Man disproved police speed claim
Man disproved police speed claim
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Mrs Fish

Original Poster:

30,018 posts

287 months

Friday 27th August 2004
quotequote all
bbc said:
Man disproved police speed claim

Prosecutors dropped the speed charge after seeing the evidence. A man accused of driving at 115mph on a motorway had the charges dropped when he proved his car was not capable of reaching such a speed.

Steve Lucas, of St Helens, Merseyside, commissioned an independent speed survey from experts, whose evidence led a court to drop the speeding charge.

Law student Lucas, 20, was charged after driving his 1.2 litre Fiat Punto on the M62 in West Yorkshire. He agreed he reached 85mph, but said the 115mph claim was "laughable".

If he had been convicted, Lucas faced a six-month driving ban and a fine of up to £2,500.

He commissioned an independent traffic consultant to put the car through its paces at Bruntingthorpe test track in Leicestershire, where it showed a top speed of just 104mph.

Prosecutors at Pontefract Magistrates' Court dropped the speeding charge when they saw the expert evidence.

Mr Lucas pleaded guilty to a separate charge of driving without due care and attention, for which he received three penalty points and a £40 fine.

Following the case he said: "I was happy to put my hands up and admit that I was driving at 85mph.

"But the idea that my car could go 115mph was laughable. I decided to fight it on principle."

'Defence costs'

His solicitor, Sean Joyce, said drivers who feel they have been treated unfairly in this way should "stand up and challenge" the police.

He said: "There are hundreds of thousands of speeding tickets issued every year in this country and the vast majority of motorists simply lie down and accept it.

"This case shows that, if people feel strongly, as Mr Lucas did, that the police are wrong, they should stand up and challenge them in the courts.

"If they are successful, they can make an application for their defence costs to be reimbursed."

dazren

22,612 posts

290 months

Friday 27th August 2004
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What equipment was used to measure the speed?

DAZ

slinky

15,704 posts

278 months

Friday 27th August 2004
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The speed for the attempted conviction or the "proven" speed?

There's a chap featured in this months top gear who will "prove" how fast your car goes.. With Datron timing gear and an independant witness @ Brunters...

Could this attempted conviction be off the back of mistaken identity? An incorrect plate? Or badly calibrated speed detection equipment?

slinky

edc

9,642 posts

280 months

Friday 27th August 2004
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So if your car was 'poorly', but in good health more than capable of very high speed, it's possible to introduce some restrictions, commission an expert report and 'get off'?

supraman2954

3,241 posts

268 months

Friday 27th August 2004
quotequote all
slinky said:
Could this attempted conviction be off the back of mistaken identity? An incorrect plate?
I doubt it, he did afterall put his hand up to the lesser charge, so he must have accepted that it was indeed him. The only option left is......

slinky said:
badly calibrated speed detection equipment?

....a little worrying!




andygo

7,392 posts

284 months

Friday 27th August 2004
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The craft law student probably just detuned his car before subjecting it to the independant testing. Probably had a 1.6 engine in etc. etc.

Good man.

voyds9

8,490 posts

312 months

Friday 27th August 2004
quotequote all
Due care and attention, he knew he was doing 85mph so he was paying attention and he didn't hit anything so he was driving with care.

Balmoral Green

42,561 posts

277 months

Friday 27th August 2004
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I dont know what FIAT say the top speed of a 1.2 Punto is, but lets assume its 98mph or something like that, and the tester got it up to 104mph. All on the level of course. We all know that with the high gearing of modern cars, on very long downhill straights you can get another 15-20 mph showing on the speedo which would be impossible on the level, it just wouldnt pull the revs. But with his foot hard down and nailed to the floor, I dont doubt he may well have been doing 115mph, although his own speedo may have been reading higher. Good man for fighting it though.

He could of course genuinely have been doing 85mph , me, cynical? never!

Peter Ward

2,097 posts

285 months

Friday 27th August 2004
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What sort of driving without due care and attention gets you just a £40 fine (and 3 points)? That's less than a parking ticket. Something's going on here....

PetrolTed

34,468 posts

332 months

Friday 27th August 2004
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My car is capable of 165mph according to the manufacturers yet at Brunters I only had enough room to get up to 155mph...

greenv8s

31,017 posts

313 months

Friday 27th August 2004
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Luckily he was able to show the claimed speed was impossible. But he'd been reported at substantially over his actual speed. The vast majority of people, in cars that are quite capable of getting to license busting speeds, would have been absolutely stuffed at this point (ragardless of how slowly they were going, or how safely). I *know* its going to happen to me eventually, just a matter of when ...

Apache

39,731 posts

313 months

Friday 27th August 2004
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That's why any other suspected 'criminal' is innocent till proved guilty

telecat

8,528 posts

270 months

Friday 27th August 2004
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Another Own goal from the force that brought you "3 points for a Empty Windscreen washer bottle" (that wasn't), and "We'll stop u keep you hanging around and prosecute cos your Screws black".

>> Edited by telecat on Friday 27th August 18:40

David A

3,725 posts

280 months

Friday 27th August 2004
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Maybe he just took off all the Max P stickers and car audio stickers, took the stripe off the side and removed the bodykit Oh and turned the stereo down when they did the speed test.

We all know that they add at least 90mph to your top speed and knock 5secs off the 0-60

mattd

195 posts

269 months

Friday 27th August 2004
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why did he get charged with driving without due care and attention surly as he proved the measuring device was inaccurate so how can they prove he was even speeding.

does this mean that every one that drives over 85mph on the motorway is driving without due care ?

pesty

42,655 posts

285 months

Friday 27th August 2004
quotequote all
Any more details on what was used to measure him?

Does this not prove taht whatever was used was not fit for purpose?

Was anybody else done with teh same equipment ? will there convictions be quashed?

Mr2Mike

20,143 posts

284 months

Friday 27th August 2004
quotequote all
mattd said:
why did he get charged with driving without due care and attention surly as he proved the measuring device was inaccurate so how can they prove he was even speeding.

does this mean that every one that drives over 85mph on the motorway is driving without due care ?


The article did this this was a separate charge, and gives no other details about it. It's quite possible he did something silly whilst being observed by the police and their super accurate speed measuring equipement.

monkeyhanger

9,267 posts

271 months

Friday 27th August 2004
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PetrolTed said:
My car is capable of 165mph according to the manufacturers yet at Brunters I only had enough room to get up to 155mph...


Indeed, i ran out of road at a smidge over 140 at Brunters...lack of road & mechanical sympathy prevented further thrashing...

Fair play to this guy though, but he should have gone for broke rather than copping for a lesser charge.

boredpilot

478 posts

267 months

Saturday 28th August 2004
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When I went to court re police said 106 to 112 but when they pulled me said 106-118, I pointed out that it was physically impossible for the police to have gone from a standing start to the point they claimed and followed me for a speed check, volenteered I was speeding said 96 clerk asked mags if this mattered and they said no, got 6 points, I should have thought of carelessness as a defence, but did prove I couldnt have done that speed

lanciachris

3,357 posts

270 months

Saturday 28th August 2004
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Well, since my friend got pulled for clocked at a supposed 97 when he wasnt doing more than about 85 I knew that police sometimes dont take the time to calibrate it correctly. Glad to see it proved.