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Your Rights   2003-05-08 14:10:00 <Peter O>
Yeah,

Our Rights.

I think generally the rights of drivers are not well known & are
abused by police regularly.
I am not an expert, & like Hunt no doubt, would value better informed
comment.

Meantime the only reasons that I know for the Police to legally stop a
vehicle are:
1) Some visible vehicle fault that is safety related, example blown
tail-light.
2) Police witness a breach of the Road Code or other "driver
error/misbehaviour", example failure to give way, speeding etc.
3) Police witness erratic driving & therefore reasonably suspect a
drug impaired driver.
4) DIC Police manned checkpoint. I believe they may not stop an
individual vehicle merely to conduct an alcohol test, they can of
course conduct a breath test if they stop you for something else.
5) As a means of traffic control.

Police can not legally stop a vehicle for the sole purpose of
checking: WOF, license possession, registration or tyre condition &
this is not a comprehensive list.

Police can not legally search your car unless they specifically had
reason to stop you suspecting drugs. Do not let any cop attempt a
search as a matter of principle & do not let them use the drug ploy
when they have stopped you for some other reason.

What can you do ???

Make sure the Police state clearly & immediately the reason you were
stopped.
To be fair in my experience they usually do this, but occasionally the
reason is not a legally sufficient reason.
If you dispute the stop explanation, challenge, courteously if
possible.
It pays to carry a notebook & working pen/pencil always & let the blue
boy see you note down his words, Police car rego, & his name.

Better still carry one of the small voice tape recorders, grab it, &
use it, enter you comments on the treatment you receive & allow the
cop a response.

That's my take & I hope I am largely correct.

Pete
-------------------------------------------------


The police are most likely going to be the first contact for most
ppl.....shouldn't they've been looking into that as well!!!
there is power in numbers but when you get pulled over its just you
and the
cop and thats why I'd like to know my rights.....as im sure everyone
else
would......

Hunt

Supra Club of New Zealand
http://www.supras.org.nz/

Reply

Re: Your Rights   2003-05-08 14:14:00 <Stuart>
On Thu, 08 May 2003 14:07, you wrote:
> Yeah,
>
> Our Rights.
>
> I think generally the rights of drivers are not well known & are
> abused by police regularly.
> I am not an expert, & like Hunt no doubt, would value better informed
> comment.
>
> Meantime the only reasons that I know for the Police to legally stop a
> vehicle are:
> 1) Some visible vehicle fault that is safety related, example blown
> tail-light.
> 2) Police witness a breach of the Road Code or other "driver
> error/misbehaviour", example failure to give way, speeding etc.
> 3) Police witness erratic driving & therefore reasonably suspect a
> drug impaired driver.
> 4) DIC Police manned checkpoint. I believe they may not stop an
> individual vehicle merely to conduct an alcohol test, they can of
> course conduct a breath test if they stop you for something else.
> 5) As a means of traffic control.
>
> Police can not legally stop a vehicle for the sole purpose of
> checking: WOF, license possession, registration or tyre condition &
> this is not a comprehensive list.

As of a few years ago, the police can stop your car for a 'random check' of
your breath alcohol, your license details, and car registration.

Basically, when ever they want.

Also, of course, they can stop you on suspicion of breaking any law, for
example having an out of comliance car (looks too low to them, too loud, etc,
etc..)

There is no defense, and you don't even want to think about the outcome if you
refuse to stop.

Stuart W.
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