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

[mrdavidbowie]

VICTORIA

* I live in an apartment complex that has about 1.5 kms of internal roads.

* Do the police have the right to enter this property, track me down, pull me over on one of these privately owned roads, breathalyse me and then proceed to fine me for driving an unregistered vehicle?

This is what happened last night.

The police officer said he saw me on the public road a few minutes earlier. They obviously did not pursuit me right away. Rather some minutes had gone by. I had already arrived home and this is when they entered my property and came after me - and found me several hundred metres into my own property which is where they pulled me over

Police officer also said he had the right to stop me driving the vehicle right there (ie. despite already being on my own land... I had not quite yet parked the car in its usual spot).

Thank you.

 

[mrdavidbowie]

Also I am wondering if the police are allowed to speed on our private roadways and endanger the lives of residents and neighbours over someone's faulty rego? Although I obeyed normal common property speed, I am figuring this is why they were able to catch up with me. They very obviously did not obey the speed at all.

 

[Rod]

Do the police have the right to enter this property, track me down, pull me over on one of these privately owned roads, breathalyse me and then proceed to fine me for driving an unregistered vehicle?

They have a right to enter but can be asked to leave and should leave in certain circumstances. If you did not ask them to leave then chances are they did not exceed their authority.

Keep in mind their powers are quite wide and any savvy policeman will know what to do and say if you start to show 'attitude'.

Recommend pay your rego so you avoid this issue.

 

[mrdavidbowie]

Thank you for the reply and yes I have payed it now - on credit. At $800, it was putting me under financial strain and now with the forthcoming fine, it will amount to 10% of my gross annual wage. I know this is my own fault for my rego being a few weeks overdue but this is a big blow.

 

[Rob Legat - SBPL]

Also be aware that as you live in an apartment complex, you were likely pulled over on common property. It's unlikely you would had any rights to ask them to leave.

 

[Rod]

Co-ownership is an interesting situation. Someone who is in possession (owner or tenant) can order a 3rd party off the land, but only if there is no invitation by another co-owner. Else no-one could ever be 'done' for trespass on private common property.

 

[mrdavidbowie]

Also be aware that as you live in an apartment complex, you were likely pulled over on common property. It's unlikely you would had any rights to ask them to leave.

I am surprised by that but thank you for the reply.

Some further questions...

Do I need to stop my car and remain in the vehicle and be accosted as if it were a public road? I was 300 metres into the property and they were the 'visitors' on this land. They detected my vehicle on this property then flashed their lights then a short siren.

Would I have the right to ask Police to leave my common property if they were breaking the common property rules by going perhaps double or triple the sign posted speed limit? They were but seeing I don't have a speed detector, it is hard for me to prove.

What is the common property law concerning the driving of unregistered vehicles? I think this a matter for my body corporate to enforce rather than the traffic police who have entered the property. They will need to put an address on this infringement and seeing they have both detected my vehicle and issued the infringement 300 metres into privately held land, I still have some doubts whether they can do this in an accurate and legal manner.

 

[Tony Danos]

VICTORIA

* I live in an apartment complex that has about 1.5 kms of internal roads.

* Do the police have the right to enter this property, track me down, pull me over on one of these privately owned roads, breathalyse me and then proceed to fine me for driving an unregistered vehicle?

This is what happened last night.

The police officer said he saw me on the public road a few minutes earlier. They obviously did not pursuit me right away. Rather some minutes had gone by. I had already arrived home and this is when they entered my property and came after me - and found me several hundred metres into my own property which is where they pulled me over

Police officer also said he had the right to stop me driving the vehicle right there (ie. despite already being on my own land... I had not quite yet parked the car in its usual spot).

Thank you.

The police can enter private property and request a breath test. They regularly do this when a driver doesn't stop at an accident and goes home. They will knock on the front door of a home although they have no right of entry. So, in your case they entered the property. Had you entered your house then that would be different.
Regards

 

[mrdavidbowie]

I did not cause any accident or had done anything obviously wrong. They were patrolling cars in the general area - and they decided to enter the private property and investigate my car. They were 300 metres into the property when they found me and then obviously confirmed the fault of my registration (at which point they flashed the flights and siren). At no time before that were they in pursuit. As far as I know, my common property has a lot of rules/laws but there is nothing against the driving of unregistered cars. There are, however, serious laws about speeding through the property (which I believe they have done). I don't think the policeman had any idea where he was. He said at one point I wasn't home yet. I was already 300 metres inside my own property - as was he.

 

[Tony Danos]

I did not cause any accident or had done anything obviously wrong. They were patrolling cars in the general area - and they decided to enter the private property and investigate my car. They were 300 metres into the property when they found me and then obviously confirmed the fault of my registration (at which point they flashed the flights and siren). At no time before that were they in pursuit. As far as I know, my common property has a lot of rules/laws but there is nothing against the driving of unregistered cars. There are, however, serious laws about speeding through the property (which I believe they have done). I don't think the policeman had any idea where he was. He said at one point I wasn't home yet. I was already 300 metres inside my own property - as was he.

I don't think it would be worth the legal fees to take it to court.