Getting Pulled Over.

Heya ppl,

Stopped for fuel last night around 12:30, cops zoomed in next to me, and
gave me a breath test, was under... but I didnt think that in NSW they had
the right to test someone on Private Property? or there an execption to the
rule?

-Whitey

 

It's not your property.
No different to booze buses and rbt's in car parks.

 

this should be fun

 

Even though its in private ownership, it's public access. We've had rbt's
operating within the grounds of the TAFE college where I work in the past
(to calm the final week celebrations of some apprentices).

Al

 

I see, So if it was my property its a different story? What could i do then?
What grounds have they got to pin anything on me if i refuse to leave my
property so they can breath test me?

 

I wouldn't bet on that. In Queensland I belive the coppers are at
liberty to breathalyse you even if you have pulled in your own
driveway.

Cheers,

Bill_h

 

speaking in Victoria

the police have no "right" to breathalyze you, you have the "right" to
refuse, then they have the "right" to take away your license.

simple really

mh
(well the courts take it away)

 

The way I understand privacy laws if the police followed you on the
assumption youm were drinking into your property then they can
breathalyse you under reasonable suspicion asthis followed from the
preceding event.
If you were in your property and they suddenly turn up and ask for a
breath test then you can refuse as one event didn't follow the other.
Cops are not alowed entry into your property without your consent and
without a warrant unless they have a reasonable belief a crime is being
commited.

 

Rob White is of the opinion:

I reckon if they observed you operating a motor vehicle on a public street,
and decided they wanted to administer a breath test after you had left the
vehicle, and you lit it up, you'd be toast. I doubt the beak would let you
off because you were tested in your loungeroom.

- Matt

 

If there is sufficient reason to believe that operation of a motor
vehical ( or other criminal act)under the influence to the detriment of
your self or others occurs it can be enough to allow passage (
justification ) past your front door and eventually can lead to arrest .
In other words some one might just drop some oregano baggy about the
place . ( I know someone who had this shite foisted on them)

 

In Victoria, the offence of Exceed PCA (Over .05) takes place anywhere. If
you crashed your bike on private property and were taken to hospital,
Police can make sure blood is taken. If your over your done for it. Also,
even though a Petrol Station belongs to someone else, it is a road related
area, meaning you can be required to undergo a PBT.

Buzz (Who hasn't posted for a looooong time)

 

I know the mobile phones at servo's saga is supposed to be a rumour gone
wrong, but... you could've thrown a wobbly and pointed at the servo
signs saying "no mobile phones", and told them to turn off their
breathalyser before they blew everyone up. Would've been interesting to
see their reaction Unless of course their reaction was "sir these
are completely sealed units and are safe to use in this environment", in
which case you would've felt like a dill.

A friend of mine got done for low range drink driving on a privately
owned road in NSW last week. AFAIK, it's illegal to operate a vehicle
even on private property if you've over the limit, and the police have
the right to RBT you anywhere if you're behind the wheel.

--
SL

"The essence of propaganda consists in winning people over
to an idea so sincerely, so vitally, that in the end they
succumb to it utterly and can never again escape from it"

Joseph Goebbels - Nazi Minister of Propaganda, 1933 - 1945

 

Words to the effect of "permitted to enter private property
for the porpoise of apprehening someone when they are operating
on the reasonable believe that the person has committed a crime."
DUI is a crime. Reasonable belief: you were riding a bike, so
you must be guilty. Game over.

GB

 

Kinda takes half the fun out of a good paddock bash, doesn't it!

GB

 

Well that's something you can do something about.

Welcome back.

(been away or just lurking?)

Moike

 

You mean I can't ride my mower with a stubby in my hand?

Theo

 

Can they apprehen dolphins as well?

Theo

 

Too long. Welcome back, Buzz.

 

Strictly limited to porpoises AFAIK.

GB, I wonder if there's a seperate clause for ostriches?

 

I was about to reply to Sir Lex, "They'll be chasing me around the paddock
for a while if they try and do a BT while I'm cutting the grass!"

Lucky I checked first to make sure you weren't doing a Knob!

I sit my stubby on a shady fence post and have a pit stop every lap. The old
Briggs and Stratton vibrations flatten the beer too quick!