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Court Apperance

gdogzgtr

By gdogzgtr,
in Victoria

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krzysiu Grand Master

krzysiu

Posted
Posted

Yea happened to me. But the cop lied saying he followed me for 100m. He swerved across 2 lanes to get behind me and turned his sirens on. He did not follow me for 100m. Of course a court is not going to take my word for it so I paid. It's bullshit but ah well

W0rp3D Grand Master

W0rp3D

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Posted
My advice is to get legal representation as this person represented himself and was a debacle.

As the old saying goes, a man that represents him self in court has a fool for a client.

Do the in car speedo's get calibrated on a regular basis, i got pulled over in geelong a few years back and th guy said i was doing 100 in a 80, i asked if he had the calibration certificate because i was'nt doing 20 over, he told me i could see it in court, i replied, so your not going to show me or you dont have one, he then started calling me a c-unt, arse hole, mother f**ker and everything else he could think of, he then went and checked my license came back and gave me a breatho, handed me my license and walked off, i asked him where the fine was and he told me that i have 4 points left, he is going to keep my details and when i only have 1 point left he was going to send me a summons and take my license off me on the day i go to court so i have to walk home.

I'm guessing he didnt give me a fine because then i would have his details then, i did ring the cop shop but since i didnt get his name they said there was no way of knowing who he was, which is a lie, a mate has 2 brothers who are cops and one of them told me that he got in the shit for doing a license check on someone and forgot to log the reason for it so there is obviously a way to see who last did a check on my license.

He was definately pissed tho when i asked for the calibration record.

BeEnAr Experienced

BeEnAr

Posted
Posted

hey Graeme, isn't there a set distance if doing a TUPMED (follow) of 300m, what I mean is, don't you need to be following the car for at least that distance? Or is that for Timed distance (point to point) measurement?

When I was on my P plates a few or more years ago and driving my Mazda, I got done by an off duty cop in his personal car doing (estimated) in excess of 120km/h in a 60 zone. I wasn't pulled over, I got home a couple of hours later and had 2 police cars come to my house and 4 officers come to the door to give me the card of the off duty officer and asked me to call him. I called him and he asked who was driving my car on (insert road here) at (insert time). I said it was me and he then said I drove past him as he was turning out of a street and he took off after me and got to 120km/h and I was still pulling away from him, he then said he estimated my speed in excess of 120. I wore the fine ($1500) and licence loss of 18months.

Now that I am smarter and wiser and have a better understanding of the law, could I not have fought this and bought up the argument that an off duty police officer is not allowed to speed in his own car and he had no accurate measurement of my speed? It's always bugged me is the only reason I ask. He was a Senior Constable or a Seargent from memory. But still I didn't think police were allowed to speed unless in an unmarked/marked car and/ot on duty.

gdogzgtr Proficient

gdogzgtr

Posted
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I would generally want to follow car at constant speed for at least 10-15 seconds minimum to get accurate speed. I know that our cars get calibrated regularly, how often I don't know. I know our laser/radar are calibrated each year.

I think that the off duty member would be covered to drive at that speed as he was acting course of his duties even though he was off duty.

I think that members who go angry are just showing their frustration at being poor in their duties/knowledge. I never see a point in getting angry. I always find a way to punish a person who fires up at me using the law and my knowledge to my advantage.

IOWNU Grand Master

IOWNU

Posted
Posted
Looking forward to to the EPA thing.

@ IOWNU, how long more to you not being a noob lawyer anymore?

Until early 2011, after that I will be qualified to do my own thing. :)

Can't be stuffed working for firms anymore, so my friend and I are going to take a gamble and see how our business venture pans out. :)

Like I said before, we will float details on here as things start happening.

xALmoN Grand Master

xALmoN

Posted
Posted
Until early 2011, after that I will be qualified to do my own thing. :)

Can't be stuffed working for firms anymore, so my friend and I are going to take a gamble and see how our business venture pans out. :)

Like I said before, we will float details on here as things start happening.

Sounds pretty good, 2011 isn't all that far off.

xALmoN Grand Master

xALmoN

Posted
Posted
The EPA notice form is so basic for us to fill out. It only asks if the car was "loud" or "smoke" coming from exhaust. There are boxes to tick if car has FMIC, pod filter etc but for noise it only needs us to tick box saying loud.

IMO this should be changed, its ridiculous, just because a police personnel thinks something is loud doesn't mean its illegally so. Pretty much bullshit, what's stopping a cop from ticking loud on every import he sees? Pretty much nothing, and then we're made to waste time AND money to get it tested only to find out it was legal after all.

W0rp3D Grand Master

W0rp3D

Posted
Posted
IMO this should be changed, its ridiculous, just because a police personnel thinks something is loud doesn't mean its illegally so. Pretty much bullshit, what's stopping a cop from ticking loud on every import he sees? Pretty much nothing, and then we're made to waste time AND money to get it tested only to find out it was legal after all.

you do realise that you are in the state that has officially removed the "innocent untill proven guilty" and replaced it with "you are what ever we think you are which changes with the mood or degree of power trip our officers have at the time"

xALmoN Grand Master

xALmoN

Posted
Posted
you do realise that you are in the state that has officially removed the "innocent untill proven guilty" and replaced it with "you are what ever we think you are which changes with the mood or degree of power trip our officers have at the time"

Meh, should have gone to UQ instead of RMIT eh?

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