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  • Posted by Wendy on March 20, 2024 at 2:58 am

    I was pulled over for a random drug test which I stupidly obliged whilst the test was processing the officer started tapping on the test with his finger, unfortunately his video footage didn’t capture this and I didn’t know my rights at this stage so I didn’t film the incident. The cops said the test was positive and I had to accompany him to the station, the solid line on the test wasn’t solid any more and there was the faintest line next to it. He tampered with the test he also wasn’t wearing gloves.

    During the stop I was very confrontational tho which isn’t going to help me I know I was just so annoyed of him tampering with the test and then denying it

    I have been charged with “failing to comply with a requirement to accompany a police officer to a place and to wait at that place” I have a hearing coming up in April and I don’t have my source document yet but I do have my all rights reserved licence, can some one please advise me on the best way to defend this and also what do I send in prior to my trial date please. I have listened to different webinars but I’m just not sure which is the best way to beat this charge. Any advice would be appreciated. Thank you

    Wendy replied 1 year, 2 months ago 2 Members · 9 Replies
  • 9 Replies
  • morag-janet-of-the-hill-family

    Member
    March 20, 2024 at 8:35 am
  • morag-janet-of-the-hill-family

    Member
    March 20, 2024 at 8:45 am

    Also you can go to the Q and A webinar tonight at 7pm AEDT and ask your question there. Get there promptly and put Q.. before your question so it is easily seen by Mark. … https://solutionsempowerment.org/event/general-qa-march-20/

  • Wendy

    Member
    March 21, 2024 at 11:48 am

    Thank you

    • morag-janet-of-the-hill-family

      Member
      March 21, 2024 at 1:33 pm

      The next q and a is on the 10th of April… https://solutionsempowerment.org/event/general-qa-april-10/

    • Wendy

      Member
      March 21, 2024 at 1:51 pm

      Yea spewing I missed the last one my court date is the 10 th of April. My fault tho iv just been busy. Could you tell me even if I argued with them will my all rights reserved licence get me out of this or is it to late cause iv already entered a contract with them pls

      • morag-janet-of-the-hill-family

        Member
        March 22, 2024 at 2:46 pm

        Don’t they have to prove any claims they might make about your behaviour on the day? Aren’t they meant to put any claims into an affidavit so you have a chance to rebut their claims? Don’t you only have to prove something if you make claims,? Isn’t the burden of proof is on he who makes the claim?

  • Wendy

    Member
    March 25, 2024 at 1:35 pm

    They have video footage but it doesn’t show him holding and tapping the test and it doesn’t show the results it alos shows that he wasn’t wearing gloves tho which is a possibility for cross contamination I would have thought. Can you tell me what sort of things I have o send in prior to my court date pls

  • Wendy

    Member
    March 25, 2024 at 1:42 pm

    The video footage I’m arguing with him about the test and that it doesn’t show a positive result he showed me the test after I insisted he flashed it past my face so I couldn’t even focus on it and I asked to see it again after arguing with him further he showed me and I took a picture of it. He then said if I didn’t go with them to be further tested I would be charged anyway. I said I wouldn’t go with them as I didn’t trust them and I didn’t understand what they were on about. If I write an affidavit can I apologies for being argumentative but I felt bullied and under threat by them. Would that counteract me arguing pls?

  • Wendy

    Member
    March 25, 2024 at 1:45 pm

    Alos in their statements they say the test was positive but at no time do they show that on the footage but he made sure he showed his ID at the end of the video.