Being pulled over in own yard?

A couple of months ago my boyfriend pulled into his yard and turned his car off and proceeded to start to walk to his front door. A police car pulled up on the walkway and told him he was being pulled over for a random breath test. He was not breath tested but was given two infringement notices for no p plates and driving a manual car under automatic licence conditions. Can anyone please shed any light on his rights on his own property as i believe he is not able to be pulled over in his own yard. As does a police officer that we have since asked. Note: He has a witness to say that he did have p plates on but they were magnetic and came off while driving. Note: He wasn't under pursuit. There were no RBT units around and he wasn't running from them.

.	Oh so you think getting off of public streets gives you immunnity as if you crossed the Mexican border with the sheriff on your tale?

Cai	i think that cop broke the law cuz yur not allowed to persue random people in there gardens for breath tests and he had every right to say "get off my property"

Dagny K	You can be pulled over anywhere. Where is this place with the crazy requirements? I have never heard of P plates or have a license that designated what kind of car you can drive.

Alfred	No state that I know of issues magnetic plates.

GOZ2FAST	The only recourse your boyfriend has is to go before a judge...who will decide whether the police officer had the right to cite him in the driveway or not.

silvercharm516	Ask yourself this... If the police are chasing someone and they pull into their driveway or yard, are the police still allowed to come get them? Of course they are. The fact that he made it onto private property is irrelevant. The police could pursue him right into his living room if necessary. You stated that he wasn't being pursued. That may be true from your point of view. But if the officer was running the plates and getting background information prior to making the traffic stop, your boyfriend was being "pursued", even if the officer's lights and siren weren't activated yet. It just so happened that your boyfriend pulled off the road before the officer was completely ready to execute the traffic stop. That timing does not exempt the driver from the infractions that they are being cited for. I'm sorry, but NO police officer would tell you that he can't be pulled over because he made it on to private property. Either you gave them wrong information or gave us wrong information.

frosty62	Your funny Yes the law applies to him as well.

Amy	If the police officer witnessed him driving on the road then he can be pulled over in his own yard.

Dave F	I'd suggest if a police officer gave you information that there is something wrong or illegal about what the police did in your story, then that officer could do with some further training. Like your first two answers have already stated... just because your boyfriend has arrived home and is walking to the front door of his house, doesn't mean he is "safe" from being stopped, questioned, breath tested or issued with infringement notices in relation to driving or traffic offences. I once got fined (12 years ago now) for "fail to display P plates", I remember giving the officer the same excuse then too "they must've fallen off"... it doesn't work, in fact - there is no excuse that works. Your boyfriend can challenge it in court if he likes, but it's just better to get proper P plates and attach them properly (even if you tightly tie them to the side of the number plate). Note also that he doesn't have to be in pursuit or running from a RBT for police to stop him either - if you drive, have recently driven or intend to drive a vehicle on a public road, the police can stop you for any reason.

jamesbergen50	The Trick here is a few seconds. The police have broad power under hot pursuit laws. I think that would cover this.

tree	boy lifes sure not fair is it..

Lance	He was operating a vehicle on a public road prior to this so he can be stopped no matter where he decided to park his vehicle. While the officers reasons for the stop and the citations issued seem a bit weak to me, entering private property either in a vehicle or on foot does not grant immunity from the original reason for or the validity of a stop.

Slakker	If he was driving his car on the road and he entered his driveway, then he can be pulled over. Your house is not an automatic sanctuary that if you break the law and then get home, you're "free". If he was drunk and was on his yard, never drove onto the road, then that's different.