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Failure to pull over what happens?

Discussion in 'Politics, Laws, Government & Insurance' started by crutch, Mar 9, 2007.

  1. Say a a cop try's to pull u over, u slip away through traffic looking innocent or just speed off.

    Later on is it their responsibility to prove it was not u riding or is it yours.
    What generaly happens if u speed off.

    Jjust curiouse

  2. In NSW:

    You could expect police from the LAC closest to where the bike is registered to be waiting at the registered address if the incident occurs close to that address.

    If not, then they will certainly be around latert that day.

    They will want to interview the owner, and they will ask questions regarding your whereabouts at around the time of the incident and want to confirm this with anyone else who can corroborate, bear in mind they won't tell you the reason as to their visit until the officer conducting the interview decides if he has enough to proceed with a charge or not.

    They will put questions to you, that infer you were riding it, and if you are clever and respond so as to appear not to have been the rider, they will ask if anyone else has had care custody or control of your bike at or around the time of the incident. If you say yes, they will want to interview that person, if you say no, they will after realising you aren't going to fall prey to questioning tactics, put to you that you were the rider, and ask you what you have to say about that.

    they will likely have a description of the rider they saw, like clothing etc and if you fit that description when they come to see you, it's a fair bet you will be gatting a CANS (basically a court attendance notice).

    The onus of proof lies with the police, they cannot book a vehicle, they must book a driver/rider, that said, HWP cars are now fitted with front and rear cameras that can be activated by the driver at anytime, and are usually recording all the time, however some leave it off but it will activate automatically if the vehicle warning system is activated.

    This means that they may possibly have video of YOUR bike bearing YOUR rego doing the runner. This is a whole new story, and they will still ask the questions I have mentioned above, and if you don't finger anyone else, then rest assured you will be getting charged or a CANS depending upon the exact circumstances, because they have proof it was your bike, and you as owner should be able to tell them who if not you, had your bike at that time, this would constitute proof beyond reasonable doubt in almost all cases, and you will cop it.

    If you get a visit, and they interview you, if you admit to riding it, one question they pretty much must ask is "did you see or hear the Police vehicle and it's warning system in their attempt to make a traffic stop?" if you answer "yes" your history, if "no" depending upon how convincing you were and how sincere they gauge you to be, they may just exercise discretion and warn you, as afterall if you didn't see or hear them, that is a defence to the prosecution, and they won't get up unless you went to court for mention and plead guilty.

    After having said all of that, if you have the police vehicle right behind you, and the warning system is in full noise, then you take off, they will want to sink you 200% because you would have no possible defence, and it is clear you did a runner. They just need to prove, it was you or whoever you finger that was riding it.

    In addition to all of the above, your bike rego (VIN and Eng) and you/your license will have what is known as intel placed onto COPS (police computer systems) stating you have been known to evade Police. anytime Police conduct a transport (rego check) or license status check or CNI (criminal names index) check, they will be informed of your history of evading Police. If at this time, you have say been stopped for a minor traffic offence, and the officer was considering warnong you instead of issuing a TIN, I am almost certain, you will end up with the TIN once police hear what radio has to say.

    If you need any further info, let me know :LOL:
  3. I could see a police chase going for hours just like in the US :wink: :LOL: Well if you get caught you will suffer the consequences of the LAW! :twisted:
  4. ive heard the nsw coppers will use road spikes on motor bikes in a high speed chase. and dat shit just aint cool.
  5. and neither is running from the police.
  6. i "heard" of 3 people on a 250 with no helmets and police attempting to pull them over who just continued on their travel and then through a park. apparently the owner of said bike spent weeks waiting for a visit or some nasty mail in the letterbox. police did nothing. weird.
  7. wow thanks alot tweet.

    Thats great amount of detail i was only speculating as to what the cops would do just nice to know for sure.

    being placed on record as evading police is something intresting to consider.
  8. Whoever told you this rubbish has no idea. Police have a responsibility not only to themselves and other road users, but also to offenders in that they must not unreasonably endanger human life. Using a stinger on bike, would almost certainly see the rider crash, and if injured would result in the officer deploying the stinger being himself charged with reckless endangerment, amongst other things. Then there is the liability issues, as the commissioner does not indemnify police for culpable actions.
    At present there are many civil proceedings pending in NSW against Police, brought by crooks who feel they have been wronged.

    When a pursuit is called by a car to radio, they have a person known as the DOI in the radio room who will listen in to the pursuit, and will make decisions based upon feedback from the pursuing vehicle regarding vehicle speeds, traffic density, road surface conditions and the pursuing drivers level of experience along with the actions taken by the offender, and the DOI will decide if the pursuit continues or is terminated based upon this feedback. The feedback is constantly relayed by the Police in pursuit every 10-20 secs or so. If in the opinion of the DOI, the pursuit poses an unacceptable level of danger, the DOI will instruct the radio operator to instruct the Police to terminate the pursuit.

    Termination is decided upon on a case by case basis, but I can assure you that Police will never use a stinger on a bike in a high speed pursuit.
  9. There is an evade police law in SA and Qld now so fail to pull over at your own peril.
    Other states will come online soon.
  10. It's been law in NSW since 1982.
  11. Interesting to know as I can't hear police/ambulances above bike/ipod so might not hear them screaming at me to pull over..
  12. I would suspect that surely comes under the same umbrella as why you're not meant to use walkmans (and similar) in cars :p Surely if you can't hear what's going on around you, that's a pretty big risk on a number of counts?

    Aside from that, thanks for the info, tweet. If I had to hazard a guess, I'd guess you were in law enforcement *laugh*
  13. That's not so good! Casting aside failure to hear an emergency services vehicle with full sirens being a bad thing, doesn't that also mean you're going to have trouble hearing other things as well?
  14. That's why they have the bright flashy lights as well ;). Seriously if you can't notice an emergency vehicle behind you with both lights and sirens going you shouldn't be on the roads.
  15. You see that all the time…makes you cringe when you see people with an ambo right behind it with its lights and siren blearing…so far ive only seen cars do it though
  16. this is what happens in Victoria (right from the mouth of a curent TMU member) "If they get the plate number they get in contact with the registed owner and if the owner denies it, they have to nominate a driver or they lose their licence for two years " will be charged with a stack of traffic offences, fail to obey lawful direction etc etc

  17. :idea:
  18. Ha! Mate dont worry, if they are after you will hear them, I did.
    Anyone know what kinda speeds they will call off a chase? is it like 150 in the suburbs and whatever elsewhere..

    As for the plate things as i have always done in they are within 30meters behind your bike its safe to say they have got your plate so you might aswell pull over.
  19. tweet, thanks for the clarification, the bloke who told me that, he didnt seem to be taking the piss, so i believed him, even though it didnt sound quite right. and no i dont think running away from the police is cool either. a criminal record is so much worse than a suspension of licence. i'm not anti copper in the slightest tweet, ive got mates in the reserves who are coppers, from riot squad, hwy patrol to tau. not to mention both my grand fathers were coppers. i do have serious problems with certain incidents of police conduct (ie armidale riot 2003) but i understand most of these issues are a result of government policy. off topic i know, but i do get the hint of a serious anti police sentiment in the motorcycling community, which for the most part is completly unjustified.

    *rant finished*
  20. Thats why i don't listen to my ipod while riding... plus i can hear my bike that way (no tacho...)

    But i must say i do like the pretty flashy lights :LOL: