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Naked Twin wrote:Be wary of the not being able to be breath tested on your own land. Whilst technically that is correct the Police can still take you back to the station for breath test and you can be charged for PCA or drink driving.

in NSW you cannot be tested on your own property, but the copper as a trained professional can make observations of you which can be used in court. Eg Staggering, red eyes, slurred speech etc.

smithy5 wrote:

Naked Twin wrote:Be wary of the not being able to be breath tested on your own land. Whilst technically that is correct the Police can still take you back to the station for breath test and you can be charged for PCA or drink driving.

in NSW you cannot be tested on your own property, but the copper as a trained professional can make observations of you which can be used in court. Eg Staggering, red eyes, slurred speech etc.

Which results in being taken back to the station for a breath analysis. The officer has to believe you were driving the vehicle prior however. Whilst they can not test you on your own property you can still be arrested, taken back the station for a formal breath analysis and formally charged for driving PCA. Refusal to do so can mean that you did not provide the police with a breath analysis which can lead to an automatic disqualification. Note this is for NSW, can't comment on other states. If I can be bothered I will find the link.

Nick

Pretty sure they can't take you from your home for a breath test. And they don' t need to cause their word/opinion stands up in court.
I knew a guy that got done on a gixer for speeding. The copper caught up with him in his driveway. The guy admitted to speeding & having a few beers. Copper admitted he couldn't test him, no trip to the station, no radar reading & no breath test. However he was Charged & convicted speed manner dangerous & PCA. Probably a lot to do with his admissions on the night which I assume the copper recorde at the time.

z900/zx9 wrote:victoria just changed the law and definetly no drinking while driving even if u are under the limit

Yep, it was legal to drink and drive in vic untill very recently.... i know as i have tested it a few times over the last few years... as long as u were under .05
Been pulled over with a can in the hand, and havent been able to do anything, as ive allways been under... they give u the glare and the big bullshit talk tho, but if ur under, ur under.....
Couple of weeks ago, our fearless leader, only just found out that vic was the only state in australia that still alloud u to drink and drive.... so they jumped on that.... no coldie on the way home from work anymore... or just hide it when there around

dutchy wrote:

z900/zx9 wrote:victoria just changed the law and definetly no drinking while driving even if u are under the limit

Correct. As for drink driving in victoria "home safe" is bullshit, infact, drink driving legislation is applicable on private property regardless if you are on any sort of road area or not. Eg. If your pissed driving out in a paddock bomb you can be done for being over the limit.

Hypothetically, if you were actually caught drinking alcohol while driving you would breath test remarkably high, which in victoria means that you would be requested to attend the local station for further testing anyway.

I have a few friends who are police in victoria.

A few friends who are police in vic... like that one dutchy sure u dont wear the blue suit??

smithy5 wrote:Pretty sure they can't take you from your home for a breath test. And they don' t need to cause their word/opinion stands up in court.
I knew a guy that got done on a gixer for speeding. The copper caught up with him in his driveway. The guy admitted to speeding & having a few beers. Copper admitted he couldn't test him, no trip to the station, no radar reading & no breath test. However he was Charged & convicted speed manner dangerous & PCA. Probably a lot to do with his admissions on the night which I assume the copper recorde at the time.

You're right Smithy5

born green wrote:

dutchy wrote:

z900/zx9 wrote:victoria just changed the law and definetly no drinking while driving even if u are under the limit

Correct. As for drink driving in victoria "home safe" is bullshit, infact, drink driving legislation is applicable on private property regardless if you are on any sort of road area or not. Eg. If your pissed driving out in a paddock bomb you can be done for being over the limit.

Hypothetically, if you were actually caught drinking alcohol while driving you would breath test remarkably high, which in victoria means that you would be requested to attend the local station for further testing anyway.

I have a few friends who are police in victoria.

A few friends who are police in vic... like that one dutchy sure u dont wear the blue suit??

SHIT!!! They're onto me! :lol:

I never lied, and my chosen career is no secret to those here, except maybe some newer members.

born green wrote:only just found out that vic was the only state in australia that still alloud u to drink and drive...

No, not the only state. It's not an offence in SA.

http://diamond-valley-leader.whereilive ... -the-road/

Seiko will love this.

In Victoria there is no arrest power for police in regards to drink driving. You can refuse to take part in either a preliminary or evidentiary breath test..........however........

....should you refuse to be breath tested the penalties are a mandatory 2 year loss of licence and up to $1600 in fines.

Damned if you do, dammed if you don't.

Totalitarian bastards. (thought I'd throw that in to save Seiko from posting):lol::lol:

If you choose to play up during breath testing in Victoria, the police won't care. In alot of cases it's a far worst result for drivers if you refuse.

Can we have a Police section on the forum please...needed...

dutchy wrote:

z900/zx9 wrote:victoria just changed the law and definetly no drinking while driving even if u are under the limit

Correct. As for drink driving in victoria "home safe" is bullshit, infact, drink driving legislation is applicable on private property regardless if you are on any sort of road area or not. Eg. If your pissed driving out in a paddock bomb you can be done for being over the limit.

Hypothetically, if you were actually caught drinking alcohol while driving you would breath test remarkably high, which in victoria means that you would be requested to attend the local station for further testing anyway.

I have a few friends who are police in victoria.

A Paddock basher on private land, hmmm. Im guessing not in NSW, however what about a ride on mower on the council strip (rural)? Ive done that pissed a few times Of course they would have to catch me first

Once again this is a simple rule for a complex problem.
How does drinking a beer differ from drinking a can of coke...or my fav coffee milk.

The real test should be if the activity you are doing affects your ability to drive. Obviously this would be harder to enforce/prove so take the easy approach and ban beer and using a mobile.

Leanne wrote:

smithy5 wrote:Pretty sure they can't take you from your home for a breath test. And they don' t need to cause their word/opinion stands up in court.
I knew a guy that got done on a gixer for speeding. The copper caught up with him in his driveway. The guy admitted to speeding & having a few beers. Copper admitted he couldn't test him, no trip to the station, no radar reading & no breath test. However he was Charged & convicted speed manner dangerous & PCA. Probably a lot to do with his admissions on the night which I assume the copper recorde at the time.

You're right Smithy5

Not so sure about that. RTA links are useless at the moment. To be done for PCA they have to get a reading from their breathalyzer at the station as I was told by a solicitor otherwise it can be thrown out of court. All PCA essentially go to a magistrate thus the requirement.

aardvark wrote:

born green wrote:only just found out that vic was the only state in australia that still alloud u to drink and drive...

No, not the only state. It's not an offence in SA.

http://diamond-valley-leader.whereilive ... -the-road/

Ok, i stand corrected on that, only took that off the news, when our fearless state leader said that but than he didnt know u could here either

laidback wrote:Once again this is a simple rule for a complex problem.
How does drinking a beer differ from drinking a can of coke...or my fav coffee milk.

The real test should be if the activity you are doing affects your ability to drive. Obviously this would be harder to enforce/prove so take the easy approach and ban beer and using a mobile.

Couldnt agree more laidback..... so u finish work, drop in the shops, its a hot day, u grab a drink, so whats the difference on a udl, or a can of soft drink????