Speeding Summons - any defence?
Speeding Summons - any defence?
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Discussion

RuthKirk

Original Poster:

4 posts

260 months

Monday 23rd February 2004
quotequote all
I've got a court summons for doing 87 on a 60mph speed limit in Norfolk (classic - empty wide road, new car syndrome) after returning the NIP form.

I was caught by a mobile camera - does anyone know the rules that the operators have to follow to be able to prove that they've callibrated the camera properly? I'm sure that I've read somewhere that it is possible to make a defence on this basis... or am I just hopeful?

Thanks for your opinions on this!

stackmonkey

5,081 posts

267 months

Monday 23rd February 2004
quotequote all
Try www.pepipoo.com , as I'm no expert.

roosevelt

396 posts

279 months

Monday 23rd February 2004
quotequote all
Or The Motorists Survival Handbook

Or www.acpo.co.uk carries guidlines relating to tech equip and law enforcement for speed offences

FastShow

388 posts

270 months

Monday 23rd February 2004
quotequote all
If it was an LTi 20-20 that caught you, there's a reasonable chance you'll be able to get away with it scot free very, very shortly.

Insist on full disclosure of the traffic video, they'll hate you for it and it's very unlikely you'll get it. Insist that they provide it - you'll find at this point that they'd rather lose the case in court through lack of disclosure than provide the video. They're screwed and they know it.

See here for more...

ruthkirk

Original Poster:

4 posts

260 months

Monday 23rd February 2004
quotequote all
How do i know which camera was used - they've sent me photos...

Roadrage

603 posts

262 months

Monday 23rd February 2004
quotequote all
if only you hadent sign the NIP

RuthKirk

Original Poster:

4 posts

260 months

Tuesday 24th February 2004
quotequote all
roosevelt said:
Or The Motorists Survival Handbook

Or www.acpo.co.uk carries guidlines relating to tech equip and law enforcement for speed offences


Thanks for the reply, but the link doesn't work.
Will think seriously about buying the Drivers Survival Handbook - sounds just the thing!

barry sheene

1,524 posts

301 months

Tuesday 24th February 2004
quotequote all
RuthKirk said:

Thanks for the reply, but the link doesn't work.


works fine here.....

roosevelt

396 posts

279 months

Wednesday 25th February 2004
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oops !

Road Policing Enforcement Technology Code of Practice, revised March 2003

at www.acpo.police.uk/

roosevelt

396 posts

279 months

Wednesday 25th February 2004
quotequote all
Write to CPS asking for full disclosure of evidence, a detailed request including PC's statement, identification of equipment used, calibration certificate etc etc should do the trick....

clapham993

11,833 posts

261 months

Wednesday 25th February 2004
quotequote all
RuthKirk said:
I've got a court summons for doing 87 on a 60mph speed limit in Norfolk (classic - empty wide road, new car syndrome) after returning the NIP form.

I was caught by a mobile camera - does anyone know the rules that the operators have to follow to be able to prove that they've callibrated the camera properly? I'm sure that I've read somewhere that it is possible to make a defence on this basis... or am I just hopeful?

Thanks for your opinions on this!


Which magistrates court are you summonsed to appear before?

If its the Thetford bench, watch out, they are notoriously hard line on speeding. Norwich better

roosevelt

396 posts

279 months

Wednesday 25th February 2004
quotequote all
What about Swaffham Magistrates? wot they like?

clapham993

11,833 posts

261 months

Wednesday 25th February 2004
quotequote all
roosevelt said:
What about Swaffham Magistrates? wot they like?


Never been up before them but - 15 years ago, admittedly - I got off with 3 points and a £200 fine for 96 in a 40. My mother sits as a lay magistrate in Thetford and I know that, as a retired GP she is really down on speeding as are most of her colleagues

RuthKirk

Original Poster:

4 posts

260 months

Wednesday 25th February 2004
quotequote all
Nightmare, as it is Thetford that the summons is for!!!

Hopefully if we ask for all the evidence etc. then it may not go that far... What do I do if they send it all through?

clapham993

11,833 posts

261 months

Wednesday 25th February 2004
quotequote all
RuthKirk said:
Nightmare, as it is Thetford that the summons is for!!!

Hopefully if we ask for all the evidence etc. then it may not go that far... What do I do if they send it all through?


Hi Ruth

Sorry to be the harbinger of gloom. I think that if they do give the evidence then you should play on the fact that you were under the 30+ rule, have a good driving record, clear dry road, very sorry, ya di ya di ya and smile sweetly

CB-Dave

1,002 posts

278 months

Wednesday 25th February 2004
quotequote all


Going by recent events, the best form of defence against the mags is to go in dressed head to foot in kappa and reebok gear, have a fringe you can park a coke truck in (if you're female, which I guess you are!) and drag five kids, of differing paternal background, one white, one black, one half caste, one asian and one with a tail, that goes "woof" a lot, go in reeking of b&h and stale cider, and you'll probably get let off with a queen's pardon, key to the city, and as much white lightning as you can physically cope with.

Of course, I'm not totally blinded by the lax sentences given to the chav population at all, and the fact that most law abiding, helpful, nice citizens end up getting ass-raped left, right and centre for going 0.0000000000000000000000000001mph over an already artificially low 30mph +/-0mph limit on a wide open stretch of motorway at 4am in the morning...

... and relax!

bobthebench

398 posts

281 months

Thursday 26th February 2004
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If you are going to get technical, do it well. Go off half cocked, and it shows, you end up making an arse of yourself and will be hit harder. Courts don't mind genuine disputes, but if you're squirming to get out of something which is blindly obvious you did, you will get hit with a fine to reflect the court time taken up. Take it on the chin, awfully sorry, blah blah blah can get £100 + 3 pp. String it out then make an arse of it can see £300 + 5 pp.

Have seen an Electronics professor try to challenge this and with only textbook knowledge and no experience of police system, he got the latter.

If points are that big an issue to you, get a brief.