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Old 25-03-2005, 08:31 PM   #1
olfella
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: I noticed on the news tonight the cops are rampling uptheir presense over the Easter break, as they allways do. In a news clip advising this they had a ramdon breath station pull a driver over and the cop said 'this is a random breath test show me your licence'. Now I now it is always a good idea to comply with const plod but I thought procedurelly and legally, they should give a test and if it was no good then ask for the licence.

Say the story goes, pulled over for a rendom breath test and they spotted a baldy tire. If it goes to court, can your defence be that they never suspected you had a baldy tire prior to pulling you over and therefore have the case dismissed?

To cut to the chase, what I am getting at is can you be pulled over for one thing and be charged with something complety different??
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Old 25-03-2005, 08:41 PM   #2
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Ofcourse you can, if the cop was a big enough *******.
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Old 25-03-2005, 08:43 PM   #3
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yep, unfortunatley.
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Old 25-03-2005, 08:49 PM   #4
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Firstly, its my understanding that a police officer can ask you to identify yourself at any time for any reason during the course of their duties.

Secondly, of course you can be charged with subsequent offenses of any kind as the police become aware of them. If they arrest a person for murder, and then through DNA evidence find out he also raped a dozen women, he would of course be charged and tried for the rapes as well as the murder. Thats just common sense.

If you get pulled over for not indicating, and in the course of their duties the police find you are drunk or drugged, you will be charged. If they find your car has a defect, it will get a defect notice. You wont get it dismissed.
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Old 25-03-2005, 09:29 PM   #5
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i've never been asked for ID for a breath Test. Probably just did it for the News clip, to look more professional.
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Old 25-03-2005, 09:34 PM   #6
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damo, they wont unless you're over.... so you probably never will be asked, unless you're an idiot
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Old 25-03-2005, 09:56 PM   #7
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The opposite happened to me the other day. Got pulled over for an RBT, was asked for my lisence but was never tested.
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Old 25-03-2005, 10:03 PM   #8
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They can on a random breath test, they can't at a breath testing station. Of course they can always pull you up for it down the road.
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Old 25-03-2005, 10:04 PM   #9
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Quote:
Originally Posted by Peuty
The opposite happened to me the other day. Got pulled over for an RBT, was asked for my lisence but was never tested.
wi3rdos!
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Old 25-03-2005, 11:09 PM   #10
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Quote:
Originally Posted by Psycho Chicken
They can on a random breath test, they can't at a breath testing station. Of course they can always pull you up for it down the road.
If they are doing a booze bus they can ask you to do anything within their power.. including showing your licence then and there.
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Old 25-03-2005, 11:38 PM   #11
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As XA has said, they can do/ask whatever they are legally allowed to at any time.

In NSW at least, regardless of what you are pulled over for, the licence is usually the first thing they ask for. I have on occasion been pulled over at random after they've followed me for a while - see a flash of the highbeams and then the little dash lights come on, and all they want is to see my licence, then they let me go.
And yes it is very possible for them to book you for something else - they dont exactly say 'look your tyre is stuffed but we'll get you for that another 500m down the road'.
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Old 26-03-2005, 11:55 AM   #12
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i always get asked for my liscense,

i thought it was normal.
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Old 26-03-2005, 11:58 AM   #13
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Thanks for clearing that up for me fella's. I guess I will be a good boy and do as I am told. Cheers - Eric
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Old 26-03-2005, 12:02 PM   #14
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i've had them check the rego sticker at a randm breath testin station before.
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Old 26-03-2005, 03:28 PM   #15
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everytime ive been thru a RBT i have to show my license
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Old 26-03-2005, 03:42 PM   #16
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Quote:
Originally Posted by XA Coupe
If they are doing a booze bus they can ask you to do anything within their power.. including showing your licence then and there.
Then why is it my dad, a copper of 30 years, one of the guys who came up with the current booze bus system was asked for his licence at one the other week, said "You can't do that, this is for preliminary breath testing only" and the senior constable said "How do you know that?" and sent him on his way?
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Old 26-03-2005, 09:34 PM   #17
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When I got pulled over for breath testing, I was not asked for my licence.
Actually they semed more interested in my dog, which my grandfather had in the backseat.:
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