Speeding prosecution and defense
Discussion
Ok a mate of mine has received a NIP through the post for doing 82 in a 70. I am not sure what device was used at the moment. But he is going to plead not guilty and go to court over it. Where it gets intresting is his defense. The car he was driving is not capable of the speed measured. How would he go about providing proof this was the case?
By way of expert witnesses. e.g independent road test at an approved test place, road tests from magazines of the specific vehicle model, engineers reports in respect of the actual vehicle, land survey proving the road did not have a downhill slope (very important).
All quite expensive, but if you win you get all your costs back. Because the evidence has to be presented to the CPS at least 7 days before the hearing, if youe evidence is strong they may not proceed, but then you'll not necessarily get costs.
All quite expensive, but if you win you get all your costs back. Because the evidence has to be presented to the CPS at least 7 days before the hearing, if youe evidence is strong they may not proceed, but then you'll not necessarily get costs.
cooperman said:
By way of expert witnesses. e.g independent road test at an approved test place, road tests from magazines of the specific vehicle model, engineers reports in respect of the actual vehicle, land survey proving the road did not have a downhill slope (very important).
All quite expensive, but if you win you get all your costs back. Because the evidence has to be presented to the CPS at least 7 days before the hearing, if youe evidence is strong they may not proceed, but then you'll not necessarily get costs.
Mate of mine is a defence lawyer (solicitor - he gets very upset when I call him a lawyer!) and says the whole 7 day thing is rubbish...he's just been in a case where the prosecution produced evidence half way through the trial!....???
plasticpig said:
Watertight ....... the case, not the Landy
Paul
Yes unfourtunatley it seems it may cost him a bob or two to prove it. It has got overdrive fitted,rebuilt engine (petrol) and its a SWB so 70 is probably possible but I cant see it reaching 82 even down the steepest hill.
Is he running the larger 750 tyres from a Long wheel base?
Sorry t be the bearer of bad news, but...my old petrol series 3 in not so good health running 750s, overdrive and a good heavy right foot, would definately break the speed limit (If I remember right - about 80ish) especially if down hill...needed ear defenders and a very warm coat in winter though! Uphill it struggled to keep 50/60!
cooperman said:
All quite expensive, but if you win you get all your costs back. Because the evidence has to be presented to the CPS at least 7 days before the hearing, if youe evidence is strong they may not proceed, but then you'll not necessarily get costs.
So, hang on, I decide to contest, spend 3K having the testing done, submit the evidence, the CPS say "ok mate, we won't bother proceeding" and scuttle off.
I foot the bill for proving my innocence?
Well that's fair.
virgil said:
By way of expert witnesses. e.g independent road test at an approved test place, road tests from magazines of the specific vehicle model, engineers reports in respect of the actual vehicle, land survey proving the road did not have a downhill slope (very important).
All quite expensive, but if you win you get all your costs back. Because the evidence has to be presented to the CPS at least 7 days before the hearing, if youe evidence is strong they may not proceed, but then you'll not necessarily get costs.
Mate of mine is a defence lawyer (solicitor - he gets very upset when I call him a lawyer!) and says the whole 7 day thing is rubbish...he's just been in a case where the prosecution produced evidence half way through the trial!....???
Yes, I have been there too. I was even told that the local nick (that the laser operator came from) didnt have a copy of the instruction manual to reference in court!
82 in a 70?
Why are they bothering?
On any motorway the normal speed is about that anyway.
If you want to contest it try-
road test reports
Ordnance survey for road gradient (a proper land survey is too expensive)
suggest that the equipment must be faulty
ask if they have an instruction manual
ask to see the pictures/video, are there any other things in the pictures that might give a false reading?
emphasise that it's an ordinary car, not a spotscar, you wouldn't be driving it if you were speed mad.
You're an evil motorist so don't get your hopes up, now that all the real criminals have been deemed safe to release by the home secretary you're public enenmy number one.
Seriously, best of luck.
Why are they bothering?
On any motorway the normal speed is about that anyway.
If you want to contest it try-
road test reports
Ordnance survey for road gradient (a proper land survey is too expensive)
suggest that the equipment must be faulty
ask if they have an instruction manual
ask to see the pictures/video, are there any other things in the pictures that might give a false reading?
emphasise that it's an ordinary car, not a spotscar, you wouldn't be driving it if you were speed mad.
You're an evil motorist so don't get your hopes up, now that all the real criminals have been deemed safe to release by the home secretary you're public enenmy number one.
Seriously, best of luck.
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