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Not justified at this location?
johnbrown777
post Fri, 16 Jan 2009 - 16:39
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I received the notice few weeks ago, where I was informed to have been caught doing 38 in a 30 zone by a speed camera.

Turning the page, I notice the following standard text (which I have abridged for clarity):

========================
I was the driver, but wish to plead mitigating circumstances. What can I do? You have a right to challenge the offence or to plead mitigating circumstances. To do this, you will have to opt to have your case heard by a District or Sheriff Court. If you choose to do this, you can detail any mitigating circumstances that you wish the Court to consider. You will have the opportunity to explain in writing without having to attend the court. You are reminded that Sheriffs and Justices have the right to increase the penalty as they see fit.


I do not think the offence is valid because:
  • [... deleted]
  • I don't think the camera was justified at that location
For a speeding conviction to be valid, there are only two requirements: appropriate speed limit signage and evidence that the speed limit was broken.

There is no legal requirement to [deleted] locate them at sites with a history of serious crashes. [deleted]
========================

So, my question to the Forum is:
Do you know of ANY case where the argument of 'not justified at that location' was used successfully?
If so - what evidence was produced to convince the court of it?
If such argument is unacceptable - would the fact that it is mentioned there be a deliberate attempt to mislead?

Many thanks!

MC



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post Fri, 16 Jan 2009 - 16:39
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spanner345
post Fri, 16 Jan 2009 - 16:50
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From: hull
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You seem to have completely the wrong idea about speed cameras, often they are placed just to maximise revenue.

This, in their view, justifies their placement in some of the strangest places.

Google Wales and horse box, this will give the rough gist of the tricks they get up to, to relieve as many people as possible of as much cash as possible.


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BaggieBoy
post Fri, 16 Jan 2009 - 16:56
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Cameras can be placed where ever they like, so there is no mileage in your argument.
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