Caught by mobile camera - any comeback?
Discussion
Received a nice letter from Wiltshire Constabulary yesterday and was just wondering if the evidence they have is conclusive enough or whether I can fight it. Looks like I'm banged to rights but just wanted to check with the speed camera experts here before I part with my cash and clean licence.
tigger1 said:
Looks like you were doing minus 69 mph?
(This doesn't matter, but amuses me slightly when I see it).
Doesn't that calibration cert' look a little "too" perfect?
I can't see the cert as the pic doesnt display, but I can guess what it is like!(This doesn't matter, but amuses me slightly when I see it).
Doesn't that calibration cert' look a little "too" perfect?
I am sure that it is most encouraging that when someone is pinged at 700m that once a year the same device on a tripod can accurately measure the distance of flat, stationary objects at distance of up to 100m to the nearest metre!
EU_Foreigner said:
calibration is at 100 Meters ... you were done at 140 so the certificate is useless really for that distance ...
-69 was as you were driving away from the (no doubt) hidden camera.
Have you thought about requesting a "driver training" class instead?
Does this mean the calibration certificate is invalid and so the reading cannot be used as evidence?-69 was as you were driving away from the (no doubt) hidden camera.
Have you thought about requesting a "driver training" class instead?
merc_man said:
EU_Foreigner said:
calibration is at 100 Meters ... you were done at 140 so the certificate is useless really for that distance ...
-69 was as you were driving away from the (no doubt) hidden camera.
Have you thought about requesting a "driver training" class instead?
Does this mean the calibration certificate is invalid and so the reading cannot be used as evidence?-69 was as you were driving away from the (no doubt) hidden camera.
Have you thought about requesting a "driver training" class instead?
Boosted LS1 said:
Shouldn't ther be a daily calibration as well, before using the gun?
Boosted.
There should be a number of checks and tests before and after the device is use AND this should be logged.Boosted.
In my case, and pretty much every other case I have seen it is heartening to find that I have not yet seen a time that this has been done correctly.
It will never get sorted before it goes to court. You normally only see the evidence if you go to court anyway, so am a bit surprised you got as much as this already.
Unfortunately, there does not seem to be anything wrong in the pictures (no other objects in the way etc). The calibration certificate is valid for a year, but they should have indeed done the pre and post checks which should be recorded. That informatation is only available when you let it go to court though.
Can't see any way out though ...
Unfortunately, there does not seem to be anything wrong in the pictures (no other objects in the way etc). The calibration certificate is valid for a year, but they should have indeed done the pre and post checks which should be recorded. That informatation is only available when you let it go to court though.
Can't see any way out though ...
EU_Foreigner said:
It will never get sorted before it goes to court. You normally only see the evidence if you go to court anyway, so am a bit surprised you got as much as this already.
Unfortunately, there does not seem to be anything wrong in the pictures (no other objects in the way etc). The calibration certificate is valid for a year, but they should have indeed done the pre and post checks which should be recorded. That informatation is only available when you let it go to court though.
Can't see any way out though ...
Agreed.Unfortunately, there does not seem to be anything wrong in the pictures (no other objects in the way etc). The calibration certificate is valid for a year, but they should have indeed done the pre and post checks which should be recorded. That informatation is only available when you let it go to court though.
Can't see any way out though ...
You won't see any of this before court, and to be frank you probably wont even see it then.
A route you could go down is to force the SCP to reveal a true copy of their original evidence document. That original document is not the photo, which is a frame from the video, or a clip of the video, it is the full and unedited recording of the enforcement session.
In that, you may see, or most likely definately see the device have problems at that time, either produce error readings or the operator 'zapping' people at under the speed limit. This is important as the operator must make his own individual assessment that you were speeding before using the gun. The gun is only legally there to back up this primary evidence. Thus if he is zapping people below this, his evidence is seriously flawed.
Of course, this would let you put forward a strong case, however in all bar one of the cases I have heard of the SCP and CPS have never released the full video, and they would prefer to ramp up the potential costs of losing the case to put off the defendant. See the Peter Ward thread for a year of hassle...
However, legally, they won't be able to win the case unless you change your plea or they supply the video.
Whether you want to do this though is your own prerogative. 3 points and £60 compared to a year of hassle and the risk of a higher fine?
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