Are you sure, where it is the Police job to judge?
To assess whether a law has been broken, to investigate and bring the alleged defendant before the courts (where the judgement is made), along with the facts both for and against the defendant (they only present one side don't they or what is the point), totally impartial and impersonal. That is the end of their role.
When Police officers are sworn in they gain rights over the average citizen and lose some also.
unashamedly stolen from another thread http://www.fastandsafe.co.nz/Pages/M...ce18Feb05.shtm
Police need evidence for speed tickets
18 February 2005
By ANNA CLARIDGE
Motorists who are pinged for speeding by police radar might have a complete defence if the officer taking the reading cannot produce it in court.
The issue has been highlighted after Christchurch man Peter Fiddler was given a ticket for allegedly driving at 113kmh while heading south of Christchurch on December 22 last year.
He disputed his speed at the scene and when he asked the officer to produce evidence from his radar-gun, the "clocked speed" had been wiped.
Fiddler complained to the Police Infringement Bureau, saying there was no evidence he was travelling beyond the speed limit, but the police refused to waive his ticket saying: "There is no legal requirement for you to be shown a readout or even for the readout to be locked".
Fiddler said this week: "I didn't think it was fair and I tried to discuss it with the officer but he didn't want to know. I tried to challenge it ... (but) I weighed up the costs and I just couldn't afford a day off work to go to court and defend it."
Exasperated, Fiddler paid the fine but contacted The Press, concerned at what he claims are unfair police rules.
"They could just make up a speed and write the ticket. It's ridiculous," he said.
Recent decisions show the courts are backing motorists such as Fiddler, waiving fines for those who challenge police unable to provide evidence of speeding.
Christchurch man Bryan McHerron took the matter to court in September last year after police were unable to produce radar evidence at the scene of his ticket.
An officer allegedly clocked McHerron travelling 121kmh in a passing lane near Amberley, but lost the radar record seconds after the incident and was unable to show McHerron any evidence as he wrote out the ticket.
McHerron went to court, admitting he was probably travelling at more than 100kmh, but denied it was 121kmh.
The Rangiora District Court ruled in McHerron's favour, with two Justices of the Peace saying: "This issue for us is whether there has been a burden of proof beyond reasonable doubt regarding the excessive speed ... to cast light or doubt on the actual speed under consideration and in the interests of justice we think it is not unreasonable for the driver to see the actual locked-in radar speed.
"In this instance it was not available and does create an element of doubt to the actual speed for the defendant."
The decision was based on a similar High Court ruling in 1996 when a motorcyclist on the West Coast successfully defended an alleged radar reading of 126kmh after the officer could not produce evidence of the speed quoted on the ticket.
McHerron now claims his ticket was the result of a Government-pushed, revenue-grab which is forcing police to become "quite unethical".
"It borders on harassment what they do. It's a recipe for fraud because at the end of the day, the average person just accepts what the police have said. Motorists have got some rights and I believe the police are taking those rights away."
Canterbury Road Policing manager Derek Erasmus reiterated the police stance, saying an officer did not have to lock a speed in.
"Best practice indicates that we do it because it removes those arguments further down the track but sometimes ... it's not physically possible to lock it in."
An officer may have to act quickly if a driver was coming around a corner and would not have time to lock the speed in, Erasmus said.
"If a person doesn't like it, you can dispute it through the court process. It's no different from the vast majority of police cases disputed in court.
"It comes through to an issue of credibility. At the end of the day (motorists) have the recourse of taking it to court and the evidence is weighed in an independent forum."
A senior police official said complaints over lack of evidence "presupposed police were liars".
"These are sworn officers who gain no benefit from making things up."
A police spokeswoman said police stood by their legal stance and any appeal against a ticket was a decision for the court, not police.
I was going to say that...
Was going to say that too. Never agreed with someone so much on here... but it saves typing.
Show me someone who loves their job so much, they want to live and breathe it 24/7/365. We like to be normal people, title and job ignored. Many cops hate not really getting that chance...
Originally Posted by Jane Omorogbe from UK MSN on the KTM990SM
Thank you to those that supported my comments.
I take the view that as a member of KB I was passing comment on another members driving, just the same as so many other KB members pass judgement on many subjects.
I wonder if there are any road workers on the forum and how they feel about the issue of drivers/riders speeding through road work zones.
Given the last page of outbursts, I suspect I know who the roadworks speeder is.
Bullshot, it is not a KB member that got pinged, it was his mate.
What use is making comments on a matter that his already been dealt with, just stirring anothers road kill.
You don't give up do you? Next you'll be saying no-one should pass judgement on someone elses actions?! Without a balanced view, ie, both sides, you would say, gee, the poor guy was hard done by. Red mermaid raised some extremely valid points that doesn't make him look hard done by at all.
Coldrider, the entire Newmarket viaduct has been a construction zone for months. Its somewhat personal for me. I risk my life going through there at 80 indicated in the left lane, almost always the slowest or slowest equal, while cars race past in the adjacent lane. I wish people got pinged even more.
I'm a such a loooooong way from Auckland I wouldn't know, though I did see something on TV about a girder or something being shifted very slowly.
The guts of the matter is I am not sticking up for milokings mate, but i do not agree with cop kbers using the site to take second popshots on matters they know nothing about.
Is this story even true and/or accurate.
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