Sometimes the first time you know you’ve been speeding is when a police car signals for you to pull over. You might not have realised how fast you were going or there may have been some confusion over the speed limit. No matter what the reason was you should know your rights in the event that you are pulled over by police. Platinum Lawyers can help you challenge a Speeding Fine or other Traffic Related Offences. Here are your rights when you have been pulled over by a police officer.
Can Police Pull Me Over?
In order to pull you over, a police officer must have a rational suspicion that you are breaking the law. However, they are also able to pull you over for a random breath test so there is a wide scope for police to have the authority to pull you over. If police have signalled for you to pull over it is in your best interest to do so. If you refuse to stop for the police then they will engage in a pursuit. This can result in a maximum of three years imprisonment along with a Driving Ban for three years.
Answering Questions and Filming Police
When you have been pulled over, the only information you need to provide is your name and address which you are required to verify by presenting your driver’s license. You are under no obligation to answer any other questions when you have been pulled over. It’s advisable to avoid any confrontation or argument. If you wish to film the police once you have stopped the car and turned off the engine, you are free to do so. The police officer can’t take your filming device off you or delete any of the footage. However, you should be sensible about your filming technique and not put the camera in front of their faces or hindering them with proceedings in any way. If you are seen to be obstructing them by filming them then you may end up facing assault or trespassing charges. If you wrongly have your camera or phone confiscated you can get a recovery expert on the case. For any assistance in these matters, call Platinum Lawyers.
Assessment of Speed Estimate
Police don’t necessarily require devices to assess if you are over the Speed Limit. They can rely on their approximations of speed when it comes to handing over speeding fines. However, you don’t have to accept it and can take it to court if you feel you were driving at or below the speed limit. If the evidence displays that you were speeding beyond reasonable doubt then you would be found guilty. Alternatively, if it is determined that you weren’t speeding, then the magistrate will revoke the fine and cancel any suspensions or demerit points.
Police Harassment
Whether you were speeding or not, police are expected to uphold the law and this should be done without assault or any other illegal activity towards you. If you feel there has been any wrongdoing, you should report it to the Local Area Commander. If you aren’t happy with the outcome then you can bring it to the attention of the NSW Ombudsman. Getting a lawyer experienced in this area of the law is your best bet and Platinum Lawyers regularly represents clients for Traffic Offences.
