Court case round the corner, help needed!!!!
Court case round the corner, help needed!!!!
Author
Discussion

thedoctor

Original Poster:

121 posts

276 months

Monday 26th January 2004
quotequote all
Hi,

I will be attending court next week for speeding at an alleged 110mph, but have a few questions that hopefully somebody can answer.

Basically POLICE following two cars, they say in their statement that we were traveling together for a number of miles overtaking each other as we went north (actually in Scotland). Then they say that they caught the other driver using their video camera and caught me with their speedometer.

The actual statement reads:-

Although there was a video camera fitted to the vehicle at the time, there were two different instances and two different offences with these two vehicles and the video camera was no used in this instance.

We were both stopped at the same time. It seems a bit strange that they have a video of two lotus cars overtaking each other (close proximity) apparently at 110mph and they decide to use the speedometer. I have asked for a copy of the video and they have said "what video" and have asked for the other driver’s name (for defense witness) as we did not know each other, they say that they do not have this information to hand...

Is there any legal argument that I can use, at least to get this material???


Any help gratefully appreciated.

puggit

49,398 posts

269 months

Monday 26th January 2004
quotequote all
I'm not a lawyer, and have no legal standing - but I do now that if the prosecution is relying on evidence in court then they'll need to share it with you 7 days before the case is heard.

So if they don't have it - what are they relying on?

thedoctor

Original Poster:

121 posts

276 months

Monday 26th January 2004
quotequote all
they are relying on the two officers saying they saw the speedo read 110mph, thats it!!!!

Mr E

22,667 posts

280 months

Monday 26th January 2004
quotequote all
thedoctor said:
they are relying on the two officers saying they saw the speedo read 110mph, thats it!!!!


That's probably enough. Sorry.

FastShow

388 posts

273 months

Monday 26th January 2004
quotequote all
Post this over at PePiPoo, this sort of thing comes up all the time...

deltaf

6,806 posts

274 months

Monday 26th January 2004
quotequote all
Ah but were they accelerating to "catch you up"?
If they tailed you "AT" 110 for the prescribed distance (1/10th? mile) then yup ya banged ta rights id say.
But not if they were accerating up to speed to catch you.
Might be worth getting some legal advice...

thedoctor

Original Poster:

121 posts

276 months

Monday 26th January 2004
quotequote all
the problem is that I was infront of the car they caught on video, not directly infront of the police car, but cannot prove this due to the video "what video scenario"

Dwight VanDriver

6,583 posts

265 months

Tuesday 27th January 2004
quotequote all
Plod forms an opinion that the two of you were travelling in excess of the NSL.

Decides to do a follow on you at a constant distance for at least 2/10ths mile during which he notes from his speedo that you are well in excess.

He also notes that you are travelling in convoy with the other speeder ahead. So if you are in excess and following the one in front of you then he too is speeding.

Speeding need corroboration for a conviction and it is there through Plod's opinion backed up by his speedo.

Plod 2 Others O.

Been there and done that years ago.

DVD

thedoctor

Original Poster:

121 posts

276 months

Tuesday 27th January 2004
quotequote all
according to the law, there should be no interference from any third party vehicle, ie they should be directly behind you for the required distance.