Australian Politics Forum - Breath Testing

Bias_2012

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Re: Breath Testing
Reply #60 - May 6^th, 2020 at 2:06am

John Smith wrote on May 5^th, 2020 at 6:43pm:

Bias_2012 wrote on May 5^th, 2020 at 5:39pm:

I once bought a replacement tie-rod end for my car. It came apart when I pumped some greased in it

if that's the case, it obviously didn't meet Australian standards

Like so many other things possibly

If an important car part like a tie-rod end doesn't meet A/Standards, what else doesn't meet them?

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UnSubRocky

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Re: Breath Testing
Reply #61 - May 7^th, 2020 at 1:38pm

Bias_2012 wrote on May 5^th, 2020 at 4:01pm:

UnSubRocky wrote on May 5^th, 2020 at 11:32am:

And as for the hygiene of using breathalyzers, you do see officers unwrapping the tubing to place in the breathalyser machines right in front of you. They are clean tubes

That means nothing, it only means the tubes have wrappers. A judge would throw you out of court if you tried to tell him the tubes are clean. A judge needs proof from a testing laboratory - so should you

Again, ask for a "count to ten" tester

Are you seriously suggesting that the officers would give you a tainted tube to blow into? Let me guess: You would call an ambulance for when a child drank out of a hose?

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Bias_2012

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Re: Breath Testing
Reply #62 - May 7^th, 2020 at 3:49pm

UnSubRocky wrote on May 7^th, 2020 at 1:38pm:

Bias_2012 wrote on May 5^th, 2020 at 4:01pm:

UnSubRocky wrote on May 5^th, 2020 at 11:32am:

And as for the hygiene of using breathalyzers, you do see officers unwrapping the tubing to place in the breathalyser machines right in front of you. They are clean tubes

That means nothing, it only means the tubes have wrappers. A judge would throw you out of court if you tried to tell him the tubes are clean. A judge needs proof from a testing laboratory - so should you

Again, ask for a "count to ten" tester

Are you seriously suggesting that the officers would give you a tainted tube to blow into? Let me guess: You would call an ambulance for when a child drank out of a hose?

In a legal sense, a wrapper on the tube means nothing. A motorist has a right to ask the cop for a certificate of sanitization. With or without that, refuse to put the tube in your mouth and ask for a count to ten tester

The mandatory tube in the mouth routine is disgusting and dehumanizing. It should be strictly voluntary if anyone wants to do it. Beats me why anyone would want to denigrate themselves though

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« Last Edit: May 7^th, 2020 at 4:32pm by Bias_2012 »

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greggerypeccary

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Re: Breath Testing
Reply #63 - May 7^th, 2020 at 3:56pm

Bias_2012 wrote on May 7^th, 2020 at 3:49pm:

UnSubRocky wrote on May 7^th, 2020 at 1:38pm:

Bias_2012 wrote on May 5^th, 2020 at 4:01pm:

UnSubRocky wrote on May 5^th, 2020 at 11:32am:

And as for the hygiene of using breathalyzers, you do see officers unwrapping the tubing to place in the breathalyser machines right in front of you. They are clean tubes

That means nothing, it only means the tubes have wrappers. A judge would throw you out of court if you tried to tell him the tubes are clean. A judge needs proof from a testing laboratory - so should you

Again, ask for a "count to ten" tester

Are you seriously suggesting that the officers would give you a tainted tube to blow into? Let me guess: You would call an ambulance for when a child drank out of a hose?

In a legal sense, a wrapper on the tube means nothing. A motorist has a right to ask the cop for a certificate of sanitization.

Have you got a link to that particular piece of legislation?

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UnSubRocky

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Re: Breath Testing
Reply #64 - May 8^th, 2020 at 2:28pm

Bias_2012 wrote on May 7^th, 2020 at 3:49pm:

UnSubRocky wrote on May 7^th, 2020 at 1:38pm:

Bias_2012 wrote on May 5^th, 2020 at 4:01pm:

UnSubRocky wrote on May 5^th, 2020 at 11:32am:

And as for the hygiene of using breathalyzers, you do see officers unwrapping the tubing to place in the breathalyser machines right in front of you. They are clean tubes

That means nothing, it only means the tubes have wrappers. A judge would throw you out of court if you tried to tell him the tubes are clean. A judge needs proof from a testing laboratory - so should you

Again, ask for a "count to ten" tester

Are you seriously suggesting that the officers would give you a tainted tube to blow into? Let me guess: You would call an ambulance for when a child drank out of a hose?

In a legal sense, a wrapper on the tube means nothing. A motorist has a right to ask the cop for a certificate of sanitization. With or without that, refuse to put the tube in your mouth and ask for a count to ten tester

The mandatory tube in the mouth routine is disgusting and dehumanizing. It should be strictly voluntary if anyone wants to do it. Beats me why anyone would want to denigrate themselves though

You are legally not obliged to be driving, either. If you want to use your car on the road, you should be able to prove that you are sober enough to drive. And I would be certain that police officers do not taint the tubing that you would use to blow into the breathalyser. I mean, you could theoretically pick up something from the "count to ten" tester, as well.

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greggerypeccary

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Re: Breath Testing
Reply #65 - May 8^th, 2020 at 2:32pm

greggerypeccary wrote on May 7^th, 2020 at 3:56pm:

Bias_2012 wrote on May 7^th, 2020 at 3:49pm:

UnSubRocky wrote on May 7^th, 2020 at 1:38pm:

Bias_2012 wrote on May 5^th, 2020 at 4:01pm:

UnSubRocky wrote on May 5^th, 2020 at 11:32am:

And as for the hygiene of using breathalyzers, you do see officers unwrapping the tubing to place in the breathalyser machines right in front of you. They are clean tubes

That means nothing, it only means the tubes have wrappers. A judge would throw you out of court if you tried to tell him the tubes are clean. A judge needs proof from a testing laboratory - so should you

Again, ask for a "count to ten" tester

Are you seriously suggesting that the officers would give you a tainted tube to blow into? Let me guess: You would call an ambulance for when a child drank out of a hose?

In a legal sense, a wrapper on the tube means nothing. A motorist has a right to ask the cop for a certificate of sanitization.

Have you got a link to that particular piece of legislation?

Bias?

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Bias_2012

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Re: Breath Testing
Reply #66 - May 8^th, 2020 at 11:40pm

UnSubRocky wrote on May 8^th, 2020 at 2:28pm:

Bias_2012 wrote on May 7^th, 2020 at 3:49pm:

UnSubRocky wrote on May 7^th, 2020 at 1:38pm:

Bias_2012 wrote on May 5^th, 2020 at 4:01pm:

UnSubRocky wrote on May 5^th, 2020 at 11:32am:

And as for the hygiene of using breathalyzers, you do see officers unwrapping the tubing to place in the breathalyser machines right in front of you. They are clean tubes

That means nothing, it only means the tubes have wrappers. A judge would throw you out of court if you tried to tell him the tubes are clean. A judge needs proof from a testing laboratory - so should you

Again, ask for a "count to ten" tester

Are you seriously suggesting that the officers would give you a tainted tube to blow into? Let me guess: You would call an ambulance for when a child drank out of a hose?

In a legal sense, a wrapper on the tube means nothing. A motorist has a right to ask the cop for a certificate of sanitization. With or without that, refuse to put the tube in your mouth and ask for a count to ten tester

The mandatory tube in the mouth routine is disgusting and dehumanizing. It should be strictly voluntary if anyone wants to do it. Beats me why anyone would want to denigrate themselves though

You are legally not obliged to be driving, either. If you want to use your car on the road, you should be able to prove that you are sober enough to drive. And I would be certain that police officers do not taint the tubing that you would use to blow into the breathalyser. I mean, you could theoretically pick up something from the "count to ten" tester, as well.

It's random testing, the majority are sober, a minority are affected by alcohol and/or drugs. That minority should be dealt with much harsher than at present and revenue raising should be taken out of the equation, then we might get somewhere with the drink-driving issue

A count to ten tester doesn't breath on you, you breath on the tester, you're not kissing it or handling it

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UnSubRocky

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Re: Breath Testing
Reply #67 - May 9^th, 2020 at 2:15pm

Bias_2012 wrote on May 8^th, 2020 at 11:40pm:

It's random testing, the majority are sober, a minority are affected by alcohol and/or drugs. That minority should be dealt with much harsher than at present and revenue raising should be taken out of the equation, then we might get somewhere with the drink-driving issue

A count to ten tester doesn't breath on you, you breath on the tester, you're not kissing it or handling it

Oh, so you are breathing on a tester. But, you are also breathing on a breathalyser, too. In both cases, you have to be close to both to give a sample of your breath. You are as at risk of catching something from a breathalyser as you are with a tester. All those "coodies" could jump off the "count to ten" tester as there could with breathalysers. The mouthpiece for breathalysers are sterile.

If you cannot handle coodies from breathalysers, you should perhaps not touch your car door, or your seat belts or your steering wheel. All those germs out there invading those surfaces.

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Bias_2012

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Re: Breath Testing
Reply #68 - Jul 29^th, 2020 at 8:40pm

Well I'll be! Nearly all breath testing has stopped

https://www.news.com.au/technology/innovation/motoring/on-the-road/coronavirus-p...

Stone the crows, the cops are scared of a little ol' virus

The cops have admitted that breath testing hundreds of motorists in a day can risk spreading the virus. So, how many other viruses or diseases are spread by breath testing that we don't read about in the papers or hear about on TV?

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Jasin

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Re: Breath Testing
Reply #69 - Jul 30^th, 2020 at 9:52pm

Bias_2012 wrote on Apr 26^th, 2020 at 6:52pm:

The cops need to use only the "count to ten" machine from now on. We should exercise our right to never have to place foreign objects from strangers in our mouths. It's always been a disgusting practice enforced by the cops, with no regard for innocent motorists' dignity. A non-invasive drug test should be devised as well

Innocent motorists not only go through the indignity of being thought of as guilty, but then have go through the disgusting "tube" in their mouth routine

Let's exercise our right of not having to be personally interfered with, and refuse the cops' request to "Blow in this", instead, ask for a "count to ten" testing machine

Shouldn't the Medical Industry be doing the 'Drug Tests' - not the Political/Legal Industry?

Oh that's right. Western Medicine is a 'Woman's Industry'... hence why Corona will win.

Oceania: Where Medicine is a Man's job and Politics is a Woman's Cheesy

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AIMLESS EXTENTION OF KNOWLEDGE HOWEVER, WHICH IS WHAT I THINK YOU REALLY MEAN BY THE TERM 'CURIOSITY', IS MERELY INEFFICIENCY. I AM DESIGNED TO AVOID INEFFICIENCY.

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Bias_2012 Gold Member Offline Australian Politics Posts: 10766 Gender:	Re: Breath Testing Reply #70 - Aug 30^th, 2020 at 10:30am With this Coronavirus, it's illegal for the cops to stop you in your car for a breath test on the pretense of wanting to know why you're out driving around The cops can't use breath testing as a reason to then start interrogating you about compliance with the virus directives
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The_Barnacle

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Re: Breath Testing
Reply #71 - Aug 30^th, 2020 at 11:54am

Bias_2012 wrote on Aug 30^th, 2020 at 10:30am:

With this Coronavirus, it's illegal for the cops to stop you in your car for a breath test on the pretense of wanting to know why you're out driving around

The cops can't use breath testing as a reason to then start interrogate you about compliance with the virus directives

link? Or did you just make that up as well?
You are starting to sound like karen Grin

The police can stop you for any reason at all. They can stop you to ask you if you are enjoying the weather.

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Bias_2012

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Re: Breath Testing
Reply #72 - Aug 30^th, 2020 at 1:53pm

The_Barnacle wrote on Aug 30^th, 2020 at 11:54am:

Bias_2012 wrote on Aug 30^th, 2020 at 10:30am:

With this Coronavirus, it's illegal for the cops to stop you in your car for a breath test on the pretense of wanting to know why you're out driving around

The cops can't use breath testing as a reason to then start interrogate you about compliance with the virus directives

link? Or did you just make that up as well?
You are starting to sound like karen Grin

The police can stop you for any reason at all. They can stop you to ask you if you are enjoying the weather.

If I can find a link, why can't you?

"As a result of the coronavirus lockdown, a significant concern has been that police are illegally stopping vehicles to interrogate the occupants about their movements under the disguise of a Random Breath Test (RBT).

Although the police suggest that these stops are for the purpose of conducting a random breath test, the clear intention in some cases has been to question the occupants of the vehicle about why they have left their homes.

This has raised the question, is it illegal for the police to use random breath test powers in this way?

The short answer is Yes, absolutely. It is an improper and illegal use of police random breath test powers
."

https://www.acfl.com.au/nsw-police-using-illegal-random-breath-tests-lockdown-in...

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The_Barnacle

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Re: Breath Testing
Reply #73 - Aug 31^st, 2020 at 7:03am

Quote:

A large portion of these fines were issued to drivers who were stopped by police for a “random breath test”, where during the conduct of the breath test, the person was questioned by the police.

This does not mean that each of these occasions amounted to an illegal stop and interrogation, If a police officer genuinely stops a vehicle for the purpose of conducting a random breath test and during the process, the occupants volunteer information about their movements, that would not amount to an illegal stop or interrogation.

There is nothing in the law that says it is illegal for a police officer to ask questions that are additional to a separate genuine purpose. Although equally, a person is not legally required to answer these questions.

Good luck with trying to prove it's an "illegal random breath test"
I also suspect it is different in each state

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The_Barnacle

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Re: Breath Testing
Reply #74 - Aug 31^st, 2020 at 7:24am

Quote:

There was once a time when, in order to be stopped by police, there needed to be a reason - or, to use legal parlance, you’d need to have given them probable cause (be it speeding, driving erratically or doing something illegal) - for a police officer to stop you. So, if you were to scream past a police car with a radar gun, cross double white lines or were spotted not wearing a seatbelt, using a phone or looking generally suspicious, you could be stopped.

But since the introduction of the random breath test, a police officer can pull you over anytime they’d like to administer the breath alcohol exam, and that means you no longer need to have done anything wrong before being stopped.
https://www.carsguide.com.au/car-advice/what-are-my-rights-when-pulled-over-by-p...

So in Victoria you can be pulled over for any reason and even in NSW you still have to stop even if you don't believe you have done anything wrong

Quote:

If you don’t pull over when asked, however, things take a far more serious turn. In NSW, for example, a new law known as Skye’s Law (named for a toddler killed by a car evading a police stop) includes stiff penalties, including up to three years in prison for the first offence
https://www.carsguide.com.au/car-advice/what-are-my-rights-when-pulled-over-by-p...

So in reality you can be pulled over for no reason. It is then up to you to go to court and try and prove you were "illegally stopped"
Good luck with that Karen

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