Traffic Law - Access to your property

**scumdog** · 6th January 2011, 09:44

Originally Posted by Banditbandit

I knew a guy in Chch who got away with just that ... got home ahead of the boys in blue - when they arrived, he opened the door with a bottle of whiskey to his lips, having a good long pull .. they tested him and took him to court .. and then had to admit to the Judge that they had seen him with the whiskey bottle and drinking, just before they tested him ...

He was found not guilty as the judge ruled that the police had no way of knowing the blood/alcohol level at the time me mate was driving - only the level after they had seen him drinking in his own home ... and the police had no idea how much he had drunk at home ...

Hmmm..interesting...how long ago was that??

**Toaster** · 6th January 2011, 09:46

Originally Posted by scumdog

Funniest sight is a drunk 'jumping' (more like scrambling clumsily) over fences and think they're fast enough to get away..

Or a fat copper hanging upside down from his duty belt.....

**Pascal** · 6th January 2011, 10:22

Originally Posted by PrincessBandit

The example used in the article was of a driver who was sighted driving erratically after consuming alcohol but the Police only followed up on him at home later, requesting a breath test. The driver had locked himself in his garage and refused to come out. The Appeal Court held that the verbal refusal by the occupier/driver to come out of the garage constituted a lcear and unequivocal revocation of the officer's implied licence to remain on the driver's property.

This annoys me.

Some halfwit was out there driving drunkenly enough the police noticed him. He appealed the conviction, even if it was obtained because of an officer transgressing on the drinker's rights.

If you've fucked up, pay your dues and own what you do.

**scumdog** · 6th January 2011, 10:24

Originally Posted by Pascal

This annoys me.

If you've fucked up, pay your dues and own what you do.

Oh, if only it was that easy!

No need for lawyers then...

**Fatjim** · 6th January 2011, 13:46

Originally Posted by Banditbandit

I knew a guy in Chch who got away with just that ... got home ahead of the boys in blue - when they arrived, he opened the door with a bottle of whiskey to his lips, having a good long pull .. they tested him and took him to court .. and then had to admit to the Judge that they had seen him with the whiskey bottle and drinking, just before they tested him ...

He was found not guilty as the judge ruled that the police had no way of knowing the blood/alcohol level at the time me mate was driving - only the level after they had seen him drinking in his own home ... and the police had no idea how much he had drunk at home ...

That's why the need for continuity of pursuit. I remember this case was in the papers, 2009 I think, so it must have happened that way.

**karmobRob** · 6th January 2011, 16:21

He might have got off that time, but did he learn anything??

**Bassmatt** · 7th January 2011, 07:55

The example used in the article was of a driver who was sighted driving erratically after consuming alcohol but the Police only followed up on him at home later, requesting a breath test.

So.... if i am 5ks over the speed limit i will be pulled over immediately but if i am driving erratically i am allowed to continue on my merry way home?
And its all about road safety not revenue collecting?

**scumdog** · 7th January 2011, 08:01

Originally Posted by Bassmatt

So.... if i am 5ks over the speed limit i will be pulled over immediately but if i am driving erratically i am allowed to continue on my merry way home?
And its all about road safety not revenue collecting?

Nice (but poor) troll...I give you 3 out of 10 for it.

If you had watched the re-run of Motorway patrol last night you would have seen the answer.

**Bassmatt** · 7th January 2011, 08:05

Was a genuine question. I didn't and dont watch Motorway Patrol, why wasnt he stopped straight away?
3/10 is a bit harsh. Im new to this trolling business.

**scumdog** · 7th January 2011, 08:08

Originally Posted by Bassmatt

Was a genuine question. I didn't and dont watch Motorway Patrol, why wasnt he stopped straight away?

I dunno - what case are you talking about and was it police or public that saw the 'erratic driving'?

And on M.P the cops stopped at least two drivers they noticed were driving in an erratic fashion (and they WERE ferkin erratic too)

Still not sure why you would expect to be 'pulled over immediately' if you were doing 5km over???

**Bassmatt** · 7th January 2011, 08:10

Originally Posted by scumdog

I dunno - what case are you talking about and was it police or public that saw the 'erratic driving'?

And on M.P the cops stopped at least two drivers they noticed were driving in an erratic fashion (and they WERE ferkin erratic too)

Case was quoted in the OP. If you dont know then why would i have seen the answer on telly last night?

**Bassmatt** · 7th January 2011, 08:13

Still not sure why you would expect to be 'pulled over immediately' if you were doing 5km over???[/QUOTE]

Thought that was the new tolerance. Why wouldnt I be stopped. I have been. I am speeding and speed kills.

**Pascal** · 7th January 2011, 08:17

Originally Posted by Bassmatt

Case was quoted in the OP. If you dont know then why would i have seen the answer on telly last night?

Do Police do checks on regos? If they see a driver driving erratically, do they have a little computer they can check a rego on and see the details of the owner, etc?

**scumdog** · 7th January 2011, 08:26

Originally Posted by Bassmatt

Case was quoted in the OP. If you dont know then why would i have seen the answer on telly last night?

(a)So again I ask you: Who DID see the 'erratic driving' in the OP? - Police or public? (It would make quite a difference to the story.)

(b)Because last night it showed people being pulled over straight away for their erratic driving???

**Bassmatt** · 7th January 2011, 08:29

Originally Posted by scumdog

(a)So again I ask you: Who DID see the 'erratic driving' in the OP? - Police or public? (It would make quite a difference to the story.)

(b)Because last night it showed people being pulled over straight away for their erratic driving???

I dont know. I made an assumption.

You are correct it would make a big difference.
I withdraw the implied accusation against the police.