If you're pulled over.....
Posted: Thu Apr 01, 2004 4:20 pm
This is in the latest wheels magazine. Good advice if it happens to you.
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Your reactions at the roadside can make or break your case if you decide to go to court
When a police officer stops you at the roadside, some form of conversation inevitably ensues. However amicably this proceeds, bear in mind that the officer's first priority is often to get you to admit to an offence. You are in a highly adversarial situation, but there is no requirement for you to help the police convict you. Strangely, many motorists do just that.
"In the majority of cases it is your statement or admission that makes the police case," says Mark Stenberg, a Sydney-based solicitor specialising in traffic matters. "Be very careful what you say."
And be polite. Police have many discretionary powers, and most good potential outcomes for you will evaporate the instant an officer hears anything sarcastic or rude. Legally, you are only required to provide police with your name, address, date of birth and licence number, and to undergo a breath test if requested. If you are charged with an offence, or think you're about to be, Sternberg advises that you "clearly deny any allegation of a breach of law".
Stenberg also says that if the identity of the alleged offender is an issue, then say so immediately. Do likewise if there are extenuating circumstances such as road conditions, a mechanical defect or a medical emergency. It's too late to tell your solicitor a week later. Never give police permission to search you or your vehicle and, if recording equipment is to be used during a roadside interview, you have to know about it and agree to it.
Stenberg says that you're not obliged to go anywhere with police unless you're under arrest. If you are, don't give written statements or oral admissions, and don't sign anything. If you're not under arrest, get the name, address, and telephone number of any potential witness to the incident and request a written statement from them at the earliest opportunity.
"As soon as the police have left the scene - or you're in a police lock-up - write out a detailed statement of what happened with the date, time, place and relevant people's names, including surname, and who said what. Write down the actual words, not a summary. Then ring a solicitor to discuss your options at your first opportunity."
DO'S
Be polite and avoid sarcasm.
Make police aware immediately of any extenuating circumstances such as mechanical failure or poor road conditions.
Get the names and addresses of any witnesses you may later rely on.
Take photos if relevant.
Write your own notes as soon as possible after police have left the scene.
DON'TS
Immediately incriminate yourself with a verbal statement.
If you're accused of an offence - or think you are about to be - don't give police more than your name, address, date of birth and your license number.
Give police permission to search your vehicle.
Sign anything.
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Your reactions at the roadside can make or break your case if you decide to go to court
When a police officer stops you at the roadside, some form of conversation inevitably ensues. However amicably this proceeds, bear in mind that the officer's first priority is often to get you to admit to an offence. You are in a highly adversarial situation, but there is no requirement for you to help the police convict you. Strangely, many motorists do just that.
"In the majority of cases it is your statement or admission that makes the police case," says Mark Stenberg, a Sydney-based solicitor specialising in traffic matters. "Be very careful what you say."
And be polite. Police have many discretionary powers, and most good potential outcomes for you will evaporate the instant an officer hears anything sarcastic or rude. Legally, you are only required to provide police with your name, address, date of birth and licence number, and to undergo a breath test if requested. If you are charged with an offence, or think you're about to be, Sternberg advises that you "clearly deny any allegation of a breach of law".
Stenberg also says that if the identity of the alleged offender is an issue, then say so immediately. Do likewise if there are extenuating circumstances such as road conditions, a mechanical defect or a medical emergency. It's too late to tell your solicitor a week later. Never give police permission to search you or your vehicle and, if recording equipment is to be used during a roadside interview, you have to know about it and agree to it.
Stenberg says that you're not obliged to go anywhere with police unless you're under arrest. If you are, don't give written statements or oral admissions, and don't sign anything. If you're not under arrest, get the name, address, and telephone number of any potential witness to the incident and request a written statement from them at the earliest opportunity.
"As soon as the police have left the scene - or you're in a police lock-up - write out a detailed statement of what happened with the date, time, place and relevant people's names, including surname, and who said what. Write down the actual words, not a summary. Then ring a solicitor to discuss your options at your first opportunity."
DO'S
Be polite and avoid sarcasm.
Make police aware immediately of any extenuating circumstances such as mechanical failure or poor road conditions.
Get the names and addresses of any witnesses you may later rely on.
Take photos if relevant.
Write your own notes as soon as possible after police have left the scene.
DON'TS
Immediately incriminate yourself with a verbal statement.
If you're accused of an offence - or think you are about to be - don't give police more than your name, address, date of birth and your license number.
Give police permission to search your vehicle.
Sign anything.
