Speeding. Need your advice
Speeding. Need your advice
Author
Discussion

paoloh

Original Poster:

8,617 posts

235 months

Friday 7th December 2007
quotequote all
Went past 2 beat officers at warpish speed....

I take it, two officers have to be in a car to give evidence of speeding??

vonhosen

40,597 posts

248 months

Friday 7th December 2007
quotequote all
paoloh said:
Went past 2 beat officers at warpish speed....

I take it, two officers have to be in a car to give evidence of speeding??
No.

Mr2Mike

20,143 posts

286 months

Friday 7th December 2007
quotequote all
paoloh said:
Went past 2 beat officers at warpish speed....

I take it, two officers have to be in a car to give evidence of speeding??
If the only evidence they have is their opinion then yes.

tvrgit

8,490 posts

283 months

Friday 7th December 2007
quotequote all
Mr2Mike said:
paoloh said:
Went past 2 beat officers at warpish speed....

I take it, two officers have to be in a car to give evidence of speeding??
If the only evidence they have is their opinion then yes.
Still no. Officers on foot can form an opinion.

Mr2Mike

20,143 posts

286 months

Friday 7th December 2007
quotequote all
tvrgit said:
Mr2Mike said:
paoloh said:
Went past 2 beat officers at warpish speed....

I take it, two officers have to be in a car to give evidence of speeding??
If the only evidence they have is their opinion then yes.
Still no. Officers on foot can form an opinion.
I can form an opinion too, doesn't mean anything.

What evidence would a single policeman on foot have to corroborate his opinion?

Edited by Mr2Mike on Friday 7th December 16:32

Dwight VanDriver

6,583 posts

275 months

Friday 7th December 2007
quotequote all
Two Police Officers, independently forming an opinion about the speed of an offending vehicle is sufficient to satisfy a charge of speeding, BUT it is for the Mags, as a tribunal of fact to consider how much weight should be attached to the evidence adduced. (Melhuish v Morris 1938). Magistrates had thrown the case out as no evidence of corroboration by speedometer and were directed to re-hear. (Wilkinson's Traffic Law)

One officer will form the corroboration (required in speeding case)for the other. The only point being that both should be in close proximity of each other when opinion formed.

This is all old case law and practice and modern requirements I would suspect would not be so satisfied.

dvd

Mr2Mike

20,143 posts

286 months

Friday 7th December 2007
quotequote all
tvrgit said:
Still no. Officers on foot can form an opinion.
I think I misinterpreted your comment. I guess you mean that an officer on foot that just happened to be near another officer in a car could both form an opinion that a driver was speeding?

The OP didn't mention the presence of any other officers outside the car, but I take your point. I was trying to say that (at least) two officers opinions would be required, not that they had to both be in the car.

Edited by Mr2Mike on Friday 7th December 16:54

tvrgit

8,490 posts

283 months

Friday 7th December 2007
quotequote all
Mr2Mike said:
tvrgit said:
Still no. Officers on foot can form an opinion.
I think I misinterpreted your comment. I guess you mean that an officer on foot that just happened to be near another officer in a car could both form an opinion that a driver was speeding?

The OP didn't mention the presence of any other officers outside the car, but I take your point. I was trying to say that (at least) two officers opinions would be required, not that they had to both be in the car.

Edited by Mr2Mike on Friday 7th December 16:54
OK I understand you now. The OP mentioned two officers, and that is all you need. There doesn't have to be a police car, a speedo or a camera anywhere near either of them.

Jules360

1,949 posts

233 months

Friday 7th December 2007
quotequote all
Why bother with those expensive laser thingys? 2 Pold, 2 deck chairs, 1 clipboard, pen and paper.

Mr2Mike

20,143 posts

286 months

Friday 7th December 2007
quotequote all
Jules360 said:
Why bother with those expensive laser thingys? 2 Pold, 2 deck chairs, 1 clipboard, pen and paper.
The opinions of two officers carries less weight than the opinion of one corroborated by a speed measuring device. It also costs twice as much to run wink

streaky

19,311 posts

280 months

Friday 7th December 2007
quotequote all
Jules360 said:
Why bother with those expensive laser thingys? 2 Pold, 2 deck chairs, 1 clipboard, pen and paper.
'cos they're still cheaper than a clipboard, pen and paper (when ordered by a government department). And, anyway, the BiB are too busy putting pen to paper back at the nick - Streaky

Jules360

1,949 posts

233 months

Friday 7th December 2007
quotequote all
Mr2Mike said:
Jules360 said:
Why bother with those expensive laser thingys? 2 Pold, 2 deck chairs, 1 clipboard, pen and paper.
The opinions of two officers carries less weight than the opinion of one corroborated by a speed measuring device. It also costs twice as much to run wink
Since when has accurate evidence been a requirement ?

Jasandjules

72,681 posts

260 months

Friday 7th December 2007
quotequote all
Jules360 said:
Why bother with those expensive laser thingys? 2 Pold, 2 deck chairs, 1 clipboard, pen and paper.
Worrying, isn't it, that a Police Officer can "accurately" guage the speed of the offender when he is on foot. They must have superb training.......

paoloh

Original Poster:

8,617 posts

235 months

Friday 7th December 2007
quotequote all
This all sounds a tad worrying......... ahhhh

vonhosen

40,597 posts

248 months

Friday 7th December 2007
quotequote all
Jasandjules said:
Jules360 said:
Why bother with those expensive laser thingys? 2 Pold, 2 deck chairs, 1 clipboard, pen and paper.
Worrying, isn't it, that a Police Officer can "accurately" guage the speed of the offender when he is on foot. They must have superb training.......
They don't have to be able to accurately gauge the speed (as in measure it), only say with confidence that it was in excess of the limit.
That is to say they don't have to say that was 57mph in a 30 limit for such a speed, only that such a speed was obviously far in excess of the 30 limit.

paoloh

Original Poster:

8,617 posts

235 months

Friday 7th December 2007
quotequote all
vonhosen said:
Jasandjules said:
Jules360 said:
Why bother with those expensive laser thingys? 2 Pold, 2 deck chairs, 1 clipboard, pen and paper.
Worrying, isn't it, that a Police Officer can "accurately" guage the speed of the offender when he is on foot. They must have superb training.......
They don't have to be able to accurately gauge the speed (as in measure it), only say with confidence that it was in excess of the limit.
That is to say they don't have to say that was 57mph in a 30 limit for such a speed, only that such a speed was obviously far in excess of the 30 limit.
But surely, different cars in a different gear doing the same speed may appear to be travelling at different speeds?

Ie: Z4m doing say 50 in 2nd with sport button depressed would appear to be going faster ( due to exhaust note ) than a Mondeo doing the same speed in 5th

Hooli

32,278 posts

231 months

Friday 7th December 2007
quotequote all
Jules360 said:
Mr2Mike said:
Jules360 said:
Why bother with those expensive laser thingys? 2 Pold, 2 deck chairs, 1 clipboard, pen and paper.
The opinions of two officers carries less weight than the opinion of one corroborated by a speed measuring device. It also costs twice as much to run wink
Since when has accurate evidence been a requirement ?
who said accurate? its just evidence from a shiney toy so MUST be correct as all magistrates believe.

Mg6b

6,649 posts

294 months

Friday 7th December 2007
quotequote all
Jasandjules said:
Jules360 said:
Why bother with those expensive laser thingys? 2 Pold, 2 deck chairs, 1 clipboard, pen and paper.
Worrying, isn't it, that a Police Officer can "accurately" guage the speed of the offender when he is on foot. They must have superb training.......
No different from them being able to say "he was drunk!" They are both an opinion that they are allowed to give in law as experts.

Mg6b

6,649 posts

294 months

Friday 7th December 2007
quotequote all
paoloh said:
But surely, different cars in a different gear doing the same speed may appear to be travelling at different speeds?

Ie: Z4m doing say 50 in 2nd with sport button depressed would appear to be going faster ( due to exhaust note ) than a Mondeo doing the same speed in 5th
It is not difficult to make an assessment if any vehicle is traveling well in excess of a limit.

Marginal speeds would not be considered by an officer under evidence of opinion.

vonhosen

40,597 posts

248 months

Friday 7th December 2007
quotequote all
paoloh said:
vonhosen said:
Jasandjules said:
Jules360 said:
Why bother with those expensive laser thingys? 2 Pold, 2 deck chairs, 1 clipboard, pen and paper.
Worrying, isn't it, that a Police Officer can "accurately" guage the speed of the offender when he is on foot. They must have superb training.......
They don't have to be able to accurately gauge the speed (as in measure it), only say with confidence that it was in excess of the limit.
That is to say they don't have to say that was 57mph in a 30 limit for such a speed, only that such a speed was obviously far in excess of the 30 limit.
But surely, different cars in a different gear doing the same speed may appear to be travelling at different speeds?

Ie: Z4m doing say 50 in 2nd with sport button depressed would appear to be going faster ( due to exhaust note ) than a Mondeo doing the same speed in 5th
But can you reliably at either 50 in 2nd or 50 in 5th say they are going faster than 30 ?
I know I can.