Got stopped by the police today
Discussion
Mattt said:
I've had 1 RBT; quick, friendly & professional!
yeah as a cop- thats illegal. Australian Legislation does not allow for RBT!! In order to request a sample of breath an officer MUST have reasonable grounds to suspect that the driver has consumed intoxicating Liquor such as poor driving, excessive use of brakes etc, cannot judge that from the side of the road with an ESD already in your hand. james280779 said:
yeah as a cop- thats illegal. Australian Legislation does not allow for RBT!! In order to request a sample of breath an officer MUST have reasonable grounds to suspect that the driver has consumed intoxicating Liquor such as poor driving, excessive use of brakes etc, cannot judge that from the side of the road with an ESD already in your hand.
So how does that work with the RBT buses/road-blocks they have out around the place here in WA?They close a lane of a dual carriageway to pull in half a dozen cars at a time.
200bhp said:
So how does that work with the RBT buses/road-blocks they have out around the place here in WA?
They close a lane of a dual carriageway to pull in half a dozen cars at a time.
exactly. They have the same thing up here, They close a lane of a dual carriageway to pull in half a dozen cars at a time.
If memory serves correctly an officer in WA can only request a sample without reasonable grounds if the vehicle has been involved in an accident to person or property.
Of course an officer can ask you if you wouldnt mind providing a sample but you have every right to refuse. Without grounds to suspect alcohol there is nothing that officer can do. BUT by this point the officer has already stopped you with the intent to get a sample of breath????? which makes it an illegal stop- its a very grey area
james280779 said:
yeah as a cop- thats illegal. Australian Legislation does not allow for RBT!! In order to request a sample of breath an officer MUST have reasonable grounds to suspect that the driver has consumed intoxicating Liquor such as poor driving, excessive use of brakes etc, cannot judge that from the side of the road with an ESD already in your hand.
Incorrect in NSW at least. S.13 of the Road Transport (Safety and Traffic Management Act) 1999 (NSW) states:
(1) A police officer may require a person to undergo a breath test in accordance with the officer’s directions if the officer has reasonable cause to believe that the person:
(a) is or was driving a motor vehicle on a road or road related area, or
(b) is or was occupying the driving seat of a motor vehicle on a road or road related area and attempting to put the motor vehicle in motion, or
(c) being the holder of a driver licence, is or was occupying the seat in a motor vehicle next to a holder of a learner licence while the holder of the learner licence is or was driving the vehicle on a road or road related area.
No requirement that any suspicion of being intoxicated whilst behind the wheel is required.
james280779 said:
exactly. They have the same thing up here,
If memory serves correctly an officer in WA can only request a sample without reasonable grounds if the vehicle has been involved in an accident to person or property.
Of course an officer can ask you if you wouldnt mind providing a sample but you have every right to refuse. Without grounds to suspect alcohol there is nothing that officer can do. BUT by this point the officer has already stopped you with the intent to get a sample of breath????? which makes it an illegal stop- its a very grey area
Incorrect for WA as well. S.66(1) of the Road Traffic Act 1974 (WA) states:If memory serves correctly an officer in WA can only request a sample without reasonable grounds if the vehicle has been involved in an accident to person or property.
Of course an officer can ask you if you wouldnt mind providing a sample but you have every right to refuse. Without grounds to suspect alcohol there is nothing that officer can do. BUT by this point the officer has already stopped you with the intent to get a sample of breath????? which makes it an illegal stop- its a very grey area
(1) A member of the Police Force may require the driver or person in charge of a motor vehicle, or any person he has reasonable grounds to believe was the driver or person in charge of a motor vehicle, to provide a sample of his breath for a preliminary test in accordance with the directions of the member of the Police Force, and for the purposes of this subsection may require that person to wait at the place at which the first-mentioned requirement was made.
(1aa) A member of the Police Force may —
(a) call upon the driver of a motor vehicle to stop the vehicle;
(b) direct the driver of a motor vehicle to wait at a place indicated by the member of the Police Force,
in order that a requirement may be made under subsection (1).
Additional requirements under S.66(1)(1a) cover vehicles involved in accidents.
There's opinion. There there is what the legislation actually states.
200bhp said:
IMHO they will always have a drink driving problem here whilst they have drive through bottle shops! I really dont understand how theyve lasted so long.
Why would someone picking up their take away from a drive through be more likely to be drunk than someone getting it from a walk in?The more likely drunk drivers are those drinking at the pub surely?
Talk2Dave said:
Is the police in Australia as bad as everyone makes out? and particularly in WA?
I hear modified/rare cars are always pulled over, the police will defect you for anything etc.
Or is this just a case of typical comments from the "I hate pigs" brigade?
There are good and bad like everywhere.I hear modified/rare cars are always pulled over, the police will defect you for anything etc.
Or is this just a case of typical comments from the "I hate pigs" brigade?
Unfortunately they are driven by cynical revenue targets which have NOTHING to do with road safety.
I know a lot of cops hate that and can be reasonable, but others can be complete w
kers.Oh and apparently a fender eliminator on my bike makes me as bad as a drunk driver.
I got stopped at an RBT last week while riding, I don't have a problem with that and usually just stop, blow with helmet on and on my way.
No, this prick made me switch the engine off, remove my helmet and gloves, so sorry to the string of cars delayed on Gt Eastern Hway as I deliberately took my time putting the gear back on
madazrx7 said:
Why would someone picking up their take away from a drive through be more likely to be drunk than someone getting it from a walk in?
The more likely drunk drivers are those drinking at the pub surely?
If you walk into Dan Murphys and buy a few beers, you'll put it in the boot when you get back to the car.The more likely drunk drivers are those drinking at the pub surely?
If you're sat in the drivers seat and someone hands it to you, its going to be there on the passenger seat within easy reach. A couple of Aussie colleagues have previously said they go to the drive-thu on the way to a night out and have one whilst driving.
ariddell said:
Having a "traveller" was only recently banned in Vic last year, used to be perfectly legal to drink whilst driving so long as you weren't over the blood alcohol limit at the time.
Not sure is a "roadie" is allowed in WA, but I know plenty of people who do.I've also been in a car on the way to a pub, pulled through a drive through, and between 4 of us we went through a carton before we arrived.
It was in a Taxi.
james280779 said:
Just checked the legislation - I stand corrected. WA is the one place where its legal, mainly because they have not updated their road traffic act since the early 70's............ makes me wonder exactly how much of it is still valid lol.
Have you got a link? Would be nice to know.Gassing Station | Australia | Top of Page | What's New | My Stuff