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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44181
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Is it compulsory for patrol cars doing a traffic stop for

Customer Question

is it compulsory for patrol cars doing a traffic stop for RBT to use their dash camAnd do subsequent cars that pull up with their lights on have to use their dash cam too?
Submitted: 11 months ago.
Category: Australia Law
Customer: replied 11 months ago.
To do the random roadside drug screen do they have to be qualified and approved and what happens if they were not trained?
Customer: replied 11 months ago.
If he says I'm under arrest for failing to comply because I was asking questionsAnd doesn't tell me my rights
And then continues to give me the roadside drug test anyway (I complied)Am I still under arrest for that?He said the test was positive - are they required to show you?He arrested me for having the positive testI saw the test at the police station it was negative.If they take me to the police station and the equipment isn't there can they take me to another police station? And then back again to the first police station to lock me away as I declined the second oral fluid test.They locked me away and seized my phone and iPad because I filmed them
They said I could have them back when I was released and they would just keep me in their until they had done the paperworkI was in there for 5hours..Are they allowed to take my mugshot and fingerprints just for that?They put me on bail because I was staying at a friends house while finding a rental house.This happened on March*****is August 12I didn't do the
Second test so are they required to keep the drug test stick as proof ?They said they threw it out
And there's no dash cam footageIt felt like harassment
And I had bad bad anxietyI asked them 3 times to speak to a lawyer and they said no
It's on the audio recording from in the room at the police stationAre they required to video it?# if the cop that tested me was not authorised does it get dismissed
# I had anxiety from all the cops there will a doctors note help
# can they take me to 3 police stations I have proof from my ph locations
# can they seize my phones and take my data and put their program on their before they return them I have proof
# do they have the right to take my mugshot and fingerprints just because - if i had a residence I would've been released.
But because I was living with a friend I got put in the lockup and they took my prints etc# if they Threw out the drug test stick, and there's no Dash cam footage as they claim
How can they prove my test was positive in order to prove there was a reason for me to be at the police station?# what can I do
# I've got anxiety even right now
Customer: replied 11 months ago.
If it helps it's the - road transport act this happened in Canberra
Expert:  Leon replied 11 months ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

No they do not have to use their dash cam.

If they are recording you have to be advised that you are being recorded.

You are under arrest if they have told you that you were under arrest.

They are not required to video it.

I would suggest that you go and have your own independent test to back up tour allegations that there was no drugs.

If they take you to a station and the test is negative that is the test they have to rely on and if you are asked to go to court they have to provide you with a copy of the test.

I hope this makes sense and is of assistance, if there is nothing further

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.

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