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View Full Version : For Lou, something to warm your heart.



spudchucka
26th March 2006, 12:37
Enjoy.

http://www.stuff.co.nz/stuff/manawatustandard/0,2106,3614721a6003,00.html


The "little guy" won in Feilding District Court yesterday.

Paul Blencoe, a Feilding moving consultant, refused to pay an $80 speeding ticket issued on October 7, 2005 by Palmerston North Police Inspector Dave Scott, on the grounds he wasn't speeding.

An infringement notice sent a few days later said Mr Blencoe had been clocked at 113km on Campbell Road, between Feilding and Bunnythorpe.

Mr Blencoe, who represented himself in court yesterday, argued he didn't exceed 100km, even when overtaking four cars along the stretch of Campbell Road.

Insp Scott, who was driving on Waughs Road, which runs parallel to Campbell Road with the railway line between, said he paced Mr Blencoe for 650 metres before flashing his lights for him to stop at the Bunnythorpe petrol station.

Mr Blencoe argued the infringement notice details - date of birth, colour of car, date the fine was issued, and the clothing he was wearing - were incorrect.

He also argued the certified speedometer in Insp Scott's car had a significant margin of error (at least 2km) - enough to put him over the speed limit - if he was within the legal range of 100 to 109km.

Obstruction between the parallel roads, with a railway embankment and willow trees, would have made it difficult for Insp Scott to successfully pace him, Mr Blencoe said.

Insp Scott said his view was unimpeded.

Insp Scott also failed to formally introduce himself as a police officer, Mr Blencoe said.

Justices Morris Jackson and Norman Pearce dismissed the charge of failure to pay a fine and said Mr Blencoe deserved the "benefit of the doubt".

SPman
26th March 2006, 12:54
I suppose he even denied he was Paul Blencoe.

If you are going for small margins and are following, it easy to get it wrong, but,what "legal range of 100-109"! - I thought the limit was 100!

Madness
26th March 2006, 12:56
Obviously Inspectors have a quota to reach also then I take it???

What a fucking waste of time and money!!!!!

spudchucka
26th March 2006, 13:17
but,what "legal range of 100-109"! - I thought the limit was 100!
Exactly. I wonder how he would feel about receiving a ticket for 109, if that is what he's admitted to in court?

What?
27th March 2006, 07:37
What a fucking waste of time and money!!!!!
But then, if everyone was to exercise their right to defend a speeding charge in court, the court system would collapse within a week, and the govt would be forced to re-think their "road safety" strategy. Or they could remove the right to defense, but that would also remove them from power quite quickly.


Exactly. I wonder how he would feel about receiving a ticket for 109, if that is what he's admitted to in court?
Now, that would be funny.

spudchucka
27th March 2006, 09:40
But then, if everyone was to exercise their right to defend a speeding charge in court, the court system would collapse within a week, and the govt would be forced to re-think their "road safety" strategy. Or they could remove the right to defense, but that would also remove them from power quite quickly.
It wouldn't have any effect on the court system at all. Defended speeding tickets are heard before JP traffic court, not a district court judge. All that would happen is that you would end up waiting forever to have your case heard because of the back log. The district court would continue on without any adverse effect on its loading.

Lou Girardin
27th March 2006, 11:36
Thank you Spud. It shows what's possible with determination.
The JP's do hear traffic matters, but if people then appealed guilty verdicts THAT would cause a headache or three.

spudchucka
27th March 2006, 12:01
Thank you Spud. It shows what's possible with determination.
The JP's do hear traffic matters, but if people then appealed guilty verdicts THAT would cause a headache or three.
And more than a few purses to empty. I think I'd be off to lawyer school if that ever happened. $$$$$$$:woohoo:

C_A
27th March 2006, 12:30
awesome. local etc. haha, i drive that road twice a day

What?
28th March 2006, 06:12
It wouldn't have any effect on the court system at all. Defended speeding tickets are heard before JP traffic court, not a district court judge. All that would happen is that you would end up waiting forever to have your case heard because of the back log. The district court would continue on without any adverse effect on its loading.
True, the district courts would not feel it, but the JP's sure would (but who does the admin? It used to be the DC's). And as you noted, it would take forever to have your case heard. Considering the number of defenses now, and how long it takes to be heard, I would guess that if everyone chose to defend, it would not be long before there was no chance of being heard before the expiration of your natural life. Much like getting "non-essential" surgery in a public hospital.