[holden#1]

Re: Traffic Infringement Notice

Dear Sir / Madam,

On the 15th of July 2005 at approximately 15.05hrs, I was stopped by a patrol car near the intersection of ... and ... Streets, .... I first noticed patrol car directly behind my vehicle with lights flashing after proceeding through the intersection of ... and ...After pulling over, a Constable... , registration #... , proceeded to approach my vehicle. I was asked ‘Do you realize why you have been stopped?’ to this I replied ‘No. I am not aware of committing any offence’. Constable... then stated ‘I heard a screech coming from your vehicle’. I replied ‘I am most definitely unaware of this’ I then added that ‘a slight noise may have not been noticed by myself as I had radio turned on’ at this Constable... asked me how loud my radio was. I turned ignition switch on; radio came on at which Constable .... agreed it was not excessively loud. (My Rodeo work Ute does not have any high power sound system). Constable ... then replied that ‘I was not directly behind your vehicle – I heard the screech, you must have as well’ In any case, I did not continue to turn this into an argument with the Constable, and in a somewhat confused state was handed the Infringement Notice.

Knowing full well that screeching / squealing noise definitely did not come from my tyres, I decided to go for a drive and try and figure out what this noise could have been. I tried various scenarios i.e different levels of acceleration, braking and cornering and subsequently found that under acceleration the fan belt would at times intermittently emit a squealing / screeching noise.

On the next business day Monday the 18th of July 2005, I took my vehicle to my mechanic,... Mechanical at ..., and requested that he would have a look at fixing my fan belt so there would be no chance of it emitting any noise in future. Would you please find copy of invoice enclosed.

I believe that this Infringement Notice was issued unnecessarily under the circumstances, and ask that you review this case and at your discretion revoke the said infringement notice.

Yours Sincerely,
...


Other factors are:
Cops were 3 cars behind me when lights first went on.
I was in full knowledge of their presence over the past 2k's
I was not operating vehicle in dangerous manner ( no smoke, sliding )

If I was stupid enough to make a public nuisance by doing a burnout with a rodeo work ute on a public road at 3pm friday arvo, i would be more than happy to 'do the crime, pay the fine'.

Be interesting to see how this goes. so far received a letter acknowledging mine.

I understand the point of police having discretionary powers, at least this can be balanced out by taking matters to court. has anyone had any success with doing this?? does anyone know details of what would happen at hearing?