PBT in own home

Refuse PBT, to accompany, to remain, or to provide sample.
Koz1984
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Joined: Fri Mar 08, 2013 8:58 pm

PBT in own home

Postby Koz1984 » Tue Dec 31, 2013 8:48 am

What does the law state with respect to complying with a PBT should you drive to your own house and be confronted by Police at your door requesting you undergo one as they saw you driving your vehicle? Can you turn them away?

Day
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Joined: Wed Mar 19, 2008 4:51 pm

Re: PBT in own home

Postby Day » Tue Dec 31, 2013 10:48 am

No. If you turn them away they will charge you with refusing to take a breath test.

Mode100
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Re: PBT in own home

Postby Mode100 » Tue Dec 31, 2013 11:01 am

....if you answer the door only, right?

Koz1984
Posts: 12
Joined: Fri Mar 08, 2013 8:58 pm

Re: PBT in own home

Postby Koz1984 » Tue Dec 31, 2013 11:55 am

The reason I ask is that I was watching RBT and saw two NSW officers pull over a motorcyclist in his own front yard after they saw him speeding off at 130km/h in a 60km/h zone. The senior officer stated that he couldn't give the driver a PBT as he was on his own property; however, he could charge him with DUI based on his own expert evidence that he was affected by alcohol. I guess Victorian law differs. As the previous poster indicated, what about if you just don't answer the door, even if they know you're inside? What prevails, private property laws or the Road Safety Act?

oscar
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Re: PBT in own home

Postby oscar » Tue Dec 31, 2013 12:35 pm

in the circumstances you describe in your first post, police would need a warrant to enter your house but if you were in the driveway, they could happily enter and demand a PBT

in the circumstances you describe from the show, if in VIC, police can demand a PBT

if you are in your house, you have no obligation to answer the door, but trust me, if you ran into your house and police started shouting that you are required to supply a PBT and you shut the door on them, i GUARANTEE you that their evidence would be sufficient to cover the points of proof for a fail to provide PBT

but EVERY circumstance is different

Hardy
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Re: PBT in own home

Postby Hardy » Tue Jan 07, 2014 4:20 pm

As a general proposition, if you open your door to find police there asking you to do a PBT, then you have to do the PBT. There may be all sorts of defences available to you if you refuse, but if those defences don't work then it is 2 or 4 years off the road. Most of the defences that would have been available to you on a refusal charge will be available to you if you blow - plus many more will also be available. For example, you may have ample evidence that you have not driven a car in the last 24 hours, but that is not a defence to a charge of refusing to do a PBT, despite s.53(4) RSA, if the police have reason to believe you were the driver of a vehicle in the preceding 3 hours when it was involved in a motor vehicle collision. But if you do the breath test and the police later charge you with exceed prescribed concentration of alcohol then your evidence will be an excellent defence to that charge. The best thing to do is don't answer the door - and lock it. Despite the above remarks, I think it would be quite easy to be acquitted of a refuse PBT charge if the only evidence the police have is that they yelled a demand to provide a sample at a closed door of a house which they saw someone earlier enter.

I have been in cases where the police help themselves into the house to look for a driver - carrying a PBT device and no first-aid kit in sight - ostensibly to do a welfare check just in case he is injured following the car accident. Those cases are not too hard to win.

rustyone
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Re: PBT in own home

Postby rustyone » Tue Jan 07, 2014 8:00 pm

so if i was to keep a bottle of Jim Beam next to the door, and when theres a knock "we want an RBT", open the bottle then the door what would happen then? :wink:

Chef
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Joined: Tue Nov 15, 2011 12:04 pm

Re: PBT in own home

Postby Chef » Tue Jan 07, 2014 8:13 pm

rustyone wrote:so if i was to keep a bottle of Jim Beam next to the door, and when theres a knock "we want an RBT", open the bottle then the door what would happen then? :wink:


You'd be at the door with an open bottle......

Day
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Joined: Wed Mar 19, 2008 4:51 pm

Re: PBT in own home

Postby Day » Tue Jan 07, 2014 8:30 pm

Chef wrote:
rustyone wrote:so if i was to keep a bottle of Jim Beam next to the door, and when theres a knock "we want an RBT", open the bottle then the door what would happen then? :wink:


You'd be at the door with an open bottle......


I burst out laughing. :lol:

Some things are so simple.... :mrgreen:

Hardy
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Re: PBT in own home

Postby Hardy » Tue Jan 07, 2014 9:30 pm

when theres a knock "we want an RBT", open the bottle then the door what would happen then?

You risk getting charged with attempting to bribe a police member??

Day
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Joined: Wed Mar 19, 2008 4:51 pm

Re: PBT in own home

Postby Day » Tue Jan 07, 2014 9:35 pm

Hardy wrote:
when theres a knock "we want an RBT", open the bottle then the door what would happen then?

You risk getting charged with attempting to bribe a police member??


And... We're on a role!! :mrgreen: :lol:


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