Getting pulled over in your driveway

[shadetreemechanic]

Here's an interesting one for yas. I just got pulled over by cops on my street, 50m from my house so I just went and parked it in me driveway and got out to ask "what's up?"

Reckons I was speeding but I doubt that, just took a corner fairly fast but that's not illegal

He checks my license and then drives off.

Anyway what is a cop's jurisdiction once you're parked up at your place? I know they can't breathalyze ya (saw it on motorway patrol or RBT) Can they give ya a yellow sticker?

I think all he wanted was to do a breath check so he looked up the address and realized he can't do it.

[acarmody]

Of course he can breathalyse you, if a cop has reason to believe you have been driving (in this case he saw you) then he can enter your driveway and do it.

[Calaber]

He observed you driving on a public street before you got home. He is completely entitled to address you on your property. Just driving off the street and up your drive doesn't mean he can't book you or even arrest you if the circumstances justify it.

[JMP]

You can get pulled over reversing in your driveway if they suspect somethings wrong, so yes they probably can do you when you've pulled in if the witnessed something whilst your on the road

[shadetreemechanic]

Nah on TV they chased this guy on a bike to his house and they couldn't breathalyze him. They did him for excessive speed he was doing like 130kph or something and he got fined but no breath check

[acarmody]

Yeah TV shows the end all for legal rulings.

[mr calais 5.0]

If he/she has probable cause they can.. Oh and they have the attitude test when they first talk to you as well.. If your mouthing off then they will pick shit out of you and car/bike..

[STARK]

If anyone is drink driving and a cop wants to pull you up..

Just dont stop till you get home.
Problem solved

[acarmody]

If anyone is drink driving and a cop wants to pull you up..

Just dont stop till you get home.
Problem solved

Yeah its like playing tag as a kid.

Ha I'm touching 'home' you can't tag me.

Try saying that to a cop. He might very well tag you.............with his baton.

[Jesterarts]

Bahaha @ copper not being able to breatho you if you pull you in driveway.

This isn't prep.. there's no "barley".

If they don't see you driving and catch you in your driveway then maybe, but you can't just drive into your driveway and expect to get away with it.

[oska]

unless the cops have a search warrant they can't do anything while you're on your property even if they've chased you there, they can only alleged that you committed a crime, with no proof it will get dismissed in court

[acarmody]

Not so. Police can enter any property at any time without a warrant if they have proof or reasonable suspicion that a crime is being committed. Depending on what crime, the proof had better be damn good. But for something like DUI reasonable suspicion will suffice.

[oska]

my sister is a solicitor and her partner is a barrister

[Calaber]

my sister is a solicitor and her partner is a barrister

So you are suggesting that police can see you commit an offence but, if you reach the safety of your own property ahead of them, they can't arrest you without a warrant?

What bullshit.

[hi_ryder]

Yeah its like playing tag as a kid.

Ha I'm touching 'home' you can't tag me.

Try saying that to a cop. He might very well tag you.............with his baton.

tell the cop no backsies and stick out your tongue ....

[oska]

cops can't do what they want and they intimidate people in to confessing and allowing them to search and enter

best advice is never answer anything other than who you are and that's it

[acarmody]

my sister is a solicitor and her partner is a barrister

And my dad is an IT worker and my car is Storm Grey, whats your point.

Here is the Victorian law just so it applies to you, I don't think any of the words are to big but with some people you can't be sure.

Crimes Act 1958 - SECT 459A

Entry and search of premises

459A. Entry and search of premises



(1) A member of the police force may, for the purpose of arresting under
section 458 or 459 or any other enactment a person whom he-

(a) believes on reasonable grounds-

(i) to have committed in Victoria a serious indictable offence;

(ii) to have committed an offence elsewhere which if committed in Victoria
would be a serious indictable offence; or

(iii) to be escaping from legal custody; or

(b) finds committing a serious indictable offence-

enter and search any place where the member of the police force on reasonable
grounds believes him to be.

(2) In order to enter a place pursuant to subsection (1), a member of the
police force may, if it is necessary to do so, use reasonable force.

(3) In this section serious indictable offence has the same meaning as it has
in section 325.

[oska]

ok

next time you go to court get your IT dad to represent you

[jatsvl]

ok

next time you go to court get your IT dad to represent you

I can seriously see you comming unstuck in the future and your sister and her husband are going to distance themselves from YOU! very quickly!!!!!!!!!!!!!!!!!

[acarmody]

No need to. IF I go to court for some reason I would use a qualified barrister.

Did you ask your sister or her husband the answer before you posted here?

[oska]

No need to. IF I go to court for some reason I would use a qualified barrister.

Did you ask your sister or her husband the answer before you posted here?

yes

but your IT dad knows better

[acarmody]

No actually the law I posted above knows better.

[oska]

ok

i'm so sorry you know everything and I AM WRONG you WIN

[kuzman89]

They might be able to arrest you, but wasn't the point of what oska said was they can't breatho you?

[EDGE3]

If the police have proof of you speeding,they can/will give you a speeding fine,they can not breath test you in your driveway but they can later charge you if you are the driver and they think with reasonable proof that you are either over the limit or high on drugs.They can touch/search your car in your driveway,what they can not do is touch/search the car that you were driving if the car isnt yours eg,its your mothers or fathers or anyone elses car,the only way they can go near it then is if it was on the street.