Police enter my property, start a pursuit, breathalyse & fine me for lack of rego ON MY OWN LAND

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Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
OPs issue is he didn't ask the police to leave. Failing to do so means the police had an implied right to be on the property.

If police were trespassing as a result of being asked to leave he MAY have a case and the ticket MAY not be valid. But I suspect police would just reissue the ticket later anyway using their sworn evidence of having seen the OP on a public road.

I see it as a no win situation for the OP.
 

Iamthelaw

Well-Known Member
13 September 2016
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An apartment complex with 1.5km of private road? How certain are you it's in fact private road? Given that others (such as the police) seem to freely be able to drive on to the road leads me to question whether it is in fact, private or not.

Notwithstanding what type of road it was where you were pulled over - If contesting, a Magistrate needs to only be satisfied that you were driving an unregistered vehicle on a public road on the day in question (which you have more or less admitted).
 

sammy01

Well-Known Member
27 September 2015
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ok so you were driving an un-registered car??? you broke the law. Forget looking for a loophole. Lets pretend for a minute you took this to court.. Dear judge, sure my car was unregistered, sure I was spotted on a public road, but they didn't catch me fast enough and by the time they caught me I was on private land and as such the cops are the bad guys....

Good luck with that as a defence.