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Originally Posted by EDManual
Doesn't surprise me.
And you cant beat cops in court when the Govt puts their full weight behind not setting any precedents.
Have tried and gave up.
Had a cop radar me when not speeding in a rain storm. Bucketing down. We even talked about it at the time, me and the cop (rain that was). Took it to court as these particular radars are not allowed to be used in the rain, (had the cop admit it in court) even had rain radar images, rainfall data from 2 spots signed from BOM from that very time in the very place it so happened (within a few km), and still couldnt get off. Judge said can you say at that very point in time at that exact point it was raining? I had the cop almost completely red faced, was great, but he kept lying, Cop said it wasnt raining... so. I have no respect for law.
Funnily the cop before the case tried to ask me what my defense saying he could drop the charge if it was something like this. I didnt want to tell him :-)
If I took it further I would have gotten it dropped as I probably could have before. I hid my defence to try my luck and show the cop for what he was. Had good nods from people in the room, even the police prosecuter wanted to give me tips on the next case! Saying its a joke. I didnt take it further.
Found out from a lawyer freind what I had to say. Cant remember now but there is some fancy legal way to say that it "must have been" raining given my evidence. I didnt put it forward properly it seems.
Judge protected the legislation.
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It would have been an interesting line of inquiry to question the officer involved as to how many infringement notices he issued on the day , and whether he would feel comfortable about you contacting the other drivers as to the weather conditions at the time.
cheers
Steve