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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23076
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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A police officer called me from a mobile phone today that

Customer Question

A police officer called me from a mobile phone today that someone reported about me committing a traffic infringement or dangerous driving by overtaking them on the road twice. They also have some photos of my car overtaking them or another car (it wasn't clear to me). In fact this person was overtaking me very dangerously and had to slow down and pull to the left to avoid an accident. Then, he was driving very slowly in front of me and that is why I had to overtake him. When I told this to the officer, he told me if I was telling him lies and not admitting what the other person was saying he has no other choice than taking the case to court. But if I admit what the other person was saying I will only be verbally warned of maybe get a small fine for traffic infringement because the other person did not want me to be charged. I was just wondering if what this policeman did was legal at all.
JA: What state is this in? And how old is the car?
Customer: New Zealand and the my car is 12 years old.
JA: Has anything been filed or reported?
Customer: The other person reported this to the police.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 1 month ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 month ago.

The police office likely went over the line in these questions. He cant cross examine you in an interview, as that would be illegal. But you would need to have a recording of what was said otherwise its your word against his. You can of course still defend any charges and give evidence of this conversation from what you recall and complain that this was an unfair tactic. The other driver may also need to give evidence so this could come down to who the judge believes on the day

Customer: replied 1 month ago.
I have a recording about the whole conversation with the police. Would it be a good idea to tell him? Can he accuse me of lying? Isn't that against the law? I am only a licenced real estate agent but I can find myself in serious trouble if I accuse my clients of lying.
Expert:  Chris The Lawyer replied 1 month ago.

The police should not lie either, and you may have good evidence about the inappropriate questions. The real issue may come down to the evidence about the driving itself, and that will be your word against the other driver. You could tell the police officer that you took the recording and you think what he said was wrong and that your explanation still stands. That may mean he does prosecute of course and you will need to defend this. But you could as an alternative tell him that you know people can be mistaken but you are telling him the truth and definately not lieing. Say you are sorry the other driver got this wrong, but that he was the one at fault in this situation