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Hi Leon, Yesterday I was pulled over in my vehicle and fined…

Hi Leon, Yesterday I was pulled...

Hi Leon,

Yesterday I was pulled over in my vehicle and fined for HID headlights - defective vehicle, and unsecure items in my tray.

now when they first pulled me over the police car was pulled over pulling someone else over. the passenger was fining the car in front and the driver was in the car. As I approached at 70kmh (speed limit) and was approximatly 100m away the driver swung open the door and ran out onto the road wearing no hi vis vest to flag me over.

He then proceeded to rudely ask for my licence, demanded me to pop the bonnet and stated my headlights were illegal. He then grabbed a board of wood I had jammed between another item and the tray (the other item was secured but the item he got me for was too small to secure any other way then wedging it in) and threw it in the middle of the tray and stated I will be getting fined for an insecure load.

He then ordered me out to lift the bonnet. He reached into the engine bay and pulled my wiring out to get the HID control box and stated this is illegal and I will be getting a fine. He then harrased me about the turbo setup which is as far as i am aware completely legal and said he will post out a fine if it is not??

What grounds do I have him on to get out in court? He said he has blacklisted my name and vehicle and any further defects within 5 years will see me lose the vehicle to impound - no matter what car im driving

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Answered in 4 minutes by:

2/6/2014

Solicitor: Leon, Solicitor replied 9 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,733

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Afternoon

With the head lights and the turbo all you need is to get the vehicle cleared by QLD Transport.

In relation to the load you need to set out up as you had it before he took the timber out of the way and take photos.

When you have all of this you can then write to the police and provide the evidence and ask the to withdraw the notice and the matter ill go away.

If they refuse then you have togo to court and put all this to the court and have them dismiss the notice.

I assume you were alone on the car?

Does all this make sense?

Customer reply replied 9 years ago

I will more than likely be electing to have it heard in court due to the manner in which the officer spoke to me.

I was wondering if the matter of the unsecure load would be let off by him tampering with the evidence - while moving it. As any regular person would have seen it as being secure. I am not a trained load restrainer and to the best of my knowledge it was secure.

The headlights are an illegal item however the car does not belong to me. it is a company car and I simply drive the vehicle. I was not aware of this item.

What is the ruling on police popping your bonnet and touching your vehicle? I asked for a warrant however he refused and just told me to 'get out and lift the bonnet'

It is not the fine amount or points I am worried about. Moreso how he told me he has blacklisted me and my vehicle and any vehicle I drive now within 5 years will get impounded for any simple defect I am found with.

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon

In your letter you would set out exactly what happened and that the load was secured as per the photo and the officer rover the timber.

The issue about the secured loan you have to find out what the rules say. My understanding is they have to be tied down.

You need your boss to advise that the vehicle is his and you had no knowledge of it.

They have every right to inspect and search there is nothing you can do about them looking under the bonnet.

Has he accused you of hooning?

Customer reply replied 9 years ago

he has not accused me of hooning but said under the new laws any more defects within 5 years in any vehicle will see my car impounded or forfeited.

I was told to quote the following whenever a police officer pulls you over:

'I do not grant you ANY authority over me and as I am not a member of the government nor am I carrying out functions of government as an agent or otherwise, I am not in your statutory jurisdiction and so, unless you have reason to suspect under common law I have either A: commited, B: are in the act of committing or C: are about to commit a CRIME then I have nothing further to discuss with you.'

Will this legally stand up and stop them being able to fine me for anything? Or is this like the people that ask if they are being detained - like they do in america.

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon

The car they are referring to is the vehicle you were driving. This is an issue for the owner not oyu.

What you have been told to say does nothing.

The law gives them broad powers of search.

Here is the law in QLD

http://www.police.qld.gov.au/rti/published/policies/qpsPolicyProc/searchVehWoutWarrant.htm

So the search was in relation to the illegal headlights and he made further investigations which is permitted.

I am sorry I cannot give you anything more positive.

He can only fine you for what is in breach of the law nothing less.

This all occurred as a result of the attacks in the US and the UK.

I hope this all makes sense?

Is there anything else I can assist you with?

Customer reply replied 9 years ago

in your opinion should I fight this or just pay the fine?

I am not worried about the cost nor the 1 point. I have 6 years of perfect driving history. Never once have I had a fine in my entire life. I do not appreciate this tarnishing my record and would like it removed.

The other item I am afraid of is that if I get defected for anything as small as a blown tail light bulb I will then lose the car to impound which may not even be my car. It could be my mothers or freinds.

What is your suggestion on my next move? Would a letter explaining it is my first offence that I was unaware of and ask them to kindly remove it out of good faith work? If so who do I address it to and where would I send it?

Thanks

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon Brad

I would not pay it straight away

I would prepare a letter and put frown the facts as I have said and ask the police to withdraw it.

Have your boss confirm that the vehicle is his and you only use it when at work and you had no knowledge of the lights being illegal.

This is their responsibility.

If they refuse then you should take it to court and the court would I believe dismiss the light and turbo issue and may fine you for not having the items secure.

It is not going to be simple but you should try.

I hope this makes sense?

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,733

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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