Melchett:
kemaro:
I was issued with a fixed penalty notice for 3 points and a £60 fine, I have to surrender my licence at the police station, and then I can fill in the back and ask to be dealt with by a court.
I’d be tempted to bite the bullet mate, your word against a traffic cop with speed gun■■? By all means take it to court but I don’t fancy your chances… & you face an increased fine if they find against you + all associated costs! Up to you, get on pepipoo using the link above!
Hell mate I strongly disagree.
If as you state, you are innocent then the “hell its only 3 points and £60” argument is a load of bull. YOU HAVE BEEN ACCUSED OF SOMETHING YOU DIDN’T DO. As far as any fair legal system is concerned, from what you have said you will be found not guilty.
This country is full of sycophants who believe that just because someone in a position of responsibility has said something it must be right. STAND UP FOR YOURSELF don’t just bend over and take it up the arse.
Don’t forget this git has tried to use his position to ■■■■ you up, you can demand that action is taken against him when his evidence is proven to be wrong.
kemaro:
why should I accept it when I was not speeding…
I think it’s wrong that in this day and age with all the modern technology available and the equipment provided in the car that the officers word and saying that was the speed on the gun is good enough, if he has the equipment available then it should be used, I think far to many people don’t fight for this reason, the fact that the officer can say you were doing that speed , lets remember that tickets issued is a good thing for him and fines from speeding is a good source of income, it’s a biased unfair situation.
I can’t argue with anything you’ve said but this is GREAT BRITAIN & that’s how things work! Is it fair? NO. I’m just giving you the advice I’d follow myself…you won’t win in court however unfair it is.
Stick or twist, your call!
Melchett:
schrodingers cat:
Yes but the Copper has made the decision not to record the evidence his “approved device” has given him therefore under UK law this evidence has to be based upon the word of the officer against the word of the defendant and three witnesses, no competition.
When you win, a strong letter should be sent to the boss of this [zb] in uniform.
Can I come & live in your world? The coppers “word” + an approved device trumps just about everything!
Just coppers word according to the OP, the copper chose not to record his evidence, thats like losing dna evidence in a murder case, no trial. Before anyone gets on their high horse about comparing this to a murder case, the law is the same, no evidence = its just down to without reasonable doubt, and lets not forget the OP has witnesses on his side.
Melchett the SYCOPHANT in Blackadder… I rest my case M’lud
schrodingers cat:
Hell mate I strongly disagree.
If as you state, you are innocent then the “hell its only 3 points and £60” argument is a load of bull. YOU HAVE BEEN ACCUSED OF SOMETHING YOU DIDN’T DO. As far as any fair legal system is concerned, from what you have said you will be found not guilty.
This country is full of sycophants who believe that just because someone in a position of responsibility has said something it must be right. STAND UP FOR YOURSELF don’t just bend over and take it up the arse.
Don’t forget this git has tried to use his position to [zb] you up, you can demand that action is taken against him when his evidence is proven to be wrong.
Hey, I don’t disagree with anything you’ve posted. All I’m saying is how it all works! It will be difficult to win in court &, as it’s not my licence (& money) I can’t go for advising him to contest under the circumstances… he will most probably lose.
It’s not right or fair just how the system is!
schrodingers cat:
Melchett the SYCOPHANT in Blackadder… I rest my case M’lud
You gonna pay his fine/take the points??
it’s about time the laws in this country were brought to date with modern times, it’s seems many laws regarding motoring are still based on laws made in the 1920’s where physical (photo/video) evidence was not an issue and the officers word was enough, times have changed and it’s about time the laws were too.
it’s a very frustrating scenario…
kemaro:
it’s about time the laws in this country were brought to date with modern times, it’s seems many laws regarding motoring are still based on laws made in the 1920’s where physical (photo/video) evidence was not an issue and the officers word was enough, times have changed and it’s about time the laws were too.
I knew you’d get there in the end It’s a pile of ■■■ but it makes money & speeders are worse than drunk drivers/rapists y’know… go figure!
If he had the ability to record and chose not to, surely to God that would be reason to contest as he had the ability to bang you to rights if he chose, maybe our loverly boys in blue are just getting too relaxed about this form of “policing”/tax collection.
If everything you have said is right then court is the only option unless you are just going to accept that you have no rights.
I wouldn’t put my money behind you as I wasn’t there, but IF everything is as you say it was, and I was you I would fight it, and if I lost my license because of it I would be claiming every benefit I could get away with.
“I asked to see the gun and the speed as the screen was blank, he reluctantly showed me , pressed a few buttons and a 44+ came up on the gun.”
I would be interested to know the speed of the previous offender he nicked, just saying like
Thats the element of doubt that would help your defence and of course your witnesses to confirm your speed.
schrodingers cat:
If he had the ability to record and chose not to, surely to God that would be reason to contest as he had the ability to bang you to rights if he chose, maybe our loverly boys in blue are just getting too relaxed about this form of “policing”/tax collection.
If everything you have said is right then court is the only option unless you are just going to accept that you have no rights.
I wouldn’t put my money behind you as I wasn’t there, but IF everything is as you say it was, and I was you I would fight it, and if I lost my license because of it I would be claiming every benefit I could get away with.
Well, you’re kinda getting there Thanks to our wonderful legal system they don’t have to record! The word of a trained officer + approved device is enough & it would take something special to get the maggies to acquit!
Unless you have a couple of hundred thou spare to spend on Nick Freeman defending you… perhaps not!
This couldn’t happen in a murder trial but for motoring offences no worries… makes you think eh?
Out of interest what equipment could he have used to record the speed if he was parked? Surely VASCAR or similar video equipment needs both vehicles to be moving or clocked you between 2 fixed points?
Interesting that he didn’t just flag you down at the time and chose to follow you instead?
Arguably the speed on the gun could have been any drivers, but that would also apply if you had been flagged down.
I believe that the equipment is calibrated and the certificate maintained BUT also before use or at the start of the shift it should be tested for accuracy - with a tuning fork often - and this I believe should be recorded in the officer’s pocket book.
Were there any other vehicles that could have been speeding that the gun might have picked up on?
Just a few thoughts…
PW
after doing some research it seems strange that the speed he implied i was doing in the 30 zone is just on the limit of issuing an on the spot fine but not low enough to either send me on a speed awareness course or give verbal guidance to slow down & treat it as warning etc… so as i was within the limit it makes me think more that he hoped i would just accept that i was speeding…
he wasnt out of the car, he was sat in it and was already moving forward as i approached him…
teatime:
“I asked to see the gun and the speed as the screen was blank, he reluctantly showed me , pressed a few buttons and a 44+ came up on the gun.”
I would be interested to know the speed of the previous offender he nicked, just saying like
Thats the element of doubt that would help your defence and of course your witnesses to confirm your speed.
Agreed. All you need to prove is ‘reasonable doubt’. Any number of things could have happened here, including operator error eg. it’s quite easy to imagine that on this stretch of road the officer has actually clocked a car behind you or one going the other way (do you remember what other vehicles were around at the time?). Pepipoo is the place to go online for advice. Definitely fight it. Good luck.
so it seems the only options are to either accept the points and pay the fine or take it to court but lie and say i was travelling above the speed limit and plead that it used to be a 40 and is now 30 and I wasnt intentionally speeding or driving dangerously or erratically, that it was a clear road with full visibility and perfect weather conditions, i have a perfect driving record as an hgv driver, say I’m very sorry for the offence (that I did not commit) and plead that points on my licence could have a detrimental effect on my job as a driver and result in me losing it and also increase my insurance premiums causing exceptional hardship in a time of economical down turn , and hope that they feel sorry for me and let me off… ironic aaye…
kemaro:
I have since found out that he does not have to have his recording equipment on and his competence in using the gun and experience as a traffic officer is enough evidence alone for the courts to decide that I am guilty!
I still intend to contest the ticket and plead not guilty as I was not speeding, I feel if his sole purpose of being there that evening was to catch speeding drivers then he should be recording in order to back up his allegations…
any advice?
Plead Guilty unless you can see some sort of loophole. The bobbys words you where speeding backed up by his camera is enough to make it fact (before the courts) you where doing the speed he said. The police don;t tend to use actual video evidence for such speeding cases as their word is suffice and the video footage can often reveal underhand tactics etc by the police, so they don’t use it !! If i was you i’d do a quick check of the signs etc and make sure they conform, if they do i’d send my fine off!!!
PilotWolf:
Out of interest what equipment could he have used to record the speed if he was parked? Surely VASCAR or similar video equipment needs both vehicles to be moving or clocked you between 2 fixed points?
lasertech.com/UltraLyte-Lase … -Guns.aspx & it’s variants are the most common speed gun in the UK. There are others.
Range up to 1000m +
Interestingly, several US states don’t allow any evidence captured by the above (certainly the earlier models) due to doubts about it’s accuracy
Worth a watch youtube.com/watch?v=pVdjZE2YhLE