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Pulled over, unregistered, Arrested, watch house, Notice to Appear
A memorable joyfull new years evening this year. Been driving 10 weeks unregistered, two weeks unlicensed. Arranged a timed payment to begin in March23 for outstanding traffic fines to stop threat of impounding of vehichles on 24Dec and reinstate license. Just got to grips on doing my first BOE and clauses etc to handle the rego.
Been wanting to go thru the ‘pulled over by police’ process. Adelaide Hills. 8.45pm. I’ve got my video recording of the roadside in the car. Is there somebody who could critique the video so that next time I can get it right please?
The notice is attached. I went over the summons video today. The two arresting cops and the sarge, I don’t have their names. Sadly lacking notice. What is the best way to get these details. Ring the station?
Is there anything that has to be done in the next 48hrs now? About to start the 3 notices. Any guidance will be greatly appreciated. I already have my source ID.
Tried nearly everything, even the prepared conditional acceptance form, the CPO, they wouldn’t hand over their business cards, asked more than three times on everything they refused. Case law. Am i not a man, agreement and what law? Ive never asked so many questions.
I had a witness in the car, my 14yr old son. when i realised that i was going to be arrested no matter what, i last resorted, i fear for my son’s and my safety so am i free to go? at least twice. Nada. Arrested. Roadside i had 5 cops, 3 cars in the end. Video 16mins. Sounds short.
At the station, lots of mantra don’t consent to answering. Assaulted. Lots of bruises but no beating. Photos this morning of the bruises. Looked at my toes for the photos,, the second guy trying to arm lock me.
The only victories i had were keeping my cool and not doing the breatho. They asked me twice and stopped.
Did the three dots for my signature to start. Got to put my feet up for a while. Changed my mind. Got out of there.
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27 Replies
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Love the all rights reserved signature. I wonder if there would be any benefit
if someone in a similar position to you added a “VC” to indicate they signed
under duress and threats with menaces?-
You only add V.C. to a document when you are under duress such as being told you won’t get out of jail unless you sign a statement they prepared. You don’t add it to your license because you are volunteering to apply for it therefore there is implied consent to their requirements and no duress.
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Sorry, I worded that very poorly, I was actually thinking about best way to
sign the Bail Agreement. It is obviously done under duress and coercion
“sign or you won’t get out”-
They did say ‘if you dont sign you wont be getting bail’
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Then that is under duress. besides that, if you made it clear at the start (and caught it on video) that you were not giving them jurisdiction over you (by asking the right questions), then everything they did after that was committing crimes against you.
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I don’t think i said anything like Duress at signing. I don’t remember saying anything.
Terence Peter
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I’ll take a look at the video for you. Module 28 Address a Summons has a three step Notice you cna use as a template and explains the process you need to complete before court. I have attached a script for court for you to peruse
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Thankyou Jeff and Morag for replying.
The initial form they put in front of me was to just start the bail process. Spot for signature at the top and the cop then fills out everything below. I put three dots on this. The cop said i cant proceed with this. In the lockup then. I got pulled back out for something. I had my phonecall then to my wife. When she answered the cop said to her ‘if i didn’t sign the form i would be sent to Adelaide remand and released on Tues morning for a hearing’. They never said this to me directly. then they handed over the phone to me so we could talk. talk about pressure points and scripts on their part.
No pressure from my wife to do anything one way or the other. afterwards i signed beside the three dots and that form miraculously dissappeared. Then the start of the assualt for the photo and fingerprints which i refused non consent. Then the frog marching by the two arresting cops Me resisting and saying stop the assualt. As i was being dragged away, the sarge said “true to my word, now that you’ve signed, i’ll grant you bail”. I got the 2 cops to stop dragging me so i could ask a ques of the sarge “so now that you have granted me bail I don’t need to have my photo and fingerprints done?” asked as a question. his reply was ” no, your signature only starts the bail process” No mention of photo/fingerprint until after i signed first time. Is this linked?
After this the new Notice form which you,ve seen which i had to sign first and then the cop completed.
The dirty games they play. before i got out of the car, i gave my wallet and phone to my 14yr old son. After i was taken away, while he was there at the car on his own with another cop, they asked him to give them my licence. Which he did. Then at the station while he was waiting for mum to arrive and pick him up, the cops ask him for my phone from him. which he handed over.
So i’m being booked at the station and not giving my details and the arresting copper pulls my licence out of his pocket and hands it over to the sarge and the sarge uses it to fill in my details. I still kept my cool. That was the toughest moment.
I asked how did you get my licence? and the sarge answered as i stated above. later when they removed all my belongings from me, another rabbit trick, they pulled out my phone. Same question. Answer as i stated above.
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I wonder if it was the same cop that pulled my son over in the adelaide hills, as well. My son was 17 at the time. He asked for his businness card with indemnity insurance number, at least 3 times. The cop kept asking for his license, my son never said no, kept his cool, kept saying, “we’ll get to that..”.
In the end, he was arrested, never looked in my son’s car that was still running with my 2 year old in there, sleeping. Arrested him, took off to Mt. Barker watch house, left the 2 year old in the car, running. At Mt. Barker, my son heard him on the phone with someone asking if he can arrest a juvenile. After the fact? They put him on bail. That’s all over now. But he does have a video of all the interaction when just pulled over. Is there something to do about a false arrest?
At Mt. Barker, my son was aking questions like, where is the victim, the crime? They told him there are victimless crimes…
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For this reason (maybe it was the same bully boy) we need to put in a formal complaint for any crimes these people are committing. Over time, if a parasite gets three complaints against him/her their insurance company gets very jumpy and the offender is usually relieved of their job.
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I’ve never done that before.
What is the process of putting a formal complaint in?
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Hello
The name of the Head of station at Mt Barker is acting superintendent Michael Sampson.
The three officers are Sergeant Darren Johns, Senior Constable Bowes, Senior Constable Burden.
I’m going to do my Affidavit of complaint next week
Terence Peter
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Sorry Morag. Now i understand your comment about the VC.
How do i get the video file to you? I wish it to stay private at this stage. Thanks for doing this. Thanks for the list of questions.
Terence Peter
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I don’t know how you would get it to me. it sounds like you got the works from these pirates. That is how they used to treat Mark. It’s all about evidence. If you have good evidence of not contracting with them on video then you can transcribe the video and use key points from it with your affidavit as exhibits to prove they had no cause to arrest you and that you were under duress, which nullifies their processes. When buy the module you will see what process you need to complete to get your remedy. Well done for holding your position as it must have been hugely stressful to go through that with the bully boys.
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Ive bought the module now. I could send the video by the website contact form if it allows uploads and for SE to pass it on, or find an email address for SE mentioned in a Q&A and do same?
What happened to me, the assualt even, just a scuffle really because i couldn’t fight back I resisted but stopped short of getting hurt. I was rattled internally and i wasn’t prepared for it or expecting it. The rest of it i just went into observe mode.
But the stuff with my son and how that played out and the couple of things they said after they put the cuffs on me about dealing with a juvenile. That was bad and rattled me the most. Just mean tricks. The trip back to station was bad mentally. But not as frightful as Mamasha’s situation.
I’ve been driving the car to work only and wherever around that, non freeway camera roads into adelaide, but during that time i can’t count the number of times cop cars have been directly behind or coming towards me and not pulled over. On 30Jan i had three different cars, two directly behind and one came toward me in a 10km stretch in Northern Adelaide, (work hours) and all peeled off.
Is there something in Police procedure where they leave you alone for a certain length of time or time of day period and after that they pull you up? I did get complacent
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Hi Douglas when you drive without registration or license it does attract attention from the parasites. For that reason Mark now registers his automobile in another State. He did go to court every time they hauled him in there over that matter and won but he said it takes up time and energy he needs for other things so as they would have kept hauling him into court he decided to take the path of least resistance and register in another state so they wouldn’t have jurisdiction over him. That is also an option you could consider. On the other hand you will get lots of experience dealing with this in the end if you decide to stick with it moving forward.
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Hi Morag. Ive retired my license to the drawer. Yes i’m going to get a Qld licence now. Frying pan to the fire? When i moved to SA 22yrs ago..if only? I’m not sure how to do the cars though.
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When i got out, i got driven back to the auto and somehow those wheels got home, bit of combustion maybe, main drag, and at some point the car was registered for three months that night, not happy but ive got enough to deal with at the moment. I’ll do the boe in three months.
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Here’s a great breakdown of how to have a successful interaction.
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Thanks Morag
Terence Peter
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I’ve been quiet, but i’ve been busy. I got the first adjournement and the private default judgement was finished a week later. I got a second adjournment. My first affidavit has been filed. Stock standard as per Mod28b. Attached. I forget to include my Non Consent signed form so have done a second affidavit. I decided to completely transcribe the Pulling over with the coppers. I have had a basic go at doing the affidavit with supporting reasons /evidence to negate the vexatious charges.. I got the idea from listening to the 28b webinar. Would you be able to give me some guidance to strengthen it and get it better please. Does an example of this type of affidavit exist somewhere, another module? workshop manual?
I got triggered when i had to hand in my affidavit to the cops at the same police station. I feel like a piece of forged steel now. Hard to explain. I’ve been role playing with another SE member here in Adelaide. We have been meeting twice a week for the last 8 weeks. I’ve honed my gameplan.
Part of the Final Notice, I included about getting my digital fingerprints and photos expunged from the system. Do i express this in court? Apart from winning do i need to express anything in court to handle the trespass and the assault ie judge miraculously orders the cops to produce the booking video? Do I include an invoice to be triggered if i’m taken to court ie 4x$9k, $165k for damages, $450K for trespass on the video?
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Good luck Terence and wishing you best in your fight with the Parasites.
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Thankyou for your kind thought. I appreciate it
Terence Peter
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From what i have been studying you ask them to either return your property [including fingerprints] or to destroy them. Then you have a record of requiring them to do this. If you have a Default and Liability Clause then if they default and don’t comply then they have a penalty to pay, which I suppose, if they come to you at any time in the future claiming they have your property as evidence of something when they were supposed to destroy it, then you can put in a claim as as per the Default and Liability Clause.
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Not in the Affidavit though, but in the Conditional Acceptance or Demand for Better and Further Particulars, whichever process you are completing.
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Yes that makes sense. Yes it was in the T&C’s of the third Final notice to destroy. Thankyou Morag
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