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Got caught with a radar detector - Hardtuned.net

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Got caught with a radar detector 

43 replies to this topic

#1 mr_crust

  • Joined:27-August 04
  • Location:Australia VIC
  • Car:XR6 TURBO / R33 S2

Posted 12 November 2010 - 11:11 AM

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?

#2 n/a s13

  • Joined:26-October 09
  • Location:Australia VIC
  • Car:1993 R32 GTS-T

Posted 12 November 2010 - 11:33 AM

arent radar detectors illegal to own anyway?
so they will just get you for owning one, even if it wasn't operational

#3 Curmi

  • Joined:31-May 07
  • Location:Australia VIC
  • Car:r32 daily

Posted 12 November 2010 - 11:34 AM

jail man 1-2 months have fun

#4 n/a s13

  • Joined:26-October 09
  • Location:Australia VIC
  • Car:1993 R32 GTS-T

Posted 12 November 2010 - 11:35 AM

View Postjapcars, on 12 November 2010 - 11:34 AM, said:

jail man 1-2 months have fun

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

#5 Dr. Cranium

  • Joined:23-May 07
  • Location:Australia QLD

Posted 12 November 2010 - 11:35 AM

I'm fairly sure they are illegal, regardless of whether or not they are in use.

#6 fried rice

  • Joined:09-February 08
  • Location:Australia NSW
  • Car:S15 JDM

Posted 12 November 2010 - 11:36 AM

From http://www.delonixra.../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.



#7 -Truck-

  • Joined:19-March 10
  • Location:Australia SA
  • Car:VIP Y31 Cima

Posted 12 November 2010 - 11:41 AM

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

#8 mr_crust

  • Joined:27-August 04
  • Location:Australia VIC
  • Car:XR6 TURBO / R33 S2

Posted 12 November 2010 - 11:53 AM

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

#9 driftmatt

  • Joined:20-September 09
  • Location:Australia NSW
  • Car:S13

Posted 12 November 2010 - 11:54 AM

well hope thats all for your sake man.

And what were you doing with a radar detector anyway

#10 n/a s13

  • Joined:26-October 09
  • Location:Australia VIC
  • Car:1993 R32 GTS-T

Posted 12 November 2010 - 11:55 AM

^^^ im wondering the same thing

#11 mr_crust

  • Joined:27-August 04
  • Location:Australia VIC
  • Car:XR6 TURBO / R33 S2

Posted 12 November 2010 - 11:57 AM

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

#12 1800nsuss

  • Joined:08-April 10
  • Location:Australia SA
  • Car:r33

Posted 12 November 2010 - 11:58 AM

your farked

#13 -Truck-

  • Joined:19-March 10
  • Location:Australia SA
  • Car:VIP Y31 Cima

Posted 12 November 2010 - 12:09 PM

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

#14 mr_crust

  • Joined:27-August 04
  • Location:Australia VIC
  • Car:XR6 TURBO / R33 S2

Posted 12 November 2010 - 12:15 PM

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

#15 Tsuro

  • Joined:17-October 03
  • Location:Australia VIC
  • Car:1999 Subaru MY99 WRX, 1993 Nissan 180SX

Posted 12 November 2010 - 01:13 PM

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

#16 darkone

  • Joined:10-November 05
  • Location:Australia SA
  • Car:Silvia

Posted 12 November 2010 - 01:30 PM

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

#17 mr_crust

  • Joined:27-August 04
  • Location:Australia VIC
  • Car:XR6 TURBO / R33 S2

Posted 12 November 2010 - 02:52 PM

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

#18 antonio

  • Joined:26-September 05
  • Location:Australia VIC
  • Car:S14

Posted 12 November 2010 - 04:41 PM

View Postmr_crust, on 12 November 2010 - 11:11 AM, said:

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.

#19 mr_crust

  • Joined:27-August 04
  • Location:Australia VIC
  • Car:XR6 TURBO / R33 S2

Posted 13 November 2010 - 07:49 AM

View Postantonio, on 12 November 2010 - 04:41 PM, said:

View Postmr_crust, on 12 November 2010 - 11:11 AM, said:

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

#20 Zenki Monkey

  • Joined:23-March 06
  • Location:Australia NSW

Posted 13 November 2010 - 08:06 AM

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.

#21 omg_its_trent

  • Joined:01-December 07
  • Location:Australia VIC
  • Car:R33 4door

Posted 13 November 2010 - 08:59 AM

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

#22 Nic19

  • Joined:26-October 05
  • Location:Australia VIC
  • Car:Two tone s13

Posted 13 November 2010 - 09:12 AM

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?

#23 Eevo

  • Joined:07-January 07
  • Location:Australia SA

Posted 13 November 2010 - 09:12 AM

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.

#24 KidDynamite

  • Joined:02-November 05
  • Location:Australia NSW
  • Car:S14A

Posted 13 November 2010 - 09:14 AM

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

#25 darkone

  • Joined:10-November 05
  • Location:Australia SA
  • Car:Silvia

Posted 13 November 2010 - 09:32 AM

View PostNic19, on 13 November 2010 - 09:12 AM, said:

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?

Quote

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

#26 Eevo

  • Joined:07-January 07
  • Location:Australia SA

Posted 13 November 2010 - 09:47 AM

View Postdarkone, on 13 November 2010 - 09:32 AM, said:

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

#27 delonix

  • Joined:19-September 07

Posted 13 November 2010 - 10:03 AM

View PostEevo, on 13 November 2010 - 09:12 AM, said:

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.

#28 Eevo

  • Joined:07-January 07
  • Location:Australia SA

Posted 13 November 2010 - 10:12 AM

View Postdelonix, on 13 November 2010 - 10:03 AM, said:

View PostEevo, on 13 November 2010 - 09:12 AM, said:

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

#29 MidnightMods

  • Joined:19-December 03
  • Location:Australia VIC

Posted 13 November 2010 - 10:45 AM

I love how they give you demerit points..
if it does go to court, Make sure you ask for proof it even works...

#30 SR2013

  • Joined:13-November 08
  • Location:Australia VIC

Posted 13 November 2010 - 10:53 AM

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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