The answer is, NO.
No one is above the law – even police officers who enforce the law.
Just after midnight on Sunday 26 February 2023, two officers from the Traffic and Highway Patrol Command identified two motorcycle riders travelling on the M5 through Liverpool in NSW. The two motorcyclists were eventually pulled over at the intersection of the Hume Highway and Hoxton Park Road after the police helicopters and a police officer on a motorbike followed their route.
The two motorcyclists turned our to be police officers, and they were charged with driving in a dangerous manner and was issued a Court Attendance Notice to appear in Liverpool Local Court on 12 April 2023.
According to section 117(2) of the Road Transport Act 2012 No 18 (NSW)
A person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public.
The maximum penalty:
A fine or imprisonment for 9 months or both (in the case of a first offence) or 12 months (in the case of a second or subsequent offence).
In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following:
(a) the nature, condition and use of the road on which the offence is alleged to have been committed,
(b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road
Police have protocols they must adhere to in order to prevent further risk or harm to the general public while enforcing the law on someone they suspect has broken the law. Likewise, protocols do not allow the police to break the law to be able to enforce the law. Police have now placed the serving special constable employment under review until investigations are complete.
Our team specialise in traffic law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
