Police Officer Allegedly Commits Moves Trap Location To Secure Minor Speeding Conviction

By Gauk in Mobile Speed Traps February 1, 2017

This article details an incident that is now several years old. I have not only continued to fight it but it has been the catalyst for Drivers Revenge.

I’ve been called ‘loopy’ for pursuing this and most reckon I should just pay it and get on with it.

BUT … I’m not ‘most people’. I detest lies and deceit.

An officer (who should be named but I won’t) was picked up by my radar detector some many hundreds of meters ahead and although not visible, it alerted me to check speed (all good) as well as showing that the patrol was generating constant radar detection.

Officers view – how could he possibly estimate speed and establish a tracking history?

It was not until I was almost directly upon the patrol that it became visible. He was sat in his vehicle with his back to oncoming traffic on a dark night and not only hidden by a bridge support but further concealed deep in native bush.

Pictured right would have been his view of my car and as prescribed in The Speed Detection Operations Manual the officer is supposed to record a tracking history from this.

I was not happy when after passing I watched as he pulled out and raced up behind me, lights flashing. The highway went from two lane to a single lane and for over four kilometers the officer attempted to pull me over in a position that would not only block half the highway but would put my family and I in extreme danger.

I sucked it up – did the right thing and recorded the incident on my phone. i would defend this in court on the basis that it would be impossible to take a reliable reading under those circumstances.

This is what happened next…

Here is the initial letter to Wellington and what formed the basis of my court hearing.

On the xxxx my family and I were travelling on the Highway when we spotted a patrol car parked in the first pull-in approx 41mt past the ***** overpass. The patrol car was parked off the highway and as not to present a hazard it was tucked in behind bushes.
As we passed the patrol car I noticed it pull out into the inside lane of the dual carriageway and give chase under lights.
The officer proceeded to follow closely for over 4km attempting to pull my family and I over in the now single lane of the carriageway. A highly dangerous manoeuvre.
I eventually found a safe place to pull over at **** roundabout.
The officer stated I was speeding and he immediately returned to his patrol car for some time.
He returned and made the allegation I was travelling at 119kph.
On questioning the officer gave his reason for setting a trap in the covert position ‘as trying to catch speeders of over 200kph’.
It is fully agreed by all parties and the scientific community that Radar cannot a) make a reading through inanimate objects such as bridge supports and b) cannot obtain a reliable reading through moving objects such as bushes.
As the officer was parked in such a position the reading was unreliable, therefore the allegation was unsafe and could not be enforced.

I made my representations to Wellington police who chose to take this to court. I had made my defence based on the issues surrounding the unreliable reading.

In the officer’s evidence compiled many months later from memory (no notes were produced) he had positioned his trap some five hundred meters along the highway in a highly visible position. I presumed that the change of location by the officer was simply lapse of memory and would be resolved. It was not.

I had prepared my case to question the reliability of the reading in the position it was taken. By moving that position it rendered my defence useless.

I produced the recording:
I produced a witness statement
I did a good job (I thought) of questioning the officer
I produced a detail of the speed trap location showing how it would be difficult to get a reliable reading

Despite all this, the magistrates upheld the officer’s’ version.

Appeal Court

I took the case to the appeal court but apparently, that’s not the place to deal with this.

Arnold-Kelly

I took the case to the most senior officer I could find but he wasn’t in the least bit interested in investigating my most serious allegations.

National Commander

I took the case to the national commander and although they confirmed receipt after many months I have yet to receive a reply.

Independent Police Complaints Authority

I took the case to IPCA which is detailed as a separate post. Suffice to say it was not worth the time!

Drivers Revenge

And here we are!