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southpaw82
Posted on: Today, 14:55


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QUOTE (stamfordman @ Fri, 17 Aug 2018 - 15:47) *
All governments talk to proscribed organisations

He’s not part of the government though.
  Forum: News / Press Articles · Post Preview: #1408873 · Replies: 19 · Views: 525

southpaw82
Posted on: Today, 13:16


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QUOTE (cp8759 @ Thu, 16 Aug 2018 - 23:45) *
QUOTE (southpaw82 @ Tue, 14 Aug 2018 - 11:44) *
QUOTE (cheapshots @ Tue, 14 Aug 2018 - 11:36) *
If he agree's, do you think it's a good idea to send it to the Police Force before I've received my Court papers?

Yes.

His statement and letter may be admissible under s 116(2)(c) of the Criminal Justice Act 2003 (hearsay - witness outside UK and not reasonably practicable to secure his attendance).

Given section 46(1C) of the Criminal Justice Act 1972 has been repealed, is a statement taken abroad admissible at all? Or has that provision been re-enacted elsewhere?

IIRC, the CJA 2003 hearsay provisions are intended to be a stand alone code but the strict answer is “don’t know” - it’s something that comes up fairly frequently in my jurisdiction (so I know the answer) but as for England and Wales...
  Forum: Speeding and other Criminal Offences · Post Preview: #1408838 · Replies: 31 · Views: 1,706

southpaw82
Posted on: Yesterday, 21:49


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QUOTE (marcfastcars @ Thu, 16 Aug 2018 - 22:42) *
I did, sorry. My mistake. Thanks for deleting the other thread.

No problem.
  Forum: Speeding and other Criminal Offences · Post Preview: #1408694 · Replies: 11 · Views: 313

southpaw82
Posted on: Yesterday, 21:40


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QUOTE (marcfastcars @ Thu, 16 Aug 2018 - 22:39) *
Apologies, I did ask for it to be deleted as I assumed that it wasn't a speeding or other criminal offence smile.gif

No, you asked for it to be moved. I’ve deleted your other thread.
  Forum: Speeding and other Criminal Offences · Post Preview: #1408687 · Replies: 11 · Views: 313

southpaw82
Posted on: Yesterday, 21:33


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QUOTE (marcfastcars @ Thu, 16 Aug 2018 - 22:13) *
Sorry, should I have put this in the 'Council Parking Tickets & Clamping and Decriminalised Notices' forum? If so, can a mod please move it?

No. Though why bother asking if you just start a duplicate thread there anyway rolleyes.gif
  Forum: Speeding and other Criminal Offences · Post Preview: #1408683 · Replies: 11 · Views: 313

southpaw82
Posted on: Yesterday, 17:54


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QUOTE (Ozymandius @ Thu, 16 Aug 2018 - 18:48) *
I assume though that I'll have to go to court and risk a larger fine / punishment?

If you don’t get a photo up front, yes.
  Forum: Speeding and other Criminal Offences · Post Preview: #1408618 · Replies: 14 · Views: 756

southpaw82
Posted on: Yesterday, 17:53


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QUOTE (Kawasakirider90 @ Thu, 16 Aug 2018 - 18:24) *
So i will need to find a technical defense such at ACPO 14.2 stating that a laser device should not be used through glass?

or 14.7

QUOTE
The type-approval process acknowledges the accuracy of the device together with its self-checking systems.
In that respect, it is vital that at the start and conclusion of a tour of duty, all laser devices are checked in accordance with
the manufacturer’s instructions, and will include alignment and distance checks


it says "vital" at the conclusion however this wasn't included in the witness statement

Even if you could prove that a check wasn’t done it wouldn’t affect the admissibility of the evidence produced by the device - see my earlier post. As to your second point you’d need an expert to give evidence that use through glass would probably have affected the reading.
  Forum: Speeding and other Criminal Offences · Post Preview: #1408617 · Replies: 23 · Views: 731

southpaw82
Posted on: Yesterday, 17:46


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Name yourself as the driver then. If you’re convinced it wasn’t your car involved then the prosecution will have to prove that it was. Bear in mind you’ll have to turn down any course or fixed penalty offers before you get to see any evidence unless they do supply you with a photo.
  Forum: Speeding and other Criminal Offences · Post Preview: #1408614 · Replies: 14 · Views: 756

southpaw82
Posted on: Yesterday, 16:59


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QUOTE (Kawasakirider90 @ Thu, 16 Aug 2018 - 17:45) *
Some of my assertations have come from watching videos from speed detection devices and seeing the officer lasering every vehicle to get a maximum number of hits, and the poster of said video being able to successfully get the evidence thrown out due to the officer not making a prior opinion but rather just zapping everyone and seeing what sticks

That (the evidence being thrown out) might happen but legally I see no reason why it should. Factual evidence, such as the reading produced by a prescribed device, needs no corroboration and as such no prior opinion is necessary.
  Forum: Speeding and other Criminal Offences · Post Preview: #1408602 · Replies: 23 · Views: 731

southpaw82
Posted on: Yesterday, 16:23


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Well, I can tell you that a device remains an approved device even if a pre-operation check isn’t carried out - R (Bray) v Bristol Crown Court and there is no requirement for the prosecution to prove that it had been tested for accuracy - Clarke v CPS.

The issues around corroboration are that the relevant law says

QUOTE
A person prosecuted for such an offence shall not be liable to be convicted solely on the evidence of one witness to the effect that, in the opinion of the witness, the person prosecuted was driving the vehicle at a speed exceeding a specified limit.


A reading from an approved device is not “the opinion of the witness” it is a fact reported by the witness of his or her observation of the reading obtained from the device. Therefore, the law can be said not to bite. If it doesn’t, then no corroboration is required.

I’m answering some of your questions with questions because you are making assertions and I have no idea where you got it from. That makes it rather difficult to provide you with a meaningful response.
  Forum: Speeding and other Criminal Offences · Post Preview: #1408591 · Replies: 23 · Views: 731

southpaw82
Posted on: Yesterday, 15:36


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QUOTE (Kawasakirider90 @ Thu, 16 Aug 2018 - 16:23) *
I believe that it isn't allowed to indiscriminately target every vehicle


Says who or what? What is the legal basis for your assertion?

QUOTE
Because the conviction relies on two types of evidence


Does it?

QUOTE
It would be relevant because the checks were carried out at the police station. Therefore the laser was packed up and put into the vehicle and driven to the location of the alleged offense. No check was documented on site before beginning to take his readings therefore how do we know a test was carried out and how do we know that the device was corrupted during transit?


So at most it would only be relevant at two points: the check at the station (and then only if it was recorded by the camera) and your stop. I don’t see how the camera would capture anything during transit, unless he’s sat with the device in front of him in the camera’s view.

QUOTE
A mention of the other vehicle whom could have affected the reading or due to beam spread could have been within the area being recorded. therefore the officer could have captured the vehicle overtaking me since i was on a motorbike and the car was much large.


What is the width of the beam at the distance you were caught? How close were you to the other vehicle?

QUOTE
his prior opinion which is one of the evidences needed to convicted me?


Is it? What is your legal authority for that?



QUOTE
I believe that I am within my rights to scrutinize every piece of evidence and procedure to ensure that any conviction or penalty is lawful. That is not wrong at all.


You can only scrutinise it if you’re entitled to it - just wanting it isn’t enough.

Ultimately, it’s up to you whether you want to roll the dice on a not guilty plea and run the risk of increased costs (ranging from £600 to several thousands).
  Forum: Speeding and other Criminal Offences · Post Preview: #1408563 · Replies: 23 · Views: 731

southpaw82
Posted on: Yesterday, 10:29


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What he said.
  Forum: Speeding and other Criminal Offences · Post Preview: #1408458 · Replies: 37 · Views: 1,527

southpaw82
Posted on: Wed, 15 Aug 2018 - 21:28


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QUOTE (The Rookie @ Wed, 15 Aug 2018 - 20:56) *
QUOTE (notmeatloaf @ Wed, 15 Aug 2018 - 20:36) *
anecdotally about 75% of EH pleas don't succeed.

Where do you get that from?

The inverse of your oft repeated suggestion that 25% are successful? Like this. And this. And this.
  Forum: Speeding and other Criminal Offences · Post Preview: #1408348 · Replies: 37 · Views: 1,527

southpaw82
Posted on: Wed, 15 Aug 2018 - 09:15


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This thread is the gift that keeps on giving. I’ve currently banned (permanently or temporarily) 3 people as a result of them not being able to abide by the rules. I’m not joking folks.
  Forum: Speeding and other Criminal Offences · Post Preview: #1408113 · Replies: 21 · Views: 1,258

southpaw82
Posted on: Wed, 15 Aug 2018 - 09:13


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What was the date of the first NIP to the lease company? Even if it was received late the presumption is that it was served in time provided that it was posted in good time to be received in time in the ordinary course of the post. If, for some reason it too (say) four days to be delivered instead of two it would be up to you to prove that - by calling the leasing firm to give evidence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1408111 · Replies: 6 · Views: 316

southpaw82
Posted on: Tue, 14 Aug 2018 - 19:34


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QUOTE (notmeatloaf @ Tue, 14 Aug 2018 - 20:26) *
Although for the OP I don't really understand why he is reluctant to assist you.

I don’t think he is reluctant.
  Forum: Speeding and other Criminal Offences · Post Preview: #1408039 · Replies: 31 · Views: 1,706

southpaw82
Posted on: Tue, 14 Aug 2018 - 14:06


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QUOTE (Dwain @ Tue, 14 Aug 2018 - 15:05) *
QUOTE (southpaw82 @ Tue, 14 Aug 2018 - 11:20) *
You may find that if he provides such a letter and you in turn provide it to the police they may decide not to proceed with the prosecution. However, they may decide that it’s up to a court to make the decision. Your issue will be introducing your friend’s evidence - he will need to create a witness statement exhibiting letter and setting out that you made it a condition that he was insured. The prosecution may wish to cross-examine him as to his evidence and object to his witness statement. Ordinarily, this would mean he has to turn up in person to give evidence - quite how you will get round that (assuming he won’t come back) I don’t know off the top of my head.


Courts seem to accept people on remand appearing on video, would facetime or Skype not be an acceptable means of communicating?

To be honest, I only know the rules on that for my own jurisdiction, which are likely to mirror England and Wales, but I’ve not checked.
  Forum: Speeding and other Criminal Offences · Post Preview: #1407963 · Replies: 31 · Views: 1,706

southpaw82
Posted on: Tue, 14 Aug 2018 - 14:00


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QUOTE (notmeatloaf @ Tue, 14 Aug 2018 - 14:51) *
As per the judgemental comments having ridden motorbikes and pushbikes you are an idiotic if you filter at a speed above which you can easily stop when inevitably deliberately or inadvertdntly. If you get caught out more fool you.

Which have been moderated and bans issued. Rule 8 isn’t just for laughs and I’m really serious about removing people who flout it, particularly posters who seem to contribute nothing else.
  Forum: Speeding and other Criminal Offences · Post Preview: #1407960 · Replies: 21 · Views: 1,258

southpaw82
Posted on: Tue, 14 Aug 2018 - 13:54


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QUOTE (Kawasakirider90 @ Tue, 14 Aug 2018 - 14:45) *
1) The land that the speed check was being conducted from is private land and the Met police do not have specific permission from the land owner to be there. Regardless of public access, have they conducted a health and safety assessment of the site that they are using and has a report being complied to ascertain the suitability of the site to conduct traffic enforcement operations? thoughts?


Completely irrelevant.

QUOTE
2) Standard checks to be investigated like training, calibration, trainer of police suitably qualified to train, errors in procedure etc. Points worth looking out for please


No doubt the office will say he was properly trained and used the device correctly. What evidence do you have to the contrary?

QUOTE
3) Two officers present, neither were outside the vehicle, speed reading taken from inside the car with a Prolaser III device. I assume but am not certain that the reading was taken from an open aperture because of the way the police car was parked. If so the only reasonable assumption would be from the passenger window. So wouldn't the passenger operate the device? he wasnt the officer than wrote the witness statement. both officers were wearing body cameras. could i request the footage from both camera from the time of parking up to the time if the alleged offense to cross examine their conduct?


No. You can only obtain relevant evidence and would have to show that the footage from the time of parking up was relevant to your case - why would it be?

QUOTE
4) A speed reding of 99mph at 367 feet. Bearing in mind there was no line of sight until AFTER i had passed the police vehicle and going away from him, and i was in lane 2 so a minimum of 5 metres from the police vehicle, the officer would have had 2.5 seconds to obtain visual contact of my motorbike, raise his speed detection device and as he says "lock on" to take a reading. I see this as a highly farfetched idea that he would be able to react so quickly. Therefore it brings doubt into my mind that he was indiscriminately targeting vehicles until he got a reading he was satisfied to pursue.


To put it bluntly, so what if he was?

QUOTE
5) There was mention of traffic conditions being light however one of my comments when i was stopped was the other car overtaking me and i questioned if the officer had missed me and hit the faster car. He said he would review the video, that was the last i heard of that. If there isn't video, or the video is inconclusive, what would my course of action be?


From your description traffic conditions were light - what else would you expect or want him to say?

QUOTE
Small discrepancies such as the charge sheet stating one location and the officers statement stating a different location, and the charge sheet stating exceeding 70mph and the officer stating 50mph suggest that the officer doesn't know what speed he should be enforcing


Does the speed limit in the officer’s statement match the speed limit on the road where you were driving? If so, it appears that he knew exactly what limit he was enforcing.

The overall impression you give is that you were speeding and are fishing for a way out. That’s not so bad in its own right but nothing you’ve said so far suggests to me that you have a defence, particularly as you appear to have been speeding.
  Forum: Speeding and other Criminal Offences · Post Preview: #1407957 · Replies: 23 · Views: 731

southpaw82
Posted on: Tue, 14 Aug 2018 - 10:44


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QUOTE (cheapshots @ Tue, 14 Aug 2018 - 11:36) *
If he agree's, do you think it's a good idea to send it to the Police Force before I've received my Court papers?

Yes.

His statement and letter may be admissible under s 116(2)(c) of the Criminal Justice Act 2003 (hearsay - witness outside UK and not reasonably practicable to secure his attendance).
  Forum: Speeding and other Criminal Offences · Post Preview: #1407899 · Replies: 31 · Views: 1,706

southpaw82
Posted on: Tue, 14 Aug 2018 - 10:22


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Depends what the contract was. Were their representations capable of altering the offer or is that excluded by the contract?
  Forum: The Flame Pit · Post Preview: #1407889 · Replies: 23 · Views: 697

southpaw82
Posted on: Tue, 14 Aug 2018 - 10:20


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You may find that if he provides such a letter and you in turn provide it to the police they may decide not to proceed with the prosecution. However, they may decide that it’s up to a court to make the decision. Your issue will be introducing your friend’s evidence - he will need to create a witness statement exhibiting letter and setting out that you made it a condition that he was insured. The prosecution may wish to cross-examine him as to his evidence and object to his witness statement. Ordinarily, this would mean he has to turn up in person to give evidence - quite how you will get round that (assuming he won’t come back) I don’t know off the top of my head.
  Forum: Speeding and other Criminal Offences · Post Preview: #1407886 · Replies: 31 · Views: 1,706

southpaw82
Posted on: Tue, 14 Aug 2018 - 09:45


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Permitting use without insurance is an absolute offence - Tapsell v Maslen. However, you don’t “permit” the use if you make it an express condition that the driver was insured - Newbury v Davis. That decision was later held to apply only in extreme circumstances - DPP v Fisher. It is crucial that you are clear as to whether you made it an express condition or whether you simply checked his insurance certificate and wrongly (if honestly) concluded he was insured. If the latter, you are still guilty of the offence - Baugh v Crago.

So, what exactly went on between the two of you?
  Forum: Speeding and other Criminal Offences · Post Preview: #1407875 · Replies: 31 · Views: 1,706

southpaw82
Posted on: Mon, 13 Aug 2018 - 19:31


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QUOTE (Morton88 @ Mon, 13 Aug 2018 - 20:25) *
My dad ( Retired cop ) says a lawyer is a waste of cash,better to plead guilty, right a letter and hope its points and a reasonable fine?

Never take legal advice from the police. However, unless you have a defence what do you expect a lawyer to do for you (particularly if you’re offered a fixed penalty)?
  Forum: Speeding and other Criminal Offences · Post Preview: #1407751 · Replies: 10 · Views: 541

southpaw82
Posted on: Mon, 13 Aug 2018 - 19:30


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I’ve never told a client they have a good case when they don’t. In fact, I’ve lost clients because I told them the truth rather than what they wanted to hear. Is there any evidence lying to clients is widespread or is it just apocryphal?

By the way, giving advice then having the client bottle it when asking for a few grand up front for a court brief isn’t unusual. There’s an obligation to give the client an indication of fees if possible.
  Forum: Speeding and other Criminal Offences · Post Preview: #1407750 · Replies: 19 · Views: 759

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