QLD behaved inappropriately towards a police officer??

Discussion in 'Traffic Law Forum' started by Roger Jones, 16 March 2019.

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  1. Roger Jones

    Roger Jones Active Member

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    My 22 year old son has just returned home very upset with an infringemnet notice from a QLD police officer for "behave innappropriately towards a police officer".
    My son is a law abiding, VERY respectful and hard working boy. He does have a number of learning & emotional issues.
    I asked him what happened and this is his response
    ...............I was pulled over for a RBT
    I stopped, the police officer shoved the breath test device into my face and said rudely
    "BLOW INTO THIS"
    I asked him to identify himself, he refused I asked again (respectfully each time) & he ignored me again,
    He then said you are getting an infringement for 'behave innappropriately towards a police officer"
    The police officer then spent the next 15 minutes making me wait while he wrote out the infringement notice..........

    The infringement notice is barely legible & its for $783.
    What is 'behave innappropriately towards a police officer". Is he trying to say thaty my son did something sexual to him, I don't understand.
    I have tried to call the police station but trhey won't answer the phone & police link put me on hold for 20 minutes then the operator put me on hold again for over 25 minutes while she "checked if I had a VALID complaint".
    please help me my whole family is distressed & my son is not coping at all
    Roger J. Jones QLD
     
  2. Adam1user

    Adam1user Well-Known Member

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    I think your son has already put a post about this and I responded to it:
    WA - Can Police put a RBT stop on a bridge ?
    and there is other one, but not sure if it was your son, anyway I did respond to it.
    As for your post, what that means, it is not that your son did something sexual, it means that your son was not cooperating with the police as they wanted, in his other post, he stated he gave them hard time which is why he got this infringement. If he was easy going, it may have been a warning, but you can never tell.
    What has happened is not a easy thing (from a family perspective point of view) but it is not that a big issue to have all the stress over it. Just pay the fine and it is a lesson to learn from. You don't have to have the family stressed over it, I am not saying it is fun and of course there is the financial aspect of $783 which is not a small amount to pay, but I'm sure he has learned his lesson the expensive way.
    My advice, is never piss off a police officer, always do as told and if you have a point, take it to court. It works, Read my post:
    NSW - Riding a Scooter in Car Park Without a Helmet?
     
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  3. Roger Jones

    Roger Jones Active Member

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    My son has not put a post on about this as he is unable to use a computer or device due to learning diificulties.
    This occured in Central Queensland & I repeat my son was in no way disrespectful!!!
    This is a big issue as I have always instilled upon myself & my family to treat all others with respect & dignity.
    I am not prepared to just pay the fine & let the QLD police bully my son - we took him out of school & homeschooled him as he was being bullied by his classmates, these vile children would then throw rocks onto our roof at night & again reporting it to the QLD police brought no action despite the $2600 damage to the roof of our home. I do not complain to the police abour every little thing and myself, my wife & my son had not received even a parking ticket prior to this incident.
     
  4. Adam1user

    Adam1user Well-Known Member

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    I am not arguing with you, I went on based of what was written. I have no doubt your son is well behaved, but that does not mean that some kids may do something inappropriate (without intention) because of bad parenting, that does not mean the kid is from a bad family. it just means kids will be kids. Read the other post (I think it was your son, as it relates to the same issue- if not then disregard the underlined sentence), he stated he gave the police a hard time.
    I was not there, so I can not say what happened, (If your son was bad enough, he would not be with you at home, you would be talking to him in jail).

    You know the facts more than I do, you have talked to your son and he provided more info to you than was written here. I replied on what was written, if you feel you have strong evidence to go to court against the police, go ahead. No one will stop you.
     
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  5. Tim W

    Tim W Lawyer
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    Try not to distress yourself, @Roger Jones
    The above user is not a lawyer, and not in Queensland.

    Let's get down to it here.
    In the end, your son has two options.
    Pay the fine, and have it all be over, or
    take it to court, and make a case before a magistrate.
    The instructions will be on the back of the ticket.

    As a layman, and a parent, chances are, you yourself
    will not be heard in court as an advocate for your son.
    That said, given that your son may well have a disability,
    he should get formal, case specific legal advice about the situation.
    Even in Queensland, the courts can be... impatient...
    with lazy, overzealous policing of soft-targets and vulnerable people.
     
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  6. Atticus

    Atticus Well-Known Member

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    Is there an offence number or code on the notice? May be in a column alongside or near the words "behave inappropriately towards a police officer"
     
  7. Tim W

    Tim W Lawyer
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    Good point, this.

    In my remarks above, I am assuming that it's a valid infringement notice, issued for an actual offence.
    It does sound like an odd name for an offence (even by Queensland standards).
    Which does make me wonder if it's a real offence, or if the constable was just bullying a soft target.

    That said, it's also possible that your son (given his LLN factors) may be using different words to the actual title of the offence. Either in (good faith) summary, or because he's just repeating (in good faith) the words the constable used.
     
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    #7 Tim W, 18 March 2019
    Last edited: 18 March 2019
  8. Scruff

    Scruff Well-Known Member

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    It's also worth pointing out that if this incident did in fact play out as described, I'm pretty sure that the Police officer was required to identify himself to begin with.

    In NSW he definately would have been required to do so. Perhaps someone can clarify "exactly" what information QLD Police are required to provide in this situation. (In NSW it's name, rank and station).
     
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    #8 Scruff, 18 March 2019
    Last edited: 18 March 2019
  9. Roger Jones

    Roger Jones Active Member

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    the code is 2670 .
    I have checked and the QLD police are required to give name, rank & station.
    Is it worth complaininmg or will I become a target?
    My son's learning difficulties cause him to react verbally very slowly in any stressful (to him) situation. ( Being around a stranger, shouting, aggression etc)
     
  10. Tim W

    Tim W Lawyer
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    Even after looking, I'm still unable to find the basis of this offence.
    I'm pretty sure that "Fail To Show Sufficient Deference To Police"
    is not an offence, even in Queensland.

    If it's one thing I can't abide, it's malicious policing of soft targets.
    One thing though - your son is an adult (being 22 old).
    So it might be he who needs to make the complaint.
    I'm sure there will be ways for you to assist him,
    short of being the complainant yourself.

    Unless you live in a small enough town where the police know everybody,
    or if your family is otherwise known to police,
    then you probably don't need to worry about being targeted.
     
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