A 68-year-old Dubbo man has been found not guilty of speeding past police officers who were conducting random breath tests.
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Police alleged Calvin Laurence Brinsmead was driving at a speed somewhere between 50 and 60 km/h when he passed them on Cobbora Road last year.
The speed police estimated he was driving at allegedly placed Mr Brinsmead in breach of a law that requires motorists to travel below 40km/h when flashing lights on emergency vehicles are activated.
You can't prove I was doing more than 40km/h and I can't prove I was doing any less.
- Calvin Brinsmead.
Mr Brinsmead denied the allegation and said he was travelling below 40km/h when he faced off with police in Dubbo Local Court on Tuesday.
"There were no random breath test signs... they were not visible.... there was not a police officer in sight... there was nobody there," he claimed in court.
Mr Brinsmead also said there were four police cars at the location and said he "couldn't see what was going on" because of "the light show they put on".
Police said two cars were at the location and the court heard the highway patrol officer who accused Mr Brinsmead of speeding did not use a speed detection device to assess his speed.
The court heard highway patrol officers must estimate the speeds of moving vehicles before they use speed detection devices and the officer in this case had correctly estimated speeds 97 per cent of the time [allowing for a 10km/h margin of error].
Mr Brinsmead told the court he estimated he was travelling at 30km/h when he passed police and he said he could determine speed based on vibrations and the sound of a car's motor.
He said he accelerated once he passed police but court documents revealed police alleged Mr Brinsmead increased his speed as he drove past them.
I don't believe Mr Brinsmead is a dishonest person.
- Magistrate Claire Girotto.
Mr Brinsmead said he was not trying to avoid police and the court heard he did pull over.
"I don't get drunk... one drink's enough for me for the night," he said.
When Mr Brinsmead was questioned by the police prosecutor - about the reliability of the evidence being given - he lashed out.
"I'm paying your wages... you ought to be ashamed of yourselves," he told the police prosecutor.
"Most people will just pay the fine but I'm not most people.
"You can't prove I was doing more than 40km/h and I can't prove I was doing any less."
Magistrate Claire Girotto suggested Mr Brinsmead be more respectful towards police and described him as "befuddled".
Evidence given by police was "compelling" but Mr Brinsmead was telling the truth, Magistrate Girotto said.
"I don't believe Mr Brinsmead is a dishonest person," she said.
"He didn't think he was speeding."
