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#26 2016-11-25 16:10:19

Court Jester
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From: Gold Coast QLD
Registered: 2012-07-30
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Re: Who broke the law the Cop or the Freeman ?

southerncross wrote:
trew wrote:

The driver broke the law.

If driving a vehicle on a public road he can be required to provide a breath sample and it is an offense not to provide one.


He can be as freeman as he likes walking or riding a horse



Cop is just doing his job and this dipshit spends 10 minutes arguing the validity of the law and obviously baiting the officer to arrest him with a camera rolling


Not according to the Constitution and Common Law, I highly recommend you read the link posted above by boneyard .
There are statute laws passed by legislature, but under both common and constitutional law they do not stand up to scrutiny and have no force as proved by LEGAL precedent in this regard.
If you are not under arrest the police have no real right to stop you at all, you are not even required to answer any of their questions,
nor are you required under law to incriminate yourself in any way at all.   

My bet on this one is that the police prosecutors will drop this if he attempts to fight it in court as they will not want a legal precedent proved in the court for others to use in future.

15.89 The Common Law privilege against self-incrimination entitles a person to refuse to answer any question, or produce any document, if the answer or the production would tend to incriminate that person.[123] Although broadly referred to as the privilege against self-incrimination, the concept encompasses three distinct privileges: a privilege against self-incrimination in criminal matters; a privilege against self-exposure to a civil or administrative penalty (including any monetary penalty which might be imposed by a court or an administrative authority, but excluding private civil proceedings for damages); and a privilege against self-exposure to the forfeiture of an existing right (which is less commonly invoked).


    Verbal statements
    Documents
    Books
    Magazines
    Personal notes
    Computer data files
    Mobile phone data
    Breath alcohol samples
    Blood alcohol samples
    DNA samples
    Hair and tissue samples
    Saliva samples
    Semen samples

"There is no Common Law power vested in police giving them the unfettered right to stop or detain a person and seek identification details. Nor, is s.59 of the (Road Safety) Act a statutory source of such power."
Magistrate Duncan Reynolds - Melbourne - July 2013

"It is an ancient principle of the Common Law that a person not under arrest has no obligation to stop for police, or answer their questions. And there is no statute that removes that right. The conferring of such a power on a police officer would be a substantial detraction from the fundamental freedoms which have been guaranteed to the citizen by the Common Law for centuries."
Judge Stephen Kaye – Melbourne Supreme Court ruling - 25 November 2011

http://www.carr.org.au/self-incrimination.htm


Police are Public Servants and while upholding the law must actually follow it to the letter of the Law as well. They are paid from Taxes taken from every working Australian.
They are to Serve and Protect. Not revenue raise and harass.

The Policeman's/Woman's Oath.
I……………………DO SWEAR – THAT – I WILL WELL AND TRULY SERVE – OUR SOVEREIGN LADY THE QUEEN – AS A POLICE OFFICER WITHOUT FAVOUR OR AFFECTION – MALICE OR ILL-WILL – UNTIL I AM LEGALLY DISCHARGED – THAT I WILL SEE AND CAUSE – HER MAJESTY'S PEACE TO BE KEPT AND PRESERVED – AND THAT – I WILL PREVENT TO THE BEST OF MY POWER – ALL OFFENCES AGAINST THAT PEACE – AND THAT – WHILE I CONTINUE TO BE A POLICE OFFICER – I WILL – TO THE BEST OF MY SKILL AND KNOWLEDGE – DISCHARGE ALL THE DUTIES THEREOF – FAITHFULLY – ACCORDING TO LAW.
SO HELP ME GOD.

Australian Law has it's roots in British Common Law going all the way back to Magna Carta, The Australian Constitution passed by British Parliament in 1900 and enacted in 1901 along with Common Law is the basis of our legal rights as citizens of Australia.

We, You, Me have inalienable rights in both Common Law and the Constitution that can not be overridden by any statute law unless specifically amended or via set precedent in law, other than a proclamation by the Queen herself.

I have a decent amount of respect for Police Officers and the work they perform, most are very decent people and do serve and protect, but they must also abide by the law and not become one unto themselves, or just become plain old revenue raisers for the state, and that unfortunately for both us and them seems to be their major role in this day and age.

You and others can call the guy a dipshit, idiot, whatever but he is infact absolutely right in what he said, and is obviously well researched and knows the law as it stands better than the copper himself. People have been continually conditioned to not question, obey assumed authority, cop it sweet, pay their fines and not raise a fuss over many decades.

The LAW actually has an origin and a purpose, and it is not what the majority actually think, It has been developed and designed over century's to enshrine the rights of the individual against tyranny, not to make the individual the milking cow of the state and subject them to undue restraint and control measures. 

Feel free to give away your personal legal rights and that is what will happen time and again, especially when it comes to the lucrative source of income that the states roads raise every month year on year.

The increase in the number of issued speeding tickets and removal of 'Speed camera in use' warning signs comes just two years after tolerance of Queensland's speed cameras dropped from 10 per cent over the limit before June 2013 to 3km/h in late 2013 (no official tolerance figure has ever been publicly revealed, but sources inside Queensland Police have told CarAdvice that it's set at 3km/h).

The net effect saw tickets for 'low-level speeding' increase by 47 per cent in 2014, majority of which were previously under the tolerance. The difference netted the Queensland Government $5.7 million in additional revenue in that year alone.

http://www.caradvice.com.au/416913/qld- … naffected/
And that is ADITTIONAL revenue:

How much are we paying in fines?
The amount of revenue collected from traffic fines is not always clearly discernible from other non-traffic statutory and court fines in State/Territory budgets. In NSW, $339 million in revenue was collected from fines during 2011-12iv. In Queensland, the government is expecting to raise $300 million in revenue from fines and forfeitures in 2011-2012v. In Victoria, it was revealed that road safety camera fines, police on-the-spot fines and toll road evasion fines generated $256.9 million, $125.7 million and $109.7 million in revenue respectively, in 2011-12vi.

https://www.allianz.com.au/car-insuranc … e-assessed

And that happened when nearly all vehicles speedos have an inbuilt 10% variance, and that none of this revenue increase has dropped road casualty's at all.

The third tier of "Local Gov't", via council regulations is another matter all together, but I wont go there right now.

Go ahead , give up your own individual rights under Sovereign law, but don't snipe at others when they feel like holding onto them.

you kno people have tried this freem stuff on in the courts and failed badly here every time

this bloke will get a fine and a lisence suspension there is no quesstion about it.


<--------------------------------------------------------- SIDEWAYS --------------------------------------------------------->
quote=sammysilver 25/10/13  ----- PMs will drive silver to over $30 by Christmas with the GSR dropping to sub 50. I've overextended myself at sub $24 but will keep buying up to $30 then sell half my stack at Easter at $36 and buy up on the next dip if there is one.
Running Telly of incorrect to correct Predictions by SammySilver -- 7:1 as of 10/08/16

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#27 2016-11-25 20:12:10

bordsilver
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Re: Who broke the law the Cop or the Freeman ?

libertarian-chicken.jpg


The only good tax is a repealed tax.

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#28 2016-11-25 21:52:57

southerncross
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Re: Who broke the law the Cop or the Freeman ?

you kno people have tried this freem stuff on in the courts and failed badly here every time

this bloke will get a fine and a lisence suspension there is no quesstion about it.

You know that prosecutors drop cases all the time, but you don't read about it in the news.
They hate to set precedence that might see them have to adjust their ways or acknowledge
that they weren't actually following the letter of the law.

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#29 2016-11-25 22:24:56

dragafem
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Re: Who broke the law the Cop or the Freeman ?

adze67 wrote:

I don't "drive", so therefore I am not a "driver"...a driver needs to be licenced (eg. taxi driver, bus driver, truck driver etc.) as they are acting in commerce and are therefore under the jurisdiction of the private contractors (policy enforcers) and using government ID for the commercial activity...as a human being I am, by birthright, able to travel anywhere I like across the planet (on the "King's Highways) without molestation by "Pirates"...their "offer to contract" of performing a breath test is just that, an offer...if you don't wish to contract, and are not acting in commerce, then don't...unless they are willing to pay for your time don't give it to them...if you don't know your rights then you don't have any cool

this is very well said my friend but both of us know  there is not Bill of Rights in Australia so therefore we dont have any(at least according to them wink

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#30 2016-11-26 02:40:05

trew
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Re: Who broke the law the Cop or the Freeman ?

The guy was simply being a smart arse

If he had not been drinking he could have just blown in the analyzer and been on his way


If you think you've got the right to drive on the road while under the influence well f*ck you - the rest of us have the right to use the road without getting killed by drunk drivers

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#31 2016-11-26 03:07:12

SteveS
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Re: Who broke the law the Cop or the Freeman ?

Maybe it's just me (it usually is) but I can't help feeling that being stroppy and mouthy often works when dealing with Aussie cops. This is based on extensive, rigorous research (watching Highway Patrol and my own encounters with the cunstables).

I have always been polite and accepted my wrongdoing, even when the policeperson wildly exaggerated the dangers of doing whatever it was I was doing moments before, and I have ALWAYS copped a fine/ticket. I have never been let off with a caution, though in 43 years of driving, I've only been ticketed three times (including yesterday, when I apparently almost caused a massive pile-up and multiple deaths on an almost deserted country road by overtaking a car 50 metres before the double lines had ended :-) ) Fair enough, I done wrong. It was a fair cop.

I've seen other, similarly unstroppy and polite folks get ticketed on TV. However, I have also seem some remarkably rude and shouty types let off with a warning, so many in fact that I wonder if the cops truly think it's too much trouble to deal with those sort of people properly. I have sat watching the TV open-mouthed as mouthy twats with no respect for our officers are ever-so-politely told to go away and avoid doing that naughty thing again. It appears that, the more aggressive the driver is, the more polite and restrained the officer is. I'm sure they're trained to do this in order to avoid escalation, but they seem to think giving the bastard a ticket is also unnecessary escalation.

Maybe next time I'll get shouty and tell the policeman he's a bleeping bleep bleep who should bleep off. Then I'll throw myself to the ground as 10,000 volts course their merry way up my spine.

Like I said, it's probably me.

Last edited by SteveS (2016-11-26 03:11:54)


I intend to live forever. So far, so good.

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#32 2016-11-26 04:58:59

fishtaco
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Re: Who broke the law the Cop or the Freeman ?

SteveS wrote:

Maybe it's just me (it usually is) but I can't help feeling that being stroppy and mouthy often works when dealing with Aussie cops. This is based on extensive, rigorous research (watching Highway Patrol and my own encounters with the cunstables).

I have always been polite and accepted my wrongdoing, even when the policeperson wildly exaggerated the dangers of doing whatever it was I was doing moments before, and I have ALWAYS copped a fine/ticket. I have never been let off with a caution, though in 43 years of driving, I've only been ticketed three times (including yesterday, when I apparently almost caused a massive pile-up and multiple deaths on an almost deserted country road by overtaking a car 50 metres before the double lines had ended :-) ) Fair enough, I done wrong. It was a fair cop.

I've seen other, similarly unstroppy and polite folks get ticketed on TV. However, I have also seem some remarkably rude and shouty types let off with a warning, so many in fact that I wonder if the cops truly think it's too much trouble to deal with those sort of people properly. I have sat watching the TV open-mouthed as mouthy twats with no respect for our officers are ever-so-politely told to go away and avoid doing that naughty thing again. It appears that, the more aggressive the driver is, the more polite and restrained the officer is. I'm sure they're trained to do this in order to avoid escalation, but they seem to think giving the bastard a ticket is also unnecessary escalation.

Maybe next time I'll get shouty and tell the policeman he's a bleeping bleep bleep who should bleep off. Then I'll throw myself to the ground as 10,000 volts course their merry way up my spine.

Like I said, it's probably me.

All the mouthy ones are the ones who get multiple fines and dont pay them anyway so whats the point of fining an abusive motorist who doesn't pay their fines or heed the ridiculous danger warnings given to the minor infringement recipients who pay up as soon as they get home.


Gold is what you desire! if silver is all you can afford consider cheese its tastier.

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#33 2016-11-26 18:32:54

radiobirdman
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Re: Who broke the law the Cop or the Freeman ?

Hey SteveS you spelt Cuntstable wrong < this is the correct spelling

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#34 2016-11-26 19:15:06

Court Jester
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Re: Who broke the law the Cop or the Freeman ?

southerncross wrote:

you kno people have tried this freem stuff on in the courts and failed badly here every time

this bloke will get a fine and a lisence suspension there is no quesstion about it.

You know that prosecutors drop cases all the time, but you don't read about it in the news.
They hate to set precedence that might see them have to adjust their ways or acknowledge
that they weren't actually following the letter of the law.

this wont be dropped its an easy win to make their stats seem good.

he will be found guilty, judges dont take kindly to the idiots that try this freeman shit on in court.  There have allready been many precedents set and all are against the so called freeman.

Last edited by Court Jester (2016-11-26 19:16:07)


<--------------------------------------------------------- SIDEWAYS --------------------------------------------------------->
quote=sammysilver 25/10/13  ----- PMs will drive silver to over $30 by Christmas with the GSR dropping to sub 50. I've overextended myself at sub $24 but will keep buying up to $30 then sell half my stack at Easter at $36 and buy up on the next dip if there is one.
Running Telly of incorrect to correct Predictions by SammySilver -- 7:1 as of 10/08/16

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#35 2016-11-26 19:38:55

radiobirdman
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Re: Who broke the law the Cop or the Freeman ?

Court Jester wrote:
southerncross wrote:

you kno people have tried this freem stuff on in the courts and failed badly here every time

this bloke will get a fine and a lisence suspension there is no quesstion about it.

You know that prosecutors drop cases all the time, but you don't read about it in the news.
They hate to set precedence that might see them have to adjust their ways or acknowledge
that they weren't actually following the letter of the law.

this wont be dropped its an easy win to make their stats seem good.

he will be found guilty, judges dont take kindly to the idiots that try this freeman shit on in court.  There have allready been many precedents set and all are against the so called freeman.

Maybe, but if you can get the judge to abandon the court you get to walk out the door free of any comeback, last time I was there I called judge a hypocritical tnuc and still walked out the door
best not to let it get that far, just ignore the pricks and go about your business

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#36 2016-11-27 02:27:07

fishtaco
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Re: Who broke the law the Cop or the Freeman ?

A friend of mine was pulled over some years ago before WA,s 0.05 and breath tested and it read under but he was still taken to the station and had to blow in the big machine which also blew under,they insisted he blow again which he did 15 mins later,again he blew under so they tried to make him do a pen and paper sobriety test which he refused because he had already blown under the limit 3 times in over an hour.

They issued him with a non compliance to testing.

He went to court believing it would be cut and dry in his favour but he  got a 12 month suspension and $1000 fine for failing to comply.


Gold is what you desire! if silver is all you can afford consider cheese its tastier.

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#37 2016-11-27 13:23:10

Jim4silver
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Re: Who broke the law the Cop or the Freeman ?

fishtaco wrote:

A friend of mine was pulled over some years ago before WA,s 0.05 and breath tested and it read under but he was still taken to the station and had to blow in the big machine which also blew under,they insisted he blow again which he did 15 mins later,again he blew under so they tried to make him do a pen and paper sobriety test which he refused because he had already blown under the limit 3 times in over an hour.

They issued him with a non compliance to testing.

He went to court believing it would be cut and dry in his favour but he  got a 12 month suspension and $1000 fine for failing to comply.


The cops' behavior in your example seems kind of odd.  Testing that long after driving doesn't give a valid test result because the blood alcohol can continue to rise after the person stops drinking and even after the arrest.  This tends to happen where a person drinks right before being stopped and tested.  The alcohol hasn't reached the system fully and takes a bit of time to register.  Here we use that as a defense in DUI cases, and argue that at the time of the driving the BAC was below the limit, but that his BAC rose over time but was below the legal limit at the time of the stop (operation of the vehicle).  This is referred to as a "rising BAC defense" and with a good expert toxicologist this can be a good defense if the facts show the driver drank right before being stopped.  So I don't know what the cops were trying to get making the person test over and over as time passed, that should have hurt their case against the driver if the test came in over the limit that long after the stop.  Perhaps the law is different in Oz than here on that issue?  Here the cops have to save the printouts on the BAC test machines so it would be admissible at trial that they gave prior tests that were below the limit, or if the machine gave a faulty result, etc.  I have never heard of a "pen and paper test" .  Here the cops use SFST (standardized field sobriety tests) and something called gaze nystagmus test (really kind of bogus eye test where cops only get 8 hours of training to give test and interpret results).  The rules for DUI tests, etc, are governed by the NHTSA.   Standard portable breathalyzers are not admissible in court (other than to show probable cause for the arrest) since they are deemed to be not as accurate as the machines at the station, which have to be properly re-calibrated every certain number of days, etc.

PS  There is the flipside phenomenon of above called "falling BAC", that is where a person drinks a ton and over time the number gets lower and lower, so it is possible a guy gets stopped who has over .08, but if the cops take too long to get him to the station for testing, his BAC can drop to below the legal level, even though it was higher before.  Our limit is .08 and used to be .10.  There is talk of lowering it to .05 in the future.  I never drive even after one drink (I don't want the cops giving me grief) so I don't have a problem with that personally (I like drinking but don't want to endanger others while doing it).   

Just my opinion.

Jim

Last edited by Jim4silver (2016-11-27 14:05:45)

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#38 2016-12-16 21:53:50

systematic
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Re: Who broke the law the Cop or the Freeman ?

Law plea in refusing breath test
15th Dec 2016

"The court heard that on November 14 on Elmes St in Cooroy police served Mr Summers with a notice to appear for failing to supply a specimen of breath.

In court Mr Summers read out parts of the Commonwealth Crimes Act stating that he could not "accept" that the Queensland Act applied.

He then asked acting Magistrate Andrew Walker if he understood the Act.

Mr Summers, who was representing himself, told the court that because Queensland did not have an upper house therefore only the Commonwealth law could be applied.

The matter was adjourned until January 17."

read more at: http://www.noosanews.com.au/news/law-pl … t/3122938/

It is about the "law"... he was served with a "notice" ... and asked the magistrate if he understood the "Act"  ... his license has not been suspended...  He said he did not regret his video going viral.

more at: https://au.news.yahoo.com/qld/a/3354187 … ged/#page1


if everyone is thinking the same, we aren't thinking very much ...

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#39 2016-12-17 05:12:42

Court Jester
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Re: Who broke the law the Cop or the Freeman ?

you know he is going to go loose his lisence


<--------------------------------------------------------- SIDEWAYS --------------------------------------------------------->
quote=sammysilver 25/10/13  ----- PMs will drive silver to over $30 by Christmas with the GSR dropping to sub 50. I've overextended myself at sub $24 but will keep buying up to $30 then sell half my stack at Easter at $36 and buy up on the next dip if there is one.
Running Telly of incorrect to correct Predictions by SammySilver -- 7:1 as of 10/08/16

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#40 2016-12-18 10:20:46

gingham69
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Re: Who broke the law the Cop or the Freeman ?

Good luck to him, every one is entitled to their say in court and the courts go on facts not hearsay!!
What ever happens he hasn't committed an offense or will he lose his license however he might have committed an offenCe and may
lose his licenCe wink

Last edited by gingham69 (2016-12-18 10:22:41)

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#41 2016-12-18 10:25:25

gingham69
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Re: Who broke the law the Cop or the Freeman ?

There is a simple way to get through any breath test if you know how and It works no problems but a blood test you can't fool sad

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#42 2016-12-19 13:54:00

Lovey80
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Re: Who broke the law the Cop or the Freeman ?

fishtaco wrote:
boneyard wrote:

http://www.carr.org.au/self-incrimination.htm

an interesting read on SELF INCRIMINATION.

comments welcome...

This is true for any arrest situation not just motoring offences!

You cannot be arrested or convicted for saying "nothing" other than the required "correct" name address and date of birth if asked.

In court it cannot be used against you the fact that you failed to respond to questions put to you by police or arresting/interviewing officers other than the required name address and date of birth.

Most people "convict themselves" either at the police interview level or by making the mistake of telling their legal representative the truth if they are in fact guilty.

Those people knowingly guilty of a crime and arrested for it need to lie to their legal representative because the legal representative cannot defend as innocent a confessed guilty person unless they themselves do not abide by the law.

Although a motorcycle helmet and a thick phone book usually has most silent interviewee answering all police questions put to them to secure an arrest!  smile

I am calling bollocks on that part. Care to back that up????

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#43 2016-12-19 14:07:21

Lovey80
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Re: Who broke the law the Cop or the Freeman ?

Nugget_Hunter wrote:
fishtaco wrote:

A friend of mine was pulled over some years ago before WA,s 0.05 and breath tested and it read under but he was still taken to the station and had to blow in the big machine which also blew under,they insisted he blow again which he did 15 mins later,again he blew under so they tried to make him do a pen and paper sobriety test which he refused because he had already blown under the limit 3 times in over an hour.

They issued him with a non compliance to testing.

He went to court believing it would be cut and dry in his favour but he  got a 12 month suspension and $1000 fine for failing to comply.


Of all the responses above ...

I think THIS ONE hits it on the head ...

The 'offense' is refusal to comply with 'the direction of an authorised officer'.

it's not just police, but any 'authorised officer' of The Crown ( yes, there is still that British Law element )

You can be sitting quietly on the train, and the 'authorised officer' asks for your ticket / OPAL card. Failure to comply gets you the 'other ticket'. You might actually have it in your pocket, and you just want to 'test' the guy out ... but you only have around 30 seconds to 'comply' ... or you are then deemed as 'failing to comply' ...
If you refuse to give identification, you have another 'offense'. If you argue and start using ANY word that 'may' be deemed offensive by the Authorised Officer, you then have a charge of 'Offensive Language'.
If you use a certain degree of 'body language' that the Authorised Officer may feel 'uncomfortable' with, you then have an 'Offensive Behaviour' charge to add.

Back to the original story ...

The crime is not refusing to give a breathe sample - it's failure to COMPLY with the direction of an AUTHORISED OFFICER ( under the relevant Act/s ).

Thus, I agree ... it WILL cost him in Court ( both time and money ). The 'system' will possibly punish him by scheduling a Court date, then when he turns up, they make him wait all day, then say 'sorry, you'll have to come back another day'.

PLUS, it's Queensland we are talking about. THEY have the hardest Local Court system in Australia !!

I would also like to read where you got that from.

[Offence of failing to provide specimen as required

(5A) Subject to subsection (5B), if a person required by a police officer under subsection (2) or (2A) to provide a specimen of breath for a breath test, or a specimen of saliva for a saliva test, by the person either—

(a) fails to provide the specimen; or
(b) fails to provide the specimen in the manner directed by the police officer who makes the requirement;
the person commits an offence against this Act.

Maximum penalty—40 penalty units or 6 months imprisonment.]

The "authorised" part comes from the commissioner "authorising" officers to perform certain acts. So pretty much every police officer, once trained and qualified in a certain piece of equipment becomes authorised. It's to stop smart ass legal eagles from shutting down legitimate criminal proceedings because Police Officers weren't trained etc in the apparatus. So if QLD police get a new breath tester, just because they are qualified/trained on the old one doesn't make them authorised to conduct tests with the new machine until they are trained and "authorised" to do so. Which for actual purposes gets delegated down to trainers of trainers who hand out their "qualifications".

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#44 2016-12-19 16:51:47

radiobirdman
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Re: Who broke the law the Cop or the Freeman ?

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#45 2016-12-19 16:57:00

Court Jester
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Re: Who broke the law the Cop or the Freeman ?

gingham69 wrote:

Good luck to him, every one is entitled to their say in court and the courts go on facts not hearsay!!
What ever happens he hasn't committed an offense or will he lose his license however he might have committed an offenCe and may
lose his licenCe wink

no he has committed an offence and WILL loose his lisence.

Last edited by Court Jester (2016-12-19 16:57:26)


<--------------------------------------------------------- SIDEWAYS --------------------------------------------------------->
quote=sammysilver 25/10/13  ----- PMs will drive silver to over $30 by Christmas with the GSR dropping to sub 50. I've overextended myself at sub $24 but will keep buying up to $30 then sell half my stack at Easter at $36 and buy up on the next dip if there is one.
Running Telly of incorrect to correct Predictions by SammySilver -- 7:1 as of 10/08/16

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#46 2016-12-19 20:50:59

gingham69
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Re: Who broke the law the Cop or the Freeman ?

Court Jester wrote:
gingham69 wrote:

Good luck to him, every one is entitled to their say in court and the courts go on facts not hearsay!!
What ever happens he hasn't committed an offense or will he lose his license however he might have committed an offenCe and may
lose his licenCe wink

no he has committed an offence and WILL loose his lisence.

I was just being sarcy on the spelling, liSence hahaha good one big_smile

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#47 2016-12-19 20:59:01

gingham69
Member
From: W.A.
Registered: 2011-05-28
Posts: 515
Trades :   

Re: Who broke the law the Cop or the Freeman ?

Amazing how many cops don't know the laws they are supposed to be enforcing!!
In 20 years of being in W.A. I've seen so many Police breaking the law in everyday situations as unfortunately an awful lot think they
are above it once they put on the uniform and come to think of it even without it!
Good and bad everywhere you go...part of life. neutral

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#48 2017-02-03 07:33:30

southerncross
Silver Stacker
Registered: 2012-07-26
Posts: 3,391

Re: Who broke the law the Cop or the Freeman ?

Anyone heard any more on this, or has it just disappeared ?

The latest.

A POMONA man whose alleged refusal to provide a breath test went viral when he posted video of the incident to YouTube has been arrested after a dramatic outburst in court.

Christopher James David Summers appeared in Noosa Magistrates Court today charged with failing to supply a specimen of breath when pulled over by police on November 14 last year.

The case had been adjourned in December when Mr Summers, representing himself, used Commonwealth law as a defence and asked for an adjournment to seek legal advice.

Today, Mr Summers refused to enter a plea based on legal advice from a friend who he told the court was not a lawyer.

When Magistrate Hayden Stjernquist entered a plea of not guilty on his behalf, Mr Summers declared that the magistrate could be jailed for 10 years and "removed" for entering the plea.

Mr Summers was ordered to leave the court but refused, saying "we are not finished here" and continuing to talk.

After refusing two more requests to leave, Mr Summers was arrested.

A man watching from the public gallery then stood up and yelled "we are all witness to this magistrate entering a plea for him".

He was also ordered to leave.

A woman who started filming proceedings on her mobile phone was arrested when she refused to hand over the phone to a police officer, yelling "don't touch me" as she was taken into custody.

Mr Summers and the woman were still being held in custody late yesterday and police had yet to lay charges over the court incident.

He will appear back in Noosa Magistrates Court on March 3 to face the failing to provide a specimen of breath charge.

http://www.qt.com.au/news/mans-fight-ov … c/3132830/

Last edited by southerncross (2017-02-03 07:44:22)

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#49 2017-02-03 08:42:22

Court Jester
Silver Stacker
From: Gold Coast QLD
Registered: 2012-07-30
Posts: 2,889
Trades :   41 

Re: Who broke the law the Cop or the Freeman ?

southerncross wrote:

Anyone heard any more on this, or has it just disappeared ?

The latest.

A POMONA man whose alleged refusal to provide a breath test went viral when he posted video of the incident to YouTube has been arrested after a dramatic outburst in court.

Christopher James David Summers appeared in Noosa Magistrates Court today charged with failing to supply a specimen of breath when pulled over by police on November 14 last year.

The case had been adjourned in December when Mr Summers, representing himself, used Commonwealth law as a defence and asked for an adjournment to seek legal advice.

Today, Mr Summers refused to enter a plea based on legal advice from a friend who he told the court was not a lawyer.

When Magistrate Hayden Stjernquist entered a plea of not guilty on his behalf, Mr Summers declared that the magistrate could be jailed for 10 years and "removed" for entering the plea.

Mr Summers was ordered to leave the court but refused, saying "we are not finished here" and continuing to talk.

After refusing two more requests to leave, Mr Summers was arrested.

A man watching from the public gallery then stood up and yelled "we are all witness to this magistrate entering a plea for him".

He was also ordered to leave.

A woman who started filming proceedings on her mobile phone was arrested when she refused to hand over the phone to a police officer, yelling "don't touch me" as she was taken into custody.

Mr Summers and the woman were still being held in custody late yesterday and police had yet to lay charges over the court incident.

He will appear back in Noosa Magistrates Court on March 3 to face the failing to provide a specimen of breath charge.

http://www.qt.com.au/news/mans-fight-ov … c/3132830/

answer this and you will answer your on question

is it after march 3 2017

remember there are no stupid questions just stuid people


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#50 2017-02-03 19:26:09

fishtaco
Silver Stacker
From: Perth WA
Registered: 2014-10-11
Posts: 2,400
Trades :   59 

Re: Who broke the law the Cop or the Freeman ?

Lovey80 wrote:
fishtaco wrote:
boneyard wrote:

http://www.carr.org.au/self-incrimination.htm

an interesting read on SELF INCRIMINATION.

comments welcome...

This is true for any arrest situation not just motoring offences!

You cannot be arrested or convicted for saying "nothing" other than the required "correct" name address and date of birth if asked.

In court it cannot be used against you the fact that you failed to respond to questions put to you by police or arresting/interviewing officers other than the required name address and date of birth.

Most people "convict themselves" either at the police interview level or by making the mistake of telling their legal representative the truth if they are in fact guilty.

Those people knowingly guilty of a crime and arrested for it need to lie to their legal representative because the legal representative cannot defend as innocent a confessed guilty person unless they themselves do not abide by the law.

Although a motorcycle helmet and a thick phone book usually has most silent interviewee answering all police questions put to them to secure an arrest!  smile

I am calling bollocks on that part. Care to back that up????


Of course legal representation can investigate alternative paths to take away or minimise the responsibility of your confessed guilt but they cannot make up  fabricated reasons on your behalf to put forward an innocent of crime case  if you have admitted to them you committed the crime you have been charged with unless they themselves break the law.

Many guilty people believe they can admit their guilt to their first contact Barrister and then their legal representation is able to devise a not guilty scenario with them to present  in court as defence in an effort to protect the guilty client from prosecution of admitted guilt,this is also against the law.

The first thing a Barrister tells you is "you must tell me the truth as I can only defend you with what you tell me" or "Do not tell me anything until I have investigated the charges against you"

Dont  lie to arresting officers then tell the truth to your legal representation which is what happens in so many cases that result in a justifiable guilty verdict as it should.

If you are innocent then still say nothing other than what is required by law because "anything" you say can or will be used against you in a court of law  but anything you do not say "cannot" be used against you in a court of law. Refusing to answer questions "can" be used against you in a court of law but answering questions with your "Right" of refusal to answer a question presented  through fear of incrimination or on legal advise "cannot" be used against you in a court of law.


Gold is what you desire! if silver is all you can afford consider cheese its tastier.

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