QLD can this case be kicked out?

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spillthebeans

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12 December 2022
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i was on my eskateboard in the city and crossed the road to another corner and travelled down the road using the pavement turning at the next corner i entered a car park adjacent to a Hungry Jacks. I stopped to take a call. spoke for a min if that then i carried on my journey. As i left the car park a guy standing on the pavement said "hi. cool skateboard" i replied "thanks" and carried on my journey. before i got to the next corner a car suddenly sped past me and pulled up sideways in front of me (like starsky and hutch) the driver yelled at me to stay there. do not move. i realised that the occupants were police, uniformed in an unmarked car. as they came towards me i asked them what do they want why are you stopping me. The officer who yell'd at me replied "you ran a red light about 4 blocks back" they then asked me what i was doing there, asked for my name address date of birth which i provided and then asked to see in my bag. This seemed odd seeing as i had only ran a red light and i refused. They then asked why was i in the car park, who was i talking to on the phone and why was i talking to the guy on the street, i said i stopped to take a call. the guy just asked me about my eskateboard. The cop again requested access to my property i again refused . He then said that they had observed me from a street that was a few blocks back. they then watched me take call in car park leave and speak to the stranger. After i refused again to a search and this time he said that they had reasonablesuspision
 

Tim W

Lawyer
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28 April 2014
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So, were you arrested? Infringed?
Or, being Queensland... bashed?
 

spillthebeans

Active Member
12 December 2022
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I have been processed and charged. Have not received my QP9 i appear in court next week and will seek an adjournment
 

Tim W

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28 April 2014
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That's a standard petty tactic - either to delay the QP9 until the last possible moment, and/or to dust you up further by causing delays
 

Tim W

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28 April 2014
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thamks for your observations Tim but in regards to my question do i have a case?
Hard to say.
Depends what you were charged with (you haven't actually said)
 

spillthebeans

Active Member
12 December 2022
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possesion of 2 points and a utensil. they also raided my home and found a utensil remember i was advised i had run a red light. quite unusual for a traffic offence i would have thought
 

Tim W

Lawyer
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28 April 2014
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Not at all.
It's very common to find further (non-traffic related) offences
when somebody is stopped for a traffic matter.
 

spillthebeans

Active Member
12 December 2022
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so even though i asked them why they stopped me and they answered that they were stopping me for a traffic offence it is still okay for them to ask only questions relating to why im here etc. no traffic offence related questions? and in regards to the violation of transport operations REG305? unmarked vehicle no flashing lights, no alarms, blocked my path with 180 slide bringing their vehicle side on in front of me and obstructing footpath so blocking pedestrian access?