Off duty officer powers

[mx kid]

So yesterday the roads were quite wet in PERTH and i had my traction control off which resulted in a little drift around a corner. Now b4 ppl start sookin it, yes i agree it was stupid and i deserve the consequenses.

So apparently the car behind me was on an off duty officer in a new mazda 4x4. he pulled up next to me at the next set of lights with his badge out giving me a right mouthful (again, fully deserved).

The odd thing is, he didnt issue me with a ticket or anything. just said that he was going to impound my car for 28 days and take my licence for three months. the usual hoon law scenario in WA. He then said that i would be hearing from him and proceeded to drive away.

Now i just want to know what, if anything, i can expect to happen next. will he show up to my house with a tow truck? will i get a ticket in the mail? or was it just a hollow threat and nothing can actually be done from this point?

cheers

[Stressball]

If he can be bothered with the paperwork, you'll get a ticket in the mail, presumably with a date set for police to arrive to take the car. Unless you take it to court, and lose (which you would), then it'll just be taken a bit later instead.

[mx kid]

alot of people are telling me that there is no evidence to back up his claims. without him issuing me with a ticket and me signing it, he cant really place me as the driver at the scene. and it is his word against mine. if there is no chance of me winning the argument then ill just accept it and take my medicine. but if the officer has in some way faulted and it gives me an opportunity to keep my licence and car then i will fight for it. i guess i just want advice from somebody who actually knows from past experience. or even from an officer or retired officer on here. Remeber this was in WA so it might be different from eastern states law.

[calais24/7]

I have nfi but arent the police usually right if it comes to your word against he's

[undersuspicion]

I have nfi but arent the police usually right if it comes to your word against he's

pretty sure the court will take the copper's word over yours mate, unless you can provide witnesses or evidence to suggest he is wrong.

[mx kid]

Well i had a mate in the car with me. but i guess that doesnt really count as a solid witness. and he would be lieing so i wouldnt ask a mate to do that for me. i dont really want to lie to get out of it but what im saying is, if the officer has gone about it the wrong way and makes his claim invalid then i will take advantage of that.
Guess ill just wait and see if he goes through with sending it out

[Jesterarts]

Same principle as a speeding camera.

When you get snapped you don't pull over and give your details. Whoever the car is registered to gets a ticket in the mail and if someone else was driving they the this can be declared and the ticket goes to the nominated person.

Inregards to impounding, doesn't matter who is driving the car, if the car is seen hooning it can technically be impounded so they don't really need driver details.

If you're game, you can go to a police station and see if there is anything in the system about it.

Otherwise, just sit tight and clench hoping you don't get bummed.

Hopefully the copper will have too much other stuff to deal with and will forget about your little indisgretion, the clenching period should be a lesson to you hopefully.

Just an FYI, coppers have full powers on and off duty. They even retain their powers once they have retired from what I understand.

Think about that next time you think about being silly on the roads, there's a chase that older bloke in the camry next to you is a retired copper.

[mx kid]

thanks mate.

he was pretty fired up about it so i dont like my chances. guess he was scared that i was gonna come too close to his little mazda.
I did immediately appologise after he flashed his badge but he wasnt havin a bar of it.
i just hope that it all happens after my mrs gets back from america in 5 weeks so that i got someone to drive me if i need to go somewhere..

[ClairBear]

pretty sure the court will take the copper's word over yours mate, unless you can provide witnesses or evidence to suggest he is wrong.

This. You would need some damn good witnesses in court if you are going to accuse an Officer of the Law of being wrong.

You did the crime now you must prepare to do the time.

[monkeys437]

He should have got you to pull over and taken down your license number if he wanted to book you. Ive had it happen to me before with an off duty copper but I contested his charge and got off.

Do some research on off duty police powers and if he hasn't followed procedure to the letter I would be denying anything took place and that you weren't in the area at the time etc.

[undersuspicion]

to op, give legal aid a call here in perth and ask them for advice. They do give free advice.

[minux]

lol, might screenshot this thread and send it to WA Police. I am sure there would be LULZ all around.

Seriously, finding a way out of getting out of a #### up is stupid. Take it on the chin and don't do it again.

[mx kid]

lol, might screenshot this thread and send it to WA Police. I am sure there would be LULZ all around.

Seriously, finding a way out of getting out of a #### up is stupid. Take it on the chin and don't do it again.

I wasnt asking people how i can get out of it. i was asking what happens next.

Did you even read the thread properly before you climbed up onto your high horse?

i clearly stated that i was in the wrong and that if the officer followed the right procedures then i would take it on the chin.

[Calaber]

Here we go again - more misconceptions about what Police can and cannot do.

Firstly, (this could be different in WA), but police are technically "on duty" even when not at work, so he was acting within his responsibilities in pulling you over and discussing your driving. He will also be acting correctly if he breaches you via a mailed ticket for your actions, and I imagine, if hoon laws in WA permit the confiscation of a vehicle, and your driving constitutes hooning within that law, the vehicle can be impounded. However, to do those things, he should have viewed your license and taken full details, including your car's rego number and made notes of what he observed with your driving. Did he do that? If he didn't, you might consider yourself lucky to have gotten off with nothing more than a scare and a warning.

It is his word against yours, but he is more likely to be credible because he has nothing to gain by lying - you do. Your mate can support you but as you said, he would be wise to tell the truth, not lie to help you get out of a fine.

Note for Jester - once you're retired, you're an ex-cop and enjoy none of the legal rights or responsibilities of a serving police officer. You just become an ordinary Joe Blow on the roads like the rest of us.

[ClairBear]

Who cares if he followed the correct procedures - you did it so cop it on the chin. You are asking if there is a way to wriggle out of it by finding out if the cop did his job wrong.

[Stressball]

if the officer followed the right procedures then i would take it on the chin.

Why only if he followed the right procedures? Whether he followed the procedures or not, you still ####ed up and got caught for it... Why should his mistake mean yours doesn't matter anymore, particularly since his is less likely to get somebody killed?

[mx kid]

Why only if he followed the right procedures? Whether he followed the procedures or not, you still ####ed up and got caught for it... Why should his mistake mean yours doesn't matter anymore, particularly since his is less likely to get somebody killed?

im looking at it this way. if the court says im in the wrong so here is your sentence then i will take my medicine. if they say "umm actually the officer has done this wrong and we can not charge you" then im not going to hand my keys over and say "please take my car and license as i deserve it"

im not arguing whether i was right or wrong. i clearly was wrong and i accept that. the point of this post was to find out what is next so that i can prepare myself.

[minux]

I wasnt asking people how i can get out of it. i was asking what happens next.

Did you even read the thread properly before you climbed up onto your high horse?

i clearly stated that i was in the wrong and that if the officer followed the right procedures then i would take it on the chin.

Errr...perhaps you should read your own posts more carefully.

alot of people are telling me that there is no evidence to back up his claims. without him issuing me with a ticket and me signing it, he cant really place me as the driver at the scene. and it is his word against mine. if there is no chance of me winning the argument then ill just accept it and take my medicine. but if the officer has in some way faulted and it gives me an opportunity to keep my licence and car then i will fight for it. i guess i just want advice from somebody who actually knows from past experience. or even from an officer or retired officer on here. Remeber this was in WA so it might be different from eastern states law.

Seriously?

Sounds to me like you are looking for a way out...

[Stressball]

im looking at it this way. if the court says im in the wrong so here is your sentence then i will take my medicine. if they say "umm actually the officer has done this wrong and we can not charge you" then im not going to hand my keys over and say "please take my car and license as i deserve it"

im not arguing whether i was right or wrong. i clearly was wrong and i accept that. the point of this post was to find out what is next so that i can prepare myself.

Right so, trying to get out of it If you get a fine in the mail, you're taking the step to try and get out of it by contesting. You will have made the first move in an attempt to save your licence/car, not them. They will never tell you he screwed up if you never take it to court. Pay the fine and it's done. IF you even get one.

[minux]

IF you even get one.

Key words for this thread.

[VKCOMMO]

So yesterday the roads were quite wet in PERTH and i had my traction control off which resulted in the allegation of a police officer of a little drift around a corner. Now b4 ppl start sookin it, yes i agree it was stupid and i deserve the consequenses.

Shoulda wrote that.. You've just admitted it on here

[undersuspicion]

thats also why they make the traction control stay on unless you push a button.

[Luke V8]

...then i would take it on the chin.

Get used to it... if you keep driving like a then it will be more than a fine you'll be taking on the chin... it'll be some big hairy mans balls in prison.

[rambunctious]

I doubt you will hear any more, after all if he was serious he would have done you on the spot, called up his mates and arranged a tilt tray. He has achieved what he set out to do by putting the wind up you(that's if he really is a cop and really did show you a real badge)

[mx kid]

Well heres hoping nothing comes of it. its definitely scared me enough to stop me doing it in traffic.

thats also why they make the traction control stay on unless you push a button.

i try to turn mine off all the time. for me personally, it does more harm than good. i respect other ppls opinions on it but this is the first car ive owned that has it and i hate the way it jerks the car if it gets a little loose.