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davidg
Shiny
Joined: Dec 27, 2007
Posts: 20
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 Posted: Sat 27th Sep 2:25pm Post subject: Police Hand-held Radar Trap - What Are My Rights? |
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As I pulled out of the Petone Wharf carpark and accelerated to prevent the next car coming along the road behind me having to slow down, I noticed a police man with radar gun pointed at me who radioed ahead and I was pulled over by another policeman.
After the initial pleasantries, he informed me I was clocked at 65km/h, then got my license details and address off me, wrote them in his notebook then muttered something about "you'll be getting something in the post from us in a week or two".
As I did not think I had been going that fast I then asked if he was talking about a warning or a speeding ticket, to which he replied "a speeding ticket".
I then asked to see the readout from the radar, but he made some comment along the lines that it would have been used too many times since then (about 1 -2 minutes). I then asked him if he was saying I don't have a right to see the reading, to which he muttered something like "if you've got an issue, take it up in writing" and wandered off to his next "customer".
A few years ago I was ticketed by a policeman with a car-mounted radar and he was much more professional, showing me the reading, explaining the fine I was going to get, payment options etc.
This guy seemed more interested in just getting sufficient details to send me a ticket and totally disinterested in my request to see the reading.
Does anyone know if I have a legal right to see the radar reading as the policeman would not answer my question.
If so, is it worth my time writing in to complain or will it be the usual "police vs citizen so police must be right" situation?
Any advice appreciated.
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DropKick
Mangled
Joined: Mar 14, 2003
Posts: 8,911
Location: Christchurch
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| Posted: Sat 27th Sep 2:28pm Post subject: |
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If I get pulled up I'm sure to ask "is this because I'm latino?"
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MattV
Chill'n down with the fire gang
Joined: May 29, 2005
Posts: 9,618
Location: New Plymouth
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| Posted: Sat 27th Sep 2:28pm Post subject: |
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I thought they HAVE to show it to you if you ask. Usually they are more then happy to from my experience
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herbman
Flogged
Joined: May 30, 2003
Posts: 3,730
Location: the alexs, the land that time forgot
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| Posted: Sat 27th Sep 2:36pm Post subject: |
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| MattV wrote: | | I thought they HAVE to show it to you if you ask. Usually they are more then happy to from my experience |
i don't think that they do, and these type of speed traps have been around for a few years now ad i have never heard of anyone getting off from a ticket from one.
now to get on my high horse
they got you for speeding, man up and pay the ticket.
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beeftech
Dusty
Joined: Sep 20, 2008
Posts: 32
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| Posted: Sat 27th Sep 2:43pm Post subject: |
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for future pull-overs ...ask to see the certificate of calibration...serious...puts the tihss up most fuzz...they are supposed to carry this certification, and are obliged to show you, if you ask.
if its more than 6 months since it was calibrated, its worth questioning how accurate the reading is....If its over 12 months out of date...take it to small claims court..
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davidg
Shiny
Joined: Dec 27, 2007
Posts: 20
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| Posted: Sat 27th Sep 3:06pm Post subject: |
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Herbman - I was focusing on the legal facts, not trying to say "this is the first time I have ever gone this fast and just my luck to get a ticket on this day blah blah blah " to avoid any "get over it" comments.
However if I am going to contribute the the govt coffers for breaking the "rules", I would expect the same people who wish me to do so, to treat me in accordance with the "rules" but I must admit I'm not sure of what the rules are, hence my post.
In my place of work I interact with "customers" and I give them the courtesy of explaining what I am telling them, not just "it's this way because I say so and if you've got a problem with that write a letter to somebody who cares" and then walking away.
I know it's a stressful job and all that but basic politeness and professionalism should not be too much to expect.
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thorg
tired
Joined: May 20, 2004
Posts: 13,194
Location: moving on. . . . and up
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| Posted: Sat 27th Sep 3:23pm Post subject: |
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want to know your legal rights - consult a lawyer.
want to have a whinge - post on vorb.
As useful as vorb can be at getting non bike related information - it is a site about bikes. Posting up a post such as you did would always have involved the HTFU response from posters.
you got caught speeding, and you are looking to get out of it on some form of legal technicality - HTFU and stop pretending it has anything to do with how polite the copper was 
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hickie
Back to the Jungle...
Joined: Nov 09, 2005
Posts: 1,992
Location: Down the Hutt
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| Posted: Sat 27th Sep 3:26pm Post subject: |
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The police were there because it's one of those spots that they know will fill their quota quickly. Thank you, and come again next month 
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happybaboon
...SHAFT! You're damn right...
Joined: Feb 06, 2002
Posts: 28,323
Location: doing skiddds
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| Posted: Sat 27th Sep 3:28pm Post subject: |
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You should be thankful that the officer didn't penetrate you with his nightstick.
Cos they have the right to do that now.
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Percy Pig
Mangled
Joined: May 03, 2002
Posts: 22,710
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| Posted: Sat 27th Sep 4:23pm Post subject: |
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| happybaboon wrote: | You should be thankful that the officer didn't penetrate you with his nightstick.
Cos they have the right to do that now. |
No they dont!
Its against the nightsticks rights for it to be used as a penetrative weapon!
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davidg
Shiny
Joined: Dec 27, 2007
Posts: 20
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| Posted: Sat 27th Sep 4:37pm Post subject: |
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| hickie wrote: | | The police were there because it's one of those spots that they know will fill their quota quickly. Thank you, and come again next month |
Yep - many has been the time I have driven/biked past the same spot, laughing at the "dumb-asses" getting pulled over on this "really dangerous" bit of road and making "ching-ching" cash register noises. Now I am one of them !
Interestingly from memory there was a push a year or two back to get the limit increased to 60km/h which I think had the support of council/police/ltsa etc as 50km seemed ridiculously low but 70km was not ideal due to the pedestrian and cyclist activity.
Unfortunately nothing seemed to come of it, and the police are of course just "doing their job" to make the road a safer place for all of us. The fact that it is a cash-cow for them and allows them to meet their quotas (whoops, I meant "targeted number of one-on-one customer contacts") is purely coincidental.
It's only an $80 fine which I have earned in overtime by being at work for an hour today so not the end of the world anyway.
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evilknieval69
Yet another slacker erohw....
Joined: Dec 23, 2007
Posts: 260
Location: Te Puke
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| Posted: Sat 27th Sep 4:44pm Post subject: |
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The police do not have to show you any proof of your speed at the time. you can take it up in writing, and then it becomes his/her word against yours, and generally they will win depending on how far you decide to take it
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one_uknw
Worn
Joined: Feb 14, 2007
Posts: 537
Location: Wellington
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| Posted: Sat 27th Sep 6:14pm Post subject: |
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Write up a formal complaint.State the facts clearly and back them up if poss. But don't get your hopes up. Your word against theirs situations have a tendency of falling in their favour
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happybaboon
...SHAFT! You're damn right...
Joined: Feb 06, 2002
Posts: 28,323
Location: doing skiddds
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| Posted: Sat 27th Sep 6:41pm Post subject: |
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| Percy Pig wrote: | | happybaboon wrote: | You should be thankful that the officer didn't penetrate you with his nightstick.
Cos they have the right to do that now. |
No they dont!
Its against the nightsticks rights for it to be used as a penetrative weapon! |
Yes, to be used as a weapon. But technically when they're being used to penetrate a speeder they're being used as a "compliance device".
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Fraser
Flogged
Joined: Jan 03, 2002
Posts: 2,296
Location: Kauniainen, Finland
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| Posted: Sat 27th Sep 7:15pm Post subject: |
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If you weren't go to every specific detail. If you were speeding which it sounds like you were. You could always write them a letter leading with the line 'Don't you people know this is bat county'
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