Failure to provide laser gun serial no.

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bomber2016
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Failure to provide laser gun serial no.

Postby bomber2016 » Tue Nov 15, 2016 7:56 pm

Good evening,

I was caught doing 76 in 60 zone last week in the Yarra Valley. I asked the officer to show me the speed on his laser gun which he did. I then asked about the accuracy of his gun and he showed me a small printed label on the gun which gave a calibration date. He then put the gun back in his car.
I asked for the calibration records and he told me I would have to appeal the fine and get those in court. I then asked him how I knew that the records that would be provided in court would be that of the exact gun used to detect my speed. I subsequently asked him for the serial number of the gun he had used so as I could be sure the records given to me in court were in fact the right ones. He refused to give me this as he said he didn't have to give them me and that I should just get it in court.
He then asked if I was challenging his integrity to which I said no; I was simply doing due diligence. He then ordered me to go and sit back in my car.

My question: Why would the officer not provide me with the serial number of the gun and are they allowed to refuse this under the law? Furthermore, how can I be certain that when I do request the calibration records in court that they are actually for the gun he used on that day?

Thanks in advance.
Laurie.

Day
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Re: Failure to provide laser gun serial no.

Postby Day » Tue Nov 15, 2016 8:58 pm

"Are they allowed to refuse under the law?"

They are not obliged under the law to provide it or even show you the speed. You should have made note of the serial number when you inspected the speed reading when he graciously allowed you to look, rather than making it obvious you were fishing by asking to see the device again.

Hardy
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Re: Failure to provide laser gun serial no.

Postby Hardy » Tue Nov 15, 2016 9:36 pm

You should have simply taken a pic of the device when you had the chance. The number is clearly printed on it and would appear in the pic.
When you get to court, you can request a copy of the asset register which shows what assets were allocated to that police member on the date of the offence. That will match the serial numbers.

stroppy
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Re: Failure to provide laser gun serial no.

Postby stroppy » Fri Jun 30, 2017 9:54 pm

Day wrote:"Are they allowed to refuse under the law?"

They are not obliged under the law to provide it or even show you the speed. You should have made note of the serial number when you inspected the speed reading when he graciously allowed you to look, rather than making it obvious you were fishing by asking to see the device again.


I might be wrong but if he makes an FOI request he CAN get the serial number of the radar device. The police may not be obliged to show him the radar gun but I'm pretty sure he can still request the number of the gun being used if he proceeds to court otherwise how could one test the accuracy of the device if that was your defence?

You seem to be very pro-police and pro-state government policy. Being that both bodies are made up of people, fallible, beset by personal foibles and showing the full range of human behaviour from good to bad, then I would not be so trusting, if I were you. Fortunately I am not you.

Hardy
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Re: Failure to provide laser gun serial no.

Postby Hardy » Fri Jun 30, 2017 10:02 pm

There are several easy ways to get the serial number of the device from the police after the event. But the OP wanted to know if it was lawful for the police to be dicks about it at the scene of the intercept.

Day
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Re: Failure to provide laser gun serial no.

Postby Day » Fri Jun 30, 2017 10:36 pm

Hardy wrote:There are several easy ways to get the serial number of the device from the police after the event. But the OP wanted to know if it was lawful for the police to be dicks about it at the scene of the intercept.


Exactly. I simply answered the question correctly Stroppy.

You seem to be a wanker trolling through old posts to add no value and bag people who gave correct advice. Fortunately I am not you.

stroppy
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Re: Failure to provide laser gun serial no.

Postby stroppy » Sat Jul 01, 2017 3:52 am

Day wrote:
Hardy wrote:There are several easy ways to get the serial number of the device from the police after the event. But the OP wanted to know if it was lawful for the police to be dicks about it at the scene of the intercept.


Exactly. I simply answered the question correctly Stroppy.

You seem to be a wanker trolling through old posts to add no value and bag people who gave correct advice. Fortunately I am not you.


Charming! So you belittle yourself to ad hominem attacks because I dislike your pro-state government/pro-camera stance? Yes you answered the question correctly but in such a way that the OP would have just become disheartened and not bothered to be pro-active about his beef with the police. You could have added that using a FOI request he could have obtained the serial number of the radar gun. I'm not "trolling old posts" to muck rake. I'm reading old posts to acquaint myself with the general mood here and I am very disheartened to see that there are members here who may as well be working for the camera office they are so pro state government policy. Hence my "fortunately I am not you" comment. I will never be in favour of the current policy of the camera office and the state government (as you seem to be) until some fairness is brought back into the system and the presumption of innocence ( the most Draconian thing to ever happen to Victorian motorists) is restored for all traffic violation cases.

LEO
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Re: Failure to provide laser gun serial no.

Postby LEO » Sat Jul 01, 2017 9:25 am

stroppy wrote:I'm reading old posts to acquaint myself with the general mood here and I am very disheartened to see that there are members here who may as well be working for the camera office they are so pro state government policy.
Well clearly you need to do some more reading of the forum if you haven't worked out what a number of the forum members do for a living. :roll:

stroppy
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Re: Failure to provide laser gun serial no.

Postby stroppy » Sat Jul 01, 2017 7:13 pm

LEO wrote:
stroppy wrote:I'm reading old posts to acquaint myself with the general mood here and I am very disheartened to see that there are members here who may as well be working for the camera office they are so pro state government policy.
Well clearly you need to do some more reading of the forum if you haven't worked out what a number of the forum members do for a living. :roll:


It is becoming more apparent to me every day.


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