Motorway Patrol (24 July)

[Patrick]

.. but you have the right to refuse the evidential breath tests and demand a blood test but yes you are right the police have to give a reasonable ammount of time to contact a lawyer but can refuse you to see the lawyer in pearson as evidence will be pissed away in the process.... as for your licence getting screwed, it will get screwed anyway if you make your job easy or not

Now you've got it.... You can refuse any of the breath tests, which means a blood test will be requested. Ruefuse that, and you will be locked up and the courts will automatically deem that refusal as being a very high positive alcohol level and deal with that as they see fit. (Possibly longer disqualification, forfeiture of car, etc...)

The amusing part is if bloods are taken, you will then be required to pay analysts fees and doctors fees on top of any fine the court imposes... about $300 extra... the breath test is free, but hey, that is your call...

If the levels are close to the limit, do bloods... if you are three times over the limit, save your $$$...

The stuff you mentioned before in THAT earlier post is all delaying tactics and the courts won't tolerate it.

The simple advice is "Don't drink and drive..." I heard that somewhere, sometime...

Hey... that could be a campaign logo or summit like that?

[Patrick]

thanks but that advice is all out of the book

the new zealand civil rights hand book which is a interperetation of the bill of rights it is a guide to many frequently asked questions that be answered in a clear, authorotive manner.

If your advice in your earlier post #62 is from this "authoritive civil rights book," the only use for it is so someone can wipe thier arse with it after a curry dump. The author is a failed bush lawyer who has no idea and the advice you gave is extremely dangerous...

Your earlier advice, if followed, was going to get people in trouble quick smart... just trying to show the dangers of advice given wrongly.... and if that came from this book, it is WRONG!!! Any real lawyer will tell you so...

[Virago]

...The amusing part is if bloods are taken, you will then be required to pay analysts fees and doctors fees on top of any fine the court imposes... about $300 extra... the breath test is free, but hey, that is your call...

If the levels are close to the limit, do bloods... if you are three times over the limit, save your $$$...

Interesting - I didn't know that the taking of the blood sample was charged to the suspect.

I can understand charging the cost for elective blood sample. But for those that are unable to complete the breath test, perhaps injured, or perhaps severe asthmatics, do they also pay for the blood sample?

[Patrick]

Interesting - I didn't know that the taking of the blood sample was charged to the suspect.

I can understand charging the cost for elective blood sample. But for those that are unable to complete the breath test, perhaps injured, or perhaps severe asthmatics, do they also pay for the blood sample?

If injured, the bloods are taken for free by the attending doctor or nurse on his authority.

If under the limit, no costs at all. If over, the bill is all yours, and rightly so...

Asthmatics can try it on all they like... the devices are able to be used easily by anyone, even athsmatics, and if they want to play "I have athsma and I can't do it" card, here is the bill for the over the limit blood test for ya too....

The only ones who play this "athsma" card are the pissed ones....!!!

[Virago]

thanks but that advice is all out of the book

Tom, I think you need to recognise the distinction between two concepts.

Knowing your rights when being dealt with by the police is great.

Promoting ways to evade the law when drink-driving is another matter altogether.

[Virago]

...Asthmatics can try it on all they like... the devices are able to be used easily by anyone, even athsmatics...

Cheers, didn't know that - never had to go past the "sniffer" test myself...!

[moT]

Well thank you all pirtch is correct im gonna quit while im ahead. This was a great forum and i have been happy discussing the legalities of all these events it was a good learning experience

[Patrick]

Well thank you all pirtch is correct im gonna quit while im ahead. This was a great forum and i have been happy discussing the legalities of all these events it was a good learning experience

Just what it is all about... hope ya learned summit...!!!

[Max Preload]

Missed that bit (the ticket)... The rest of the traffic was blasting past at much more than what he was doing tho, but he was holding up his lane something shocking. Thought riding the shoulder amongst the marbles was dodgy as, especially as the guy didn't seem to know what he was doing on a bike (when he pulled out the first time and almost became roadkill... and the following 59 point turn at the end...)

To me it doesn't look like he's losing any significant ground on the cars in front of him when the cop first comes up on him. I know it's hard to judge from that angle especially through a camera but that's my perception. And I think the cop told him to stay on the gravel shoulder after the second stop judging by what he said over the radio ("I'll be following him up to the Bombay service station, in the emergency stopping lane so he's clear of the traffic") and the voice over.

[scumdog]

....

The only ones who play this "athsma" card are the pissed ones....!!!

When I first started on the job I thought that athsmatics got pissed more easily seeing as how so many used that as an excuse for not being able to blow in the machine properly....

[Panther]

Promoting ways to evade the law when drink-driving is another matter altogether.

But how do you getting around people thinking its ok to do it?

[Blackbird]

I've only just come across this thread and trying to keep track of all the twists and turns was a mission in itself! On the face of what I've been able to understand, the guy was pretty inexperienced and may well have put his life and that at others at risk because of that. On the other hand, I have a sneaking regard for people who take on epic adventures, especially the experienced ones who know what madness they're getting into! On the 2003 Southern Cross ride (Cape Egmont>East Cape>Cape Reinga>Bluff in 6 days), there was a lunatic on a Suzuki 50. And what's more, he was the first into Bluff from Cape Reinga! Just kept riding, only stoppping for gas and slept on the ferry. Now that was a ride of epic proportions!

And coming up of course is Jantar's marathon from Brisbane to Cairns via the Outback on a postie bike. Mind you, Jantar is certifiably insane.

[Swoop]

Then why, if the scooter rider was doing 'about' 50 was the rest of the traffic blasting past him so fast?

The "initial" report that the officer had, was that people had been following him as low as 40kph.
I imagine the buildup of traffic would have been quite large...

[Sanx]

As I undeerstand it, the main reason for a cop asking you to state your name and address into the sniffer machine is that saying it takes long enough for the machine to get a reliable reading.

I've never refused to state it, or been required to do anything other than the sniffer test, but I did once get stopped at a checkpoint twenty metres from my house. When asked to state my name and address, I said "Dan ......, and I live in that house with the big palm tree just over there". The cop just grinned, and asked me to watch my speed on the way home (the one time I've not found that comment patronising).

The cops don't make a record of your name and address when you say them and I don't beleive they have any form of audio recording device in the sniffer machines (is this correct, Mr Policemen?). It's just something that gives the machine long enough to get a reading.

[sunhuntin]

As I undeerstand it, the main reason for a cop asking you to state your name and address into the sniffer machine is that saying it takes long enough for the machine to get a reliable reading.

I've never refused to state it, or been required to do anything other than the sniffer test, but I did once get stopped at a checkpoint twenty metres from my house. When asked to state my name and address, I said "Dan ......, and I live in that house with the big palm tree just over there". The cop just grinned, and asked me to watch my speed on the way home (the one time I've not found that comment patronising).

The cops don't make a record of your name and address when you say them and I don't beleive they have any form of audio recording device in the sniffer machines (is this correct, Mr Policemen?). It's just something that gives the machine long enough to get a reading.

thats what ive always thought too... id never begrudge giving them that. dad hates it though, and acts guilty just by getting pulled over! even though he never is, but he hates cops.