Speeding prosection
Author
Discussion

big dub

Original Poster:

4,098 posts

247 months

Monday 16th October 2006
quotequote all
My father in law has been caught doing 50mph in a 40mph stretch of road (with a camera not a mobile unit). He is being prosecuted but is disputing the speed they caught him at, his tacograph states that he was doing 47mph not 50mph. He's sending a letter advising that their camera is wrong but I don't think he'll get anywhere with it because he was still speeding at 47mph. What do you think - do you think there's anything he can do to get off the prosecution?

TUS 373

5,224 posts

311 months

Monday 16th October 2006
quotequote all
In a word, no.

They are putting forward evidence that the law has been broken. Within reason of error, the 47 mph of the tach would seem to corroborate the 50 mph alleged offence.

It's really a question of holding hands up and taking it on the chin I'm afraid.

jasandjules

72,627 posts

259 months

Monday 16th October 2006
quotequote all
Let's face it, his evidence is still breaking the law. Not the ideal defence really.

Take the FPN if they offer it.

busta

4,504 posts

263 months

Monday 16th October 2006
quotequote all
There might be something in it. They cant prosecute someone using information known to be false. And if anything, the tacho would over read so he may even have been doing 45mph. Out of interest, how have you pinpointed the moment he passed the camera on the tacho? That might be something they pick up on.
As far as incriminating himself by providing more evidence that he was speeding, they would have to open a new case to convict him, which i'm not sure they would bother with.

This is all based on knowledge i have picked up form other posts, websites and news articles so i can't guarantee it all to be acurate.