Wednesday, February 25, 2015

Truck driver films argument with highway patrol officer who fined him after ‘estimating’ his speed was over the limit

Man disputes Policeman for estimating his speed.

Man disputes Policeman for estimating his speed

A TRUCK driver has found out the hard way that you don’t need to be caught by a radar to be booked for speeding in New South Wales. 

Chris Smith was driving a B-Double on the Newell Highway on Saturday when was pulled over by a Highway Patrol officer as part of Operation Drink Drive at about 5.10pm.

Mr Smith began filming his interaction with the officer who told the driver he hadn’t been caught on the patrol car’s radar but had been estimated by the officer to be speeding.

The video, which was posted to the man’s Facebook page, has been viewed more than 1.2 million times since being uploaded less than half an hour after being handed the fine.

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“So I’m getting booked for not speeding. Is that what you’re trying to tell me?” Mr Smith asks the officer.
“You’re a senior constable...for guessing speed?”

“Expert. I’m an expert in the courts at estimating speed, yes,” the officer tells him.

“Well obviously I think you need a new job,” the truck driver fires back.

When Mr Smith asks the officer if he can see the radar proof that he was speeding, the senior constable says he wasn’t using the radar and had estimated his speed on the highway.

“You need to understand everything is based on my estimations,” he says.

“All the radar does is back up my estimation, that’s all it does.”

Mr Smith wrote on his Facebook page he was checking his speed using his onboard GPS and it hadn’t indicated he was over the limit.

“To set the record straight, I just finished checking the speed on the truck via Tom Tom web fleet and not once did the truck go over the said speed limit,” he wrote.

The policeman laughs when Mr Smith questions whether the officer’s sunglasses put him off and later when he points out the car has a defective front tyre.

The officer said he had estimated the speed of Mr Smith. Picture: Facebook
The officer said he had estimated the speed of Mr Smith. Picture: Facebook
 
Mr Smith was fined $254 and lost three demerit points. Picture: Facebook
Mr Smith was fined $254 and lost three demerit points. Picture: Facebook
 
Mr Smith continues questioning the highway patrolman who tells him to take the matter to court if he has an issue with the fine or the method it was delivered.

“I will take it to court because I can’t get booked for not speeding,” Mr Smith says.

“You don’t worry mate because I can’t get booked for you guessing a speed.”

But it appears Mr Smith might be wrong.

A NSW Police spokesperson said Highway Patrol officers often use estimation when issuing fines and said the process is part of their training.

“All highway patrol operatives are considered subject matter experts in the eyes of the court in terms of estimating speed,” they said.

NSW Police said Highway Patrol officers are trained to estimate speed and said it was com
NSW Police said Highway Patrol officers are trained to estimate speed and said it was common practice. Picture: Facebook
 
“This is included as a part of the training received by potential highway patrol officers.

“Any LIDAR or radar check that is done has to be reinforced with a valid speed estimation.”

The infringement Mr Smith was issued carries a fine of $254 and three demerit points.

couriermail.com.au 23 Feb 2015


Another instance of corrupt police issuing unlawful fines, and also media misinformation.

At law, when challenged, in a court of competent  jurisdiction, the police in this case have no chance of successful prosecution whatsoever.

The proviso there is that the matter MUST be taken to task.

They (the police) literally do as they please, as they have the guns.

A truly corrupt police operating in Australia.

NOTHING to do with road safety but rather revenue raising, where the officer's promotion is based on how many tickets are written.

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