Friday, Nov 27, 2009 at 12:20
Robin
The cop was sacked for engaging in unprofessional, unethical and illegal practices!
Read the news items, the deputy commissioner stated that police have discretion in issuing fines for speeding
I would suggest that the Standing Orders would have fairly explicit guidelines as to how far this should be taken
The cop was not sacked for changing the speed, but for changing the speed limit for the location the driver was booked; i.e. booked at 90 kph in a 60 zone, he would change the speed limit to 70 kph to minimise the penalty.
I can’t remember, but I think at the bottom of the ticket, the cop signs a declaration that the information contained within is true and correct.
The on
the spot ticket forms part of the brief of evidence should the matter go to Court. All it takes is one smart person to look at the location of the offence, send a letter to VicRoads to ascertain the speed limit for that stretch of road and, and have the entire matter thrown out as the cop had signed a false declaration.
The cop had the discretion to exercise his judgement; however he chose to make an untrue declaration on the ticket. Shows a major lack of understanding on his behalf of the legal system. Shows a major lack of understanding on his behalf of the role of Police in the legal system. It was implied in the reports (not those in the Herald-Sun) that the matter had been previously raised with the officer.
I’ve been in a car where a cop has pulled over the driver, the driver admitted he was speeding and asked for the ticket…the cop lowered the speed on the ticket to decrease the penalty. The cop used his discretion of what to record, the driver agreed with it and was grateful; the matter would not be tested in Court. The cop did not change the testable evidence. (A random image: “Your Honour, the matter should be thrown out as I was actually doing 95 kph in the 60 kph zone, not 89 kph)
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