If you're pulled over.....

[Alspos]

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.

[ProZac]

All good advice, but i am dubious about having to agree to any recording equipment being used... as speed cameras would fall under that catagory... Which would make for an odd case in court.

[decoy]

theyve prob got speed detection under something else as its a speed measuring device and only records ur car details (no.plate) if your breaking the law, giving them the rigth to. otherwise you could refuse a breath test cos its a recording device :P

[Camotec]

A mate of mine denied a breath test and was arrested under suspicion of being under the influence of alcohol. and then he was taken to the cop shop to give a blood sample came up clean but the hassle involved.

And i had to pick him up getting filthy looks from the cops, 3/4's of bathurst police used to be corrupt too though, dunno what the ratio is now?

Cheers

[toysrus]

And i had to pick him up getting filthy looks from the cops
Cheers

rofl rofl rofl rofl rofl rofl rofl rofl rofl rofl rofl rofl rofl rofl rofl

[tmz_99]

I just flash my man-boobs.. works every time ;)

[toysrus]

hahahah, very good advice though, I knew the police had a certain procedure about doing these things but never knew exactly. I don't think sarcasm or mumbling remarks help in any conversations.......

[kiwistar]

Would have to agree with the sarcasm and acting like an idiot type advice.

Dont try and outsmart the cop or make him feel small. Just be compliant and provide the information they ask for.
Alot of interaction will come down to how you relate to him/her.
Cant say what it is like in Aus but in NZ it comes down to your attitude.
Believe me I know

[Demost]

When i owned my subaru, fwd, standard no mods whatsoever, i was pulled over for apparently screeching the rear tyres!
Once the cop said that and i said it was front wheel drive, he forgot about it and asked for my license.
jerk off!!

Dave

[Camotec]

I have lost my lisence 3 times from speeding in the past and no ticket for almost 2 years (thank god) but i also used to get harrassed buy 2 coppers constantly until my dad sent them a little letter.

3 suspensions
2x 3month suspensions
1x 6month suspension

the major suspension was a result from street racing based at the broadwater carpark on the gold coast. autosalon every weekend.

Used to race along the freeway between the coast and a shell station 40mins in from the coast

I was in my pulsar sr20det motor and decided to try my luck against a schmiko charger anyways had him in first and then bam the thing shat all over me. then i got done for speeding from some guy with a laser at like 1am. Bugger!

[StarionChef]

dude, ya dont drag chargers

[tmz_99]

seriously... I find the best thing when pulled over is to get straight out of the car, u dont want the cops to be litelary talking down to you, you want to be at an equal level.. and just dont get aggro..

[WANTSOM]

So when I called the young newly graduated copper an 'arse wipe with ears', that was NOT a good thing. I thought he got upset when I said his mother sucked sheep in hell. I have zero time for highway patrol wankers. :o

The funniest thing last year for me was at the bathurst 1000 - watching 6 of the motorcycle guys walking down between the fence and the track all in their nazi boots, jackets and leather caps 2 abreast, 3 rows and the crowd started singing the Mel Brooks song "Men in Tights". Each of the cops turned red and walked with their eyes on the ground. rofl

[decoy]

rofl

[Darkelf]

Just thought I would add my 2 cents worth.

Not all the cops are bad. I got pulled for doing a u turn on Xmas eve 3 yrs ago. Now I was clearly in the wrong. It was at a major junction and I shouldn't have done it.

I was polite, I was lost and told them so. The female officer was given the option of whether to proceed and she let me off. So good on her. She had Xmas spirit!

That being said The Mothers that pulled me on the way home from Cookies one night on Forest Way were just looking for something, anything! They had already pulled one guy. I was driving inside the speed limit hadn't been drinking and was driving carefully.

They got a hell of a shock when they found an older guy not a hoon driving the car, and got more of one when I told them I had been drinking water all night. (That damn Thai we had was soooooooooo salty) and subsequently passed the breath test! LOL The only thing they could say was "disconnect those white, front facing rice lights" LOL

Again I was polite, even though they were being dicks!

So I agree, be polite but I also agree don't give them anything they can use against you.