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Didnt take a breath test, advice, thoughts
Hi Everyone,
Im based in Victoria near Geelong and 4 months ago I was driving home through the bush when I ended up swerving to miss a car and wallabies which resulted in me hitting a tree. All was ok except some concussion and damage to the car. The insurance wait time was 1.5 hours so I reported the accident with the no sirens number so there was a record that the car wasn’t stolen and I got a lift home with a friend. I had not been drinking before the accident but when I got home I did have a couple of drinks. 2 odd hours after the incident the police turned up to breath test me. I was not a member of empowerment solutions at the time so would now handle the situation differently but essentially they said they had the right to breath test me within three hours of an incident. I kept saying to them “I dont understand” and after about 8 minutes of this back and fourth they said “well we take it that you are refusing to breath test” to which I again said “I dont understand” and then they left. I had heard nothing for 4 months and 2 days but last night when I was not home the police turned up to the house to what I can only think was to be served with a court summons.
Question: When they arrive to serve the documents again how best would I handle the situation? Is there anyway to get them to back down or leave with questions like business card / indemity insurance number or am I already past that point?
Thanks in advance
Hayden
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3 Replies
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Hi Hayden, it all depends what you want to achieve. If you want them to not have access to your property then you could put up trespass signs cameras and locks on your gate. If you want to know how to address them face to face then that requires preparing a folder for the door with relevant documents to pass to them. it would be best to have a security door so they can’t barge in. It’s great that you didn’t allow them to breath test you because you would definitely have given them false evidence but then an alcohol reading would have enabled the insurance company to opt out of their legal obligations. You could start a three step notice process with them to gain an agreement before you step foot in court. This might be a good webinar to start with?… https://solutionsempowerment.org/webinar-how-to-address-police-when-affronted-by-an-officer/
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Thanks for your reply Morag. Want I want to achieve is to not loose my licence for 2 years! I will re listen to this module again and get information ready. Just wondering how I access the notes to this module they dont seem to come up ? Thanks
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You can buy the module that goes with this webinar here… https://solutionsempowerment.org/p/module-18-how-to-address-police-when-affronted-by-an-officer/… To hold them accountable if they unlawfully take your license could be a long drawn out process and you need to know what you are doing every step of the way as well as gathering evidence as you go for any transgressions they are committing. If you start with learning how to deal with them if they approach you then you can master that process and build on your knowledge base from there. That’s where I started when I first joined this group.
solutionsempowerment.org
Module 18 – How To Address Police When Affronted By An Officer – SolutionsEmpowerment.org
Module 18 – How To Address Police When Affronted By An Officer – SolutionsEmpowerment.org
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