT STOP.
My attitude is this. I you cannot identify yourself as a police officer
then I will not stop for you and I will tell a court I was frightend for my
safety. NEVER wind down the window.

I tell my GF this as I don't want any sicko acting like a cop to pull her
over and molest her. If it ain't in a marked unit, ignore it. If you
get a fine for "failing to stop" then you can simply indicate that you
did not believe they were a police officer coz they did not clearly identify
themselves and you were fightened for your safety if you did.

If they are in their normal car and cut in front of you and stand on
the brakes to force you to stop the DO NOT get out of the car. Get
on your phone and ring the police and report a dangerous driver.[/QUOTE]

Yeah I wouldn't be doing that if I was you. Just because it isnt a marked car, doesnt mean you can just keep on cruising. The police have more kinds of cars than you think, not just the ol ford and holden. There are forries, turbo astras, 380's, just to name a couple. As for getting a fine for failing to stop, that won't happen. More or less will be dragged out the window and locked up if you don't get out straight away.

As for not wearing a uniform, of course you can still be done for something.

Giddyup 29-04-2007 07:02 PM

[QUOTE=fobz]Here is a tip. If they are not in a clearly marked unit, then DO NOT STOP.
My attitude is this. I you cannot identify yourself as a police officer
then I will not stop for you and I will tell a court I was frightend for my
safety. NEVER wind down the window.

I tell my GF this as I don't want any sicko acting like a cop to pull her
over and molest her. If it ain't in a marked unit, ignore it. If you
get a fine for "failing to stop" then you can simply indicate that you
did not believe they were a police officer coz they did not clearly identify
themselves and you were fightened for your safety if you did.

If they are in their normal car and cut in front of you and stand on
the brakes to force you to stop the DO NOT get out of the car. Get
on your phone and ring the police and report a dangerous driver.[/QUOTE]

Yeah I wouldn't be doing that if I was you. Just because it isnt a marked car, doesnt mean you can just keep on cruising. The police have more kinds of cars than you think, not just the ol ford and holden. There are forries, turbo astras, 380's, just to name a couple. As for getting a fine for failing to stop, that won't happen. More or less will be dragged out the window and locked up if you don't get out straight away.

As for not wearing a uniform, of course you can still be done for something.

And yes, you can be stopped and told you'll receive a ticket in the mail. Happens all the time. As for just getting your registration and finding all your details from there, that doesn't always work as quite often the driver is not the registered owner. But then we just chase them up under the ownus that they must tell us who was in the car. Its the law now, if they dont they go to court and there are big fines for that.

Fozzy 29-04-2007 07:14 PM

Double reinforcement by Gidds

chee 29-04-2007 07:19 PM

[QUOTE=RichX][url]http://www.perth-wrx.com/vb/showthread.php?t=11965[/url]

:D[/QUOTE]

[QUOTE=impreza_GT]But he did use the indicators.... ;) ;) ;) ;) ;)[/QUOTE]

SNAP MOTHERFUCKER.

chee 29-04-2007 07:20 PM

Giddy, can i get verification RE: dual lane usage of a roundabout? :)

stebaun 29-04-2007 07:26 PM

why would cutting lanes in a roundabout be legal?

DAN682 29-04-2007 07:33 PM

[QUOTE=fobz]Here is a tip. If they are not in a clearly marked unit, then DO NOT STOP.
My attitude is this. I you cannot identify yourself as a police officer
then I will not stop for you and I will tell a court I was frightend for my
safety. NEVER wind down the window.

I tell my GF this as I don't want any sicko acting like a cop to pull her
over and molest her. If it ain't in a marked unit, ignore it. If you
get a fine for "failing to stop" then you can simply indicate that you
did not believe they were a police officer coz they did not clearly identify
themselves and you were fightened for your safety if you did.

If they are in their normal car and cut in front of you and stand on
the brakes to force you to stop the DO NOT get out of the car. Get
on your phone and ring the police and report a dangerous driver.[/QUOTE]

I agree with you fobz. I have had a guy in a falcon station wagon, unmarked, no lights, no anything, holding an id card up along side of me signaling to pull over, I kept driving, gave him a wave and let him get on with it, he tail gated, got in front of me and braked, flashed, everything. Fuck them, if they have no lights on, I am NOT pulling over. That simple.

chee 29-04-2007 07:36 PM

[QUOTE=stebaun]why would cutting lanes in a roundabout be legal?[/QUOTE]

If i was to use indicators.

fobz 29-04-2007 07:53 PM

[QUOTE=Giddyup]Yeah I wouldn't be doing that if I was you. Just because it isnt a marked car, doesnt mean you can just keep on cruising. The police have more kinds of cars than you think, not just the ol ford and holden. There are forries, turbo astras, 380's, just to name a couple. As for getting a fine for failing to stop, that won't happen. More or less will be dragged out the window and locked up if you don't get out straight away.

As for not wearing a uniform, of course you can still be done for something.

And yes, you can be stopped and told you'll receive a ticket in the mail. Happens all the time. As for just getting your registration and finding all your details from there, that doesn't always work as quite often the driver is not the registered owner. But then we just chase them up under the ownus that they must tell us who was in the car. Its the law now, if they dont they go to court and there are big fines for that.[/QUOTE]


I understand that police officers do have different sorts of cars,
but still i WILL NOT STOP. The bottom line is they could be a psycho.
I am happy to follow someone to a police station, but I am sure
a judge will agree that late at night I would be stupid to stop
unless it is a marked unit because my safety could be in question.

On a side note, [B]have you ever noticed on armoured cars that they
say "I will not stop for you, but will be happy to stop at the nearest
police station". Good enough for them, good enough for me...
the precedence has been set your honour[/B].

No offence Giddy, but if you are not in a marked unit... I simply
won't pull over for you. If you are in a car with lights/siren then
I will be more than happy to stop and have a chat :D

Fozzy 29-04-2007 08:10 PM

Most unmarked cop cars have.. A siren, roof magnet revolving light,deckblasters and rear dash mounted lights these days...

The the two coppers sitting in in give it away..

I reckon a magistrate might side with the coppers..

DAN682 29-04-2007 08:15 PM

[QUOTE=Fozzy]Most unmarked cop cars have.. A siren, roof magnet revolving light,deckblasters and rear dash mounted lights these days...

The the two coppers sitting in in give it away..

I reckon a magistrate might side with the coppers..[/QUOTE]

Those cars, of course I would pull over for. I am talking about the cars with sweet FA on them.

skitzyrex1 29-04-2007 08:48 PM

[QUOTE=Giddyup]
But then we just chase them up under the ownus that they must tell us who was in the car. Its the law now, if they dont they go to court and there are big fines for that.[/QUOTE]

Yes, and a good friend of mine who is a copper tells me to just give 100 names down of possible drivers.

Kato 30-04-2007 08:47 AM

[QUOTE=skitzyrex1]Yes, and a good friend of mine who is a copper tells me to just give 100 names down of possible drivers.[/QUOTE]

If you (the vehicle owner) cannot give the exact name of the driver, you (the vehicle owner) will receive massive fines now.

If your vehicle is in a business name, bend over now.

The new law basically says that if the owner of the vehicle cannot keep record of who was driving the vehicle at the time, they will be punished accordingly.

EXPLICIT 30-04-2007 10:25 AM

You weren't done on the spot, leaving it open for speculation. Go get a GOOD lawyer and stick it to them. Many a loop hole there, just get a good lawyer.


Agreed, if there's no official light/siren, be it an unmarked car, i won't stop for shit. Had an older gent trying to get me to pull over a few years ago, flashing and pulling up alongside, until the light was on the roof i wasn't going to stop. I explained myself when i pulled over and he agreed. Its a police nazi state but doesn't mean you don't have rights.

EXPLICIT 30-04-2007 10:49 AM

[QUOTE=Kato]

If your vehicle is in a business name, bend over now.

The new law basically says that if the owner of the vehicle cannot keep record of who was driving the vehicle at the time, they will be punished accordingly.[/QUOTE]

No problem, fine the business owner but, without PROOF of the driver, no demerit points can be accumulated. No matter what law's are introduced, assumption can't hold u directly liable.

Kato 30-04-2007 11:30 AM

[QUOTE=EXPLICIT]No problem, fine the business owner but, without PROOF of the driver, no demerit points can be accumulated. No matter what law's are introduced, assumption can't hold u directly liable.[/QUOTE]

What I meant was with the new laws you get the following:

This is from the DPI's quick guide to the new law:

For general public:
[quote]It may be easy to identify the driver from the Police photograph, but if the Police ask you to identify who you allowed to use your car, and you cannot tell them, or refuse to tell them, you are liable for penalties.

First, you will receive the demerit points for someone else’s bad driving. (These could be double demerits at holiday periods.) Second, you will have to pay the fine as you will be presumed to have been the driver.

Third, if the Police ask you to identify the driver and you cannot; and if you cannot show that you took “reasonable measures” or made “reasonable arrangements” to ensure you knew who was in charge of your car, you also could be fined. For individuals, the penalty is $1,200 for a first offence and up to $2,400 for subsequent offences.
[/quote]

For business vehicles:
[quote]Under the new laws, companies with vehicles licensed in their name will be the ‘Responsible Person’. This means they can also be fined for failing to take “reasonable measures” or make “reasonable arrangements” to ensure they knew who was in charge of a company vehicle. For corporations, the penalty is $5,000.[/quote]

This is also confirmed in the road traffic act:
[quote]ROAD TRAFFIC ACT 1974 - SECT 58
Duty of owner to identify offending driver

58 . Duty of owner to identify offending driver

Any owner of a vehicle and any person to whom for the time being the possession or control of a vehicle may be entrusted shall, if required by a member of the Police Force, give any information which it is in his power to give, which may lead to the identification of any person who was driving or who was in charge or control of the vehicle when an offence under this Act, is alleged to have been committed.

Penalty: For a first offence, 12 PU.

For a subsequent offence, 24 PU.

[Section 58 amended by No. 105 of 1981 s. 19; No. 11 of 1988 s. 24; No. 50 of 1997 s. 13.]
[/quote]

So basically they are saying put the vehicle in the business name and make sure you do a good job of speeding :D

EXPLICIT 30-04-2007 12:28 PM

Presumption is open to plenty of speculation......damn you'd make good money as a lawyer in the traffic claims division :D

LTDGC8 30-04-2007 01:29 PM

wow...all this is so interesting....

i agree with Fobz.... i dont think i'd stop over for some random car...... unless i can clearly identify its a cop.....

Sketchey 30-04-2007 03:38 PM

[QUOTE=fobz]Here is a tip. If they are not in a clearly marked unit, then DO NOT STOP.
My attitude is this. I you cannot identify yourself as a police officer
then I will not stop for you and I will tell a court I was frightend for my
safety. NEVER wind down the window.

I tell my GF this as I don't want any sicko acting like a cop to pull her
over and molest her. If it ain't in a marked unit, ignore it. If you
get a fine for "failing to stop" then you can simply indicate that you
did not believe they were a police officer coz they did not clearly identify
themselves and you were fightened for your safety if you did.

If they are in their normal car and cut in front of you and stand on
the brakes to force you to stop the DO NOT get out of the car. Get
on your phone and ring the police and report a dangerous driver.[/QUOTE]

WOW...such intelligence....*insert exploding sarcasm detector*

The reason I say this is because I tried this. You WILL go to court, you WILL be charged like it or not.

You are the typical 'fuck the cops' attituded punk that they will love to pick on.

End Rant

Brutus 30-04-2007 04:12 PM

Wind down the window and stick the twin barrels of a sawn off out at the 'unidentified' vehicle next to you... This will cause a number of possible outcomes...

1. They are also packing heat and there may be the chance of hail in the streets... hails of bullets... :D :icon_axe:
2. They are police... they will very quickly identify themselves and proceed to arrest you/call for back up/drive really really fast away... :oops:
3. They were just randoms $%cjing around.... they will never do that prank again and society will be better of for it...:laughing4


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