NSW Random breath testing illegal?

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Knightmare

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17 February 2016
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I've been told that the constitution requires police to have "probable cause" before issuing a request for testing - ie driving erratically.

True?

If so it would also hold true for drug testing etc....
 

Rod

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27 May 2014
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Would this be the USA constitution?
 

Adam1user

Well-Known Member
5 January 2018
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I think it is wrong what you wrote, as in the TV ads, they are warning people that there are random breath testing, so the police has the authority.

You did not mention if you were caught? or this is a homework question?
 

Tim W

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28 April 2014
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I've been told that the constitution requires police to have "probable cause" before issuing a request for testing - ie driving erratically.

True?

If so it would also hold true for drug testing etc....
What you were told is not correct.
In Australia, the generally applicable term is "reasonable grounds to suspect".

In the case of RBT however, police have express statutory powers to stop vehicles for this purpose.
Suspicion (let alone probability) is not an element.
 

Scruff

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25 July 2018
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I also believe that in some states Police can breath test you on private property. Breath/drug testing does not always have the same limitations as the road rules.