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#1 | ||
Cranky old bastard
Join Date: Dec 2004
Posts: 9,393
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![]() 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?? Cheers - Eric ![]() |
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#2 | ||
meow
Join Date: Dec 2004
Location: Where the Pirates are.
Posts: 2,744
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Ofcourse you can, if the cop was a big enough *******.
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#3 | ||
ED Fairmont 4.0L
Join Date: Mar 2005
Location: Chch, NZ
Posts: 397
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yep, unfortunatley.
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B'jabbers! |
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#4 | ||
Moderator
![]() Join Date: Dec 2004
Location: Adelaide SA
Posts: 5,584
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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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#5 | ||
Banned
Join Date: Dec 2004
Posts: 4,078
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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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#6 | ||
windsor user
Join Date: Dec 2004
Location: Geelong
Posts: 13,123
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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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#7 | ||
Afterburner + skids =
![]() Join Date: Dec 2004
Location: Skidsville
Posts: 12,110
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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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#8 | ||
Banned
Join Date: Dec 2004
Location: South East Melbourne
Posts: 6,156
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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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#9 | |||
windsor user
Join Date: Dec 2004
Location: Geelong
Posts: 13,123
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Quote:
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#10 | |||
FF.Com.Au Hardcore
Join Date: Dec 2004
Posts: 5,644
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Quote:
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#11 | ||
not here much anymore
Join Date: Dec 2004
Location: Sthn NSW
Posts: 22,918
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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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RAM 1500
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#12 | ||
Sublime
Join Date: Jan 2005
Location: Wagga
Posts: 2,029
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i always get asked for my liscense,
i thought it was normal.
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#13 | ||
Cranky old bastard
Join Date: Dec 2004
Posts: 9,393
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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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#14 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location:
Posts: 971
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i've had them check the rego sticker at a randm breath testin station before.
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#15 | ||
Ford Fanatic
Join Date: Jan 2005
Posts: 326
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everytime ive been thru a RBT i have to show my license
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#16 | |||
Banned
Join Date: Dec 2004
Location: South East Melbourne
Posts: 6,156
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Quote:
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#17 | ||
Lucifer's Angel
Join Date: Dec 2004
Location: Sydney
Posts: 5,282
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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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