I have been driving for 30 years, and currently do 30k miles a year in my job as a x. I was stopped for speeding yesterday, in x and given a fixed penalty notice (£60 and 3 points) I was surprised to get pulled over and even more surprised to hear I had been speeding. It was alleged that I was traveling at 56mph in a 40mph zone
1)The police vehicle was parked in a drive with the front end blocking the pavement, so the first question is this legal and is it grounds for dismissal.
2) The policemen used a radar/laser gun, which gave a readout of the speed, distance, date and time. do they not need more evidence, video, another policeman etc for a conviction. I asked if he had video footage, and said something vague, like the camera was pointing in that direction, but have not checked it.
3) The distance given was 224m, is this outside the guidelines
4) I was traveling with a passenger, who did not feel we were exceeding the speed limit, and at the time was checking out his new phone which has sat nav which gives a speed. Could this be used for my defence and is it likely to be effective
5) The form that the officer filled in, and which I signed, had a few omissions, is there an argument for non completion of the form (it was only a tick box for passengers)
6) I believe the ACPO code of practice, 10.2 states the Radar device must not be used in the vehicle (which the officer did) – is this correct Finally what are my options
7) How reliable are hand held radar/laser, as when I went to Ilkeston Police station to ask questions, they did mention there has been issues! I have attached a document showing the location of the speed trap
I will answer your questions in order, but do you have any penalty points already? If so how many?
1. The police can stop/park wherever they want in the execution of their duty. The court would see this is a red herring and that you are on trial not the police. The only issue is whether or not they have reliable evidence that you were speeding.
2. The police officer can corroborate his opinion of your speed with the device that he was using. This is enough. He does not need video evidence or another officer present as long as the court accepts that his evidence is reliable you will be convicted.
3. These devices work up to around 2/3 of a mile away so this device was being used well within its capabilities on the face of it.
4. Your passenger can give evidence to corroborate you and state that he /she did not feel that you were speeding. Whether or not that it is enough to cast a doubt will be a matter for the magistrates. I suspect that you will also need to show that the officer did not use the device correctly or possibly zapped a different car and then stopped you by mistake…
5. The form that the officers completed at the time wont have any real effect unless it can be suggested that he is a bit shoddy and his evidence in general is not reliable.
6. Did the officer fire the laser through glass?
7. These devices are regarded as highly accurate and reliable by the courts and the only way that you tend to win is by casting a doubt on the reliability of the officer rather than the device. Unless you can afford to get a laser expert involved.
Have you got a trial date? It sounds as though you may?
Thanks for your quick response.
I have never had any speeding fines/points or anything since I started driving 30 years ago, hence all the questions.
3) My thoughts were that at that distance isn’t there a possibility of picking up the wrong vehicle!!
6) I couldn’t say as the police vehicle was positioned in the driveway at the edge of the road, looking like it was ready to pull out.
This is an extract from the ACPO (2205) 10.2 Setting up the Radar Meter and Operation – The device must not be operated from within a vehicle.
I was hoping for dismissal on these grounds
I only received the ticket yesterday afternoon and I haven’t taken my driving license to the police station yet as I understood I have to fill in the bottom part of the yellow form which dictates my course of action and so was looking at what options I have.
It appears I can either accept the ticket and pay out £60 and get 3 points or Plead not guilty and put forward a defence, which was largely based on the 7 items below plus a spotless record “but from your response I don’t have much of a defence” is this Correct?
If I fail to put forward an adequate defence I stand to be fined up to £1000, plus costs (what are the costs likely to be, including your costs) and 3-6 points and also risk disqualification for 28 days is this correct.
3) I probably agree but I would need to check the officers statement on that front – we don’t get to see that unless you reject the ticket and ask for a court hearing – thereby exposing yourself to higher fines and court costs.
6) You are referring to the guidance on setting up a radar meter – this will probably have been a laser – LTI 20/20.
The remainder of your understanding is correct.
Sorry but you have to be really up for a fight to stand a chance of winning these allegations.
Thanks for your help, I think I am going to just pay the Fine and not take the chance…. Thanks again