GTR-N1 Posted September 8, 2013 Author Share Posted September 8, 2013 Is there much to be gleaned Tim by our Members by having a Tech Night with a Traffic Lawyer? Maybe I'm presumptuous but I believe there are many who would like 'conflict resolution' questions clarified whilst dealing with traffic laws, defect stations and HWP officers from time to time... Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7011069 Share on other sites More sharing options...
TREGTR Posted September 8, 2013 Share Posted September 8, 2013 Is there much to be gleaned Tim by our Members by having a Tech Night with a Traffic Lawyer? Maybe I'm presumptuous but I believe there are many who would like 'conflict resolution' questions clarified whilst dealing with traffic laws, defect stations and HWP officers from time to time... I would be happy to either give or arrange for a few of these. The first could be on understanding the laws that operate in this space, as there have been some recent developments and then build from there. Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7011099 Share on other sites More sharing options...
vorse Posted September 9, 2013 Share Posted September 9, 2013 kind of off topic but i want a definitive answer as to how much you have to actually submit to when stopped for a "Random breath test" Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7011345 Share on other sites More sharing options...
TREGTR Posted September 9, 2013 Share Posted September 9, 2013 (edited) kind of off topic but i want a definitive answer as to how much you have to actually submit to when stopped for a "Random breath test"You can refuse, but the subsequent arrest and charge for refusing to supply a specimen of breath for a breath test is pretty high.The more salient question is: why would you be drink driving over the limit in the first place? That's the only reason why you'd refuse. Edited September 9, 2013 by TREGTR Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7011395 Share on other sites More sharing options...
BlackTemplar Posted September 9, 2013 Share Posted September 9, 2013 kind of off topic but i want a definitive answer as to how much you have to actually submit to when stopped for a "Random breath test" You can refuse, but the subsequent arrest and charge for refusing to supply a specimen of breath for a breath test is pretty high. The more salient question is: why would you be drink driving over the limit in the first place? That's the only reason why you'd refuse. i think he is more meaning if the officer goes on a tangent eg I was stopped coming home from Melbourne literally around the corner from my for an "RBT" at around midnight. It wasnt HWP though, I think he was a detective, had a different uniform, non-HWP unmarked police car, didnt really seem to know what he was doing. He ended up asking where I was from (around the corner was my actual answer lol), where I had been, why was I driving so late at night, why had I gone to Melbourne, was it my car, looked inside my car in all the windows, was commenting about my camera gear on the back seat (I had been down looking at an S14 to buy so I took photos) All a bit excessive for an "RBT". Im guessing he had been investigating a crime nearby, saw me drive past when he was on his way back to the station, followed me to almost my door step. I was too tired to give a fark but probably would have ripped into him if he had gone any further as it was late and I was tired and just wanted to get to bed. What I think Braden means is if something like that happens, do you legally have to do anything other than provide your license and blow in the machine Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7011472 Share on other sites More sharing options...
GTR-N1 Posted September 9, 2013 Author Share Posted September 9, 2013 I would be happy to either give or arrange for a few of these. The first could be on understanding the laws that operate in this space, as there have been some recent developments and then build from there. Many thanks Tim. Will be in touch for mid 2014 Tech Night Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7011574 Share on other sites More sharing options...
4teecal Posted September 9, 2013 Share Posted September 9, 2013 What I think Braden means is if something like that happens, do you legally have to do anything other than provide your license and blow in the machine The devil is in the detail and each state is different. NSW. You are obliged to carry your licence You are obliged to stated your name and address and specimen of signature if required. You are obliged to provide a breath test, or a urine/blood sample if it is so required. You are obliged to provide your version of events in an accident. You are obliged to surrender your licence, number plates or car if so directed. It goes on and on. The Road Transport legislation has some of the widest ranging powers that police have. Supplying details of your passengers, whereabouts etc are not required, unless it involves an indictable offence. So if you get stopped for a RBT, it can involve a lot of powers. Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7011947 Share on other sites More sharing options...
TREGTR Posted September 9, 2013 Share Posted September 9, 2013 The devil is in the detail and each state is different. NSW. You are obliged to carry your licence You are obliged to stated your name and address and specimen of signature if required. You are obliged to provide a breath test, or a urine/blood sample if it is so required. You are obliged to provide your version of events in an accident. You are obliged to surrender your licence, number plates or car if so directed. It goes on and on. The Road Transport legislation has some of the widest ranging powers that police have. Supplying details of your passengers, whereabouts etc are not required, unless it involves an indictable offence. So if you get stopped for a RBT, it can involve a lot of powers. Correct. There are some arguments that are worth a submission, like blood testing verse religious beliefs. It is really quite involved as you rightly pointed out. Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7012082 Share on other sites More sharing options...
4teecal Posted September 9, 2013 Share Posted September 9, 2013 Correct. There are some arguments that are worth a submission, like blood testing verse religious beliefs. It is really quite involved as you rightly pointed out. True. Similar in vein to carrying a knife V religious beliefs. Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7012199 Share on other sites More sharing options...
TREGTR Posted September 9, 2013 Share Posted September 9, 2013 True. Similar in vein to carrying a knife V religious beliefs. Or a letter opener... No serrated edge, so doesn't cut Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7012223 Share on other sites More sharing options...
vorse Posted September 15, 2013 Share Posted September 15, 2013 back on topic what do i have to submit to and what do i not agreed you have to provide name and licence but as far as getting out of the car and asked to open boot bonnet or allow an officer to search car you don't as far as i am aware Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7020563 Share on other sites More sharing options...
TREGTR Posted September 15, 2013 Share Posted September 15, 2013 back on topic what do i have to submit to and what do i not agreed you have to provide name and licence but as far as getting out of the car and asked to open boot bonnet or allow an officer to search car you don't as far as i am aware Is this in relation to a specific incident you had, or generally? Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7020757 Share on other sites More sharing options...
vorse Posted September 16, 2013 Share Posted September 16, 2013 Is this in relation to a specific incident you had, or generally? little of column a little of column b 1 Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7021821 Share on other sites More sharing options...
TREGTR Posted September 16, 2013 Share Posted September 16, 2013 little of column a little of column b Me too. I got out of it. Moelders can back me on this one I'll PM the answer. Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7021881 Share on other sites More sharing options...
MBS206 Posted September 17, 2013 Share Posted September 17, 2013 I'm curious on the powers of "pop the bonnet son" As I've recently heard in NSW they can only ask, you do t have to oblige. Pop the bonnet usually results in "have a defect". It would be good if everyone could be well informed. Are there specific places we can read the rules as written by the law? Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7022894 Share on other sites More sharing options...
TREGTR Posted September 17, 2013 Share Posted September 17, 2013 I'm curious on the powers of "pop the bonnet son" As I've recently heard in NSW they can only ask, you do t have to oblige. Pop the bonnet usually results in "have a defect". It would be good if everyone could be well informed. Are there specific places we can read the rules as written by the law? The law is pretty complicated in this area. NSW only and high level answer found in LEPRA Division 5. The Road Transport Act 2013 and other statutes interact with it though, so it's not just what's found in the above. Also the tricks and interpretations are in the supporting common law. We challenge what's written based on these. Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7023196 Share on other sites More sharing options...
GTRKat Posted September 17, 2013 Share Posted September 17, 2013 I'm curious on the powers of "pop the bonnet son" As I've recently heard in NSW they can only ask, you do t have to oblige. Pop the bonnet usually results in "have a defect". It would be good if everyone could be well informed. Are there specific places we can read the rules as written by the law? Cop friend of mine in SA said that in that state you don't have to oblige. But lets face it, if you don't do it you're going to get a letter in the mail asking you to front up anyway. Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7023225 Share on other sites More sharing options...
TREGTR Posted September 17, 2013 Share Posted September 17, 2013 Cop friend of mine in SA said that in that state you don't have to oblige. But lets face it, if you don't do it you're going to get a letter in the mail asking you to front up anyway. Front up where? Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7023529 Share on other sites More sharing options...
r32-25t Posted September 17, 2013 Share Posted September 17, 2013 I'd say she means an EPA or defect station Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7023531 Share on other sites More sharing options...
TREGTR Posted September 17, 2013 Share Posted September 17, 2013 If you need to dispute a photograph that wrongly implicates you to be at fault of an infringement whether it be relating to .. a) speed b) parking c) accident ...you can contact this guy to have the photograph forensically assessed. Dr Glenn Porter at UWS [email protected] Mob: 0403227453 Ph: (02)98525222 Ext:1739 Addy: K12.G.62 College Dr Richmond Keep this as a reference > If he's away on sabbatical, ask if there's a 2IC. I have worked with him on a couple of big matters before while at Norton Rose. He's a very good forensic photographer. Link to comment https://www.sau.com.au/forums/topic/328040-traffic-lawyer-list/page/3/#findComment-7023557 Share on other sites More sharing options...
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