Was out for a ride in the mountains tonight, semi rural, no houses and pitch black, and spotted a figure hiding in the bushes on the side of the road. An undercover cop with unmarked bike, no obvious vest or indication it was a police officer. So i have sped up for a about 30 seconds before i notice police lights from behind so immediately pull over. He claims i had been over the limit on approach towards him, but has issued an infringement based on my speed as he followed me. I told him there was no indication he was a police officer, it was dark and looked dodgy so i sped up. The fact that i pulled up as soon as he lit up his lights and i knew it was a police officer indicated i wasn't looking to do a runner.
So my first question would be, is this a valid challenge in court as you dont generally see dark figures staring at you at 9pm at night hidden in the bush on the side of the road. And secondly, since he could have issued an infringement on the original speed on approach (less than that when i was followed), if challenged in court, is the onus on him to prove the original speed if my challenge is successful on the speed when followed. Is the proof of original speed required on the physical infringment notice, or if challenged, will that original speed have been logged somewhere?
So my first question would be, is this a valid challenge in court as you dont generally see dark figures staring at you at 9pm at night hidden in the bush on the side of the road. And secondly, since he could have issued an infringement on the original speed on approach (less than that when i was followed), if challenged in court, is the onus on him to prove the original speed if my challenge is successful on the speed when followed. Is the proof of original speed required on the physical infringment notice, or if challenged, will that original speed have been logged somewhere?
