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all the people getting done on suspicion should call the Victoria Police Ethical Standards Department and see what they have to say. From reading on here about what has allegedly happened to some people, I think they would be pretty interested in what has been going on. I'd also write to the papers so the general public are aware of it.

All seems a bit wrong to me, but I'm not a cop or a lawyer so I don't know.

Victoria Police Ethical Standards Department

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I think its good that people like astro boy stand up and fight

Other wise you might as well all become like must of us pohms and bend over and take a corporate cock shafting sir like this fast forward to about 55 seconds

because before you no it they wont be useing any lube and it'll f**king hurt even more.

Mere suspicion alone will suffice for a police officer (PO) to issue you with an EPA notice.

If he is wrong and the matter is taken to court, the PO would have acted within the ambit of his power,

unless it can be established beyond reasonable doubt that the suspicion was poorly formed (that is, whether a reasonable

person in the same position would have evoked the same suspicion or not).

Some factors that will substantiate suspicion include:

a) The vehicle being a common vehicle that is modified and thus in violation of EPA laws.

b) The very presence of an after market exhaust.

Thus, theoretically you can challenge an EPA notice that is made on the grounds of unwarranted suspicion, but it is highly unlikely that

you will succeed. In addition to the above, the PO never 'lies' and magistrates are extremely favourable towards a PO in accepting their integrity and thus in preventing the ''possible obstruction or hindrance'' of the implementation of the law.

NB: I'm a Lawyer. So this isn't a google opinion or something lol.

Mere suspicion alone will suffice for a police officer (PO) to issue you with an EPA notice.

If he is wrong and the matter is taken to court, the PO would have acted within the ambit of his power,

unless it can be established beyond reasonable doubt that the suspicion was poorly formed (that is, whether a reasonable

person in the same position would have evoked the same suspicion or not).

Some factors that will substantiate suspicion include:

a) The vehicle being a common vehicle that is modified and thus in violation of EPA laws.

b) The very presence of an after market exhaust.

Thus, theoretically you can challenge an EPA notice that is made on the grounds of unwarranted suspicion, but it is highly unlikely that

you will succeed. In addition to the above, the PO never 'lies' and magistrates are extremely favourable towards a PO in accepting their integrity and thus in preventing the ''possible obstruction or hindrance'' of the implementation of the law.

NB: I'm a Lawyer. So this isn't a google opinion or something lol.

Good post, thanks for clearing that up. It's going to always be difficult to fight something like an EPA notice, or a defect. I imagine the outcome of such a court case would be based on the individual circumstances; eg if I showed the PO 'evidence' to suggest the exhaust was legal (i.e exhaust reading certificate or something) one could argue that this would address any 'reasonable ground for suspicion'?

A final thought:

+1 for ali (IOWNU)... but what if we pull out a phones and start recording the officer and then see if he can epa us with the car turned of or any other bs defects or racial act.

we are allowed to record them yea? do we have to inform them or nahh?

+1 for ali (IOWNU)... but what if we pull out a phones and start recording the officer and then see if he can epa us with the car turned of or any other bs defects or racial act.

we are allowed to record them yea? do we have to inform them or nahh?

My understanding is that you can legally record any conversation that you are a party to without their knowing or consent.

I recommend that everybody records their conversations with police, because they occasionally 'forget' things on the stand or make things up, i've witnessed it first hand. I just use my phone.

Good post, thanks for clearing that up. It's going to always be difficult to fight something like an EPA notice, or a defect. I imagine the outcome of such a court case would be based on the individual circumstances; eg if I showed the PO 'evidence' to suggest the exhaust was legal (i.e exhaust reading certificate or something) one could argue that this would address any 'reasonable ground for suspicion'?

A final thought:

Exactly right, if you can prove that your vehicle is legal and the PO ignores this, then that suspicion does not amount to reasonable suspicion.

+1 for ali (IOWNU)... but what if we pull out a phones and start recording the officer and then see if he can epa us with the car turned of or any other bs defects or racial act.

we are allowed to record them yea? do we have to inform them or nahh?

See below.

My understanding is that you can legally record any conversation that you are a party to without their knowing or consent.

I recommend that everybody records their conversations with police, because they occasionally 'forget' things on the stand or make things up, i've witnessed it first hand. I just use my phone.

As above, you can record any conversation you are privy to without the consent of the other party.

Note that police also often record the conversation so be careful of being tricked into admissions.

there was a blitz in hastings last night, in about 15 minutes i saw 7 cop cars and two bikes and about 5 of them had bommodores with big exhausts pulled over. there are not many imports on the peninsula, so i didnt see any of them in trouble.

i managed to outsmart them though by having my 'line pulled apart in the shed, thus unable to be defected :rofl:

Paul, it's fair enough to say "remain on on topic", but how can cops blitz loud cars when there's harleys everywhere that are louder than most street cars kicking around?

MUZT3K, many of these offenders aren't from the stereotypical bikie clans. It's a joke.

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