Driving On Wrong Side Of The Road To Avoid A GATSO

Question:

Can a Gatso speed camera image be used in anything other than a speeding offence?

If you have time, below is a more detailed account.

I work nights and therefore I drive home early in the morning

On the way home there is a Gatso speed camera which I usually avoid by driving on the right (incorrect) side of the road.

The speed limit is 30mph and it has the equivalent of another lane in-between the two opposing lanes.

It runs through an industrial area on a straight road with good visibility and a clear line of sight for around half a mile. If another car etc was present it would easily be known to me and the manoeuvre can be aborted. When all this happened it was dark and therefore headlights would have been easily noticed on other vehicles if there were any!

There are no markers on the right (incorrect) side of the road which I was driving on at the time the camera set off.

I have done this before and many times, as I say it’s my regular route home. Every time I have been flashed and yet nothing has come through. I’ve certainly done it 20 times+, it may have just had film in it this time.

Here is a photo I got from Google earth that will hopefully clear up any confusion. As you can see the camera is bottom left.

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One point that could have been a factor would be the entrance/exit on the right if it was not for the fact that it is gated and closed between the hours of 7pm and 7am.

I did this at roughly 0200 and 0500 on separate, yet sequential, nights.

The speeds it states in the summons within the witness statements (the officers who have been processing this) are 48mph and 50mph. It could be a minor point but it says recorded speed, to my untrained eye that sounds interesting.

There was no accident and no witnesses to all of this apart from myself.

I have not received anything for speeding on the original NIP and have only been summons for 2 counts of Driving without due care and attention since I did this on two different nights.

They offered me a voluntary interview that I respectfully declined.

As far as I know driving on the wrong side of the road is not an offence, nor is avoiding a speed camera.

Also since I wasn’t within the markers I am unsure whether they have any other ways of working out my speed other than what it says on the photo.

Nor do I believe that the speed is a relevant factor in this case and even if it is they can’t prove it.

They have still photographs from a Gatso speed camera on both nights and no witnesses.

For all they know there was a something obstructing my route that forced me onto the other side.

Anyway, I really hope to hear from you and please don’t hesitate if you have any questions

Louise Says:

Very interesting case and you have a potential defence to both allegations.

The police are trying to be clever. They have to have you over the lines to do the secondary check on the GATSO speed. They haven’t got that so they are going for the due care and attention charge and if you get convicted I would expect you to be at risk of a ban.

Not because of the level of risk involved, but because the CPS will tell the court that you did this to avoid being caught for speeding – so there will be a backdoor suggestion that you were attempting to pervert the course of justice by your actions.

Did you ever complete a s.172 form admitting you were the driver? If not then the police do not have any identification evidence other than the presumption that the registered keeper is the driver – I assume you are the registered keeper. This in itself would be a very good defence. The police have to prove the identity of the driver beyond reasonable doubt.

It’s a good case and I am very interested in representing you. Have you got any points already? If so, how many?

Would you like my help defending you? When is your first hearing date? On the face of it we may be able to get both matters withdrawn without trial.