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mr_crust

Got caught with a radar detector

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This morning i got pulled over for a random breathe test and inspection. Whilst going through the car and check the ecu they opened up my glove box where i had a radar detector. Now it was NOT operational it was jsut sitting in their with the wiring wrapped around it.

 

I had to had back to cop shop to sign a declaration of abandonment to hand it over. Now the officer told me that i will receive a summons to head to court. How can i be charged for owning one ? isnt it like being charged for having a mobile phone in your glove box and being charged for talking on it even though its not in use?

 

any 1st hand advice?

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arent radar detectors illegal to own anyway?

so they will just get you for owning one, even if it wasn't operational

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jail man 1-2 months have fun

 

sucks to be him. y jail? coz they are illegal

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From http://www.delonixradar.com.au/victoria/#Laws

 

Sorry, no first hand experience.

 

What are the laws governing the use of radar detectors in Vic?

 

(1) A person must not own, sell, use or possess a device the sole or principal purpose of which is to prevent the effective use of a prescribed speed measuring device or to detect when a prescribed speed measuring device is being used.

 

 

 

Penalty: 20 penalty units.

 

 

 

(2) A person must, if required to do so by a member of the police force or an officer of the Corporation or an employee in the Department of Infrastructure (being an officer or employee authorised in writing by the Corporation or the Secretary of the Department of Infrastructure, as the case requires, in that behalf), surrender to that member or officer or employee any device referred to in sub-section (1).

 

 

 

Penalty: 5 penalty units.

 

 

 

(3) A court that convicts a person of an offence against sub-section (1) or before which a person is charged with an offence against sub-section (1) of which the person is found guilty or to which the person pleads guilty and in respect of which a conviction is not recorded may order that the device by means of which the offence was committed be forfeited to the Government of Victoria.

 

 

 

(4) All devices forfeited under sub-section (3) must be destroyed or otherwise is posed of as the Chief Commissioner of Police directs.

 

 

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it would be similar to having an unregistered gun, even if you do not use it or even have ammo for it. you would get a massive fine/jail sentence

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OUTRGS - cheers for the advice.

 

from what i've read the max fine $1200 with an a average of $200-$400 for possession which is still a load of rubbish

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well hope thats all for your sake man.

 

And what were you doing with a radar detector anyway

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when i was in the states last year i picked one up for 60 bux so i thought why the hell not....never really used it...more just to gimmick than anything

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expect to lose muchos grandae demerit points as well (up to nine)

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yeah just read that as well mate,im suprised at the penalty rates...i still have all my points so to lose 9 in one hit will be a big blow if that happens.

the fact when i got caught i wasnt speeding/ doing illegal and that the radar was not operational i wouldn't think that the max penalty rates would apply.

 

ahhh well what do u do, expensive price to pay but whats done is done

 

ill keep this post updated in the new year with the outcome for future reference

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What Brand/Model? How well did it work? :P

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Bad luck mate, you shouldn't have kept it in your car the whole time though =\

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Tsuro - i only ever flicked it on and off in the drive way to see what it did but never used it on the roads..after i handed it in the boys in blue they said that they will test it, if it doesnt turn on or the device doesnt work then they will destroy it (so no fine or court appearence required) if it works (in my case it did detected radars and also blaanks there screens out) then off to court

 

so judging by the test it must have been a decent one...all i know is it was a whistler (ill have to google for pics to find the exact model number since its outta my hands)

 

darkone - i had to learn that the hard way i suppose

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How can i be charged for owning one ? isnt it like being charged for having a mobile phone in your glove box and being charged for talking on it even though its not in use?

 

A mobile phone is Legal, A Radar Detector isnt. If the fine for having a Radar Detector is 20 penalty units then your up for $2389 in fines + possible loss of demerit points + possible other fines that are linked with the loss of demerit points.

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How can i be charged for owning one ? isnt it like being charged for having a mobile phone in your glove box and being charged for talking on it even though its not in use?

 

A mobile phone is Legal, A Radar Detector isnt. If the fine for having a Radar Detector is 20 penalty units then your up for $2389 in fines + possible loss of demerit points + possible other fines that are linked with the loss of demerit points.

 

a radar detector is legal to import into the country according to australian customs. now in victoria its illegal to possess one...so how does that work im allowed to important an illegal device but not allowed to possess it? wouldnt federal law take precident over state law

 

emz- couldnt agree more mate

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Get some legal representation from a competent barrister and you'll do ok in court.

 

DO NOT GO IN BY YOURSELF.. You will get murdered. The courts do not enjoy having to explain everything to people trying to represent themselves.

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Yeah +1 to legal representation, two of my mates both cracked it out sideways together onto a main road right infront of a cop. One got legal representation and one didn't. The one that didn't got raped and the other one got off lightly in comparison

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Wouldn't a gps unit with speed camera locations be illegal then?

And can't you refuse to have your car searched without some kind of warrant?

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expect jail time if u go in unrepresented.

no kidding, having a radar detector is one of the biggest no-no's. its on a level compariable with running from the cops/high speed pursuit.

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dont know the rules in vic but my mate got pulled over in nsw with one and he lost his licence for 3 months and lost 18 points for having the radar detector/jammer

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Wouldn't a gps unit with speed camera locations be illegal then?

And can't you refuse to have your car searched without some kind of warrant?

Police are allowed to search your home, car or you

under a range of different laws or ‘common law’

authorities, for example the Firearms Act (guns),

Controlled Substances Act (drugs) or Summary Offences

Act. Police either require a search warrant or have to

have legitimate authority to do so. If a detective in plain

clothes or a police officer in uniform wants to search

your home or property or you but they do not show you

a search warrant, you can:

- ask them to show you the warrant

- ask the police officer to tell you what lawful authority

police are acting upon to conduct the search

If the police are entitled to search your house, car or

you, it is an offence to try and stop them.

 

So basically, under the Firearm's Act they are allowed to search your car whenever they want. The police officer simply has to have a suspicion that you may be carrying firearms

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The police officer simply has to have a suspicion that you may be carrying firearms

something like that.

 

cause they pulled u over, thats suspecion.

 

its sort of a sell furfilling circle

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expect jail time if u go in unrepresented.

no kidding, having a radar detector is one of the biggest no-no's. its on a level compariable with running from the cops/high speed pursuit.

BS - the unit is confiscated, you get fined and demerit points.

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expect jail time if u go in unrepresented.

no kidding, having a radar detector is one of the biggest no-no's. its on a level compariable with running from the cops/high speed pursuit.

BS - the unit is confiscated, you get fined and demerit points.

at the magistrates discression

 

disclaimer: SA magistrate

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I love how they give you demerit points..

if it does go to court, Make sure you ask for proof it even works...

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i highly doubt ull go to jail due to the fact it was not wired up in operation ull get f**kd for possesion of the item still sucks but

 

 

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