Help - Search - Members - Calendar
Full Version: STOPPED FOR SPEEDING ON M62
FightBack Forums > Queries > Speeding and other Criminal Offences
phill-b
Hi
Travelling home from work last night, got on M62 at junc 27 (on my bike). Overtook a few cars then moved into middle lane. Looked in my mirror, saw a police car, checked speed and was doing 80ish. Police car was catching up so i gradually slowed down. After about a mile, he put his lights on so i stopped.
Police officer (passenger) got out of car. I greeted him, he asked me how fast i was going and i told him I was probably doing mid - high seventies. He then told me I was going faster than this and asked me to get in the car. he then showed me a screen that showed a recording of 92mph. I expressed my surprise and told him that i didnt think i was going this fast. he then cautioned me and took my details. I was then asked to sign the form for purposes of verification of receipt. I was told it was my choice whether i should proceed with the fixed penalty or go to magistrates court.
After he had taken my details, i asked him how the speed was calculated and how i knew this was right. he told me that my speed had been measured between 2 bridges and was calculated from this. I asked him how the machine knew i was there and how it knew to measure my speed. he then informed me that he had to push a button at the start and end of the timings. I then asked him if this meant that the speed calculation was based solely upon him pressing buttons and he told me that this was the case.
I then asked him how i could know for certain that he had pushed the buttons in the right place and he informed me that he had been on a weeks training course and that he knew what he was doing.
I said at this point that i had no wish to insult him or get clever with him and that i was merely establishing the facts.
I asked him how he knew he had accurately pushed the buttons and he told me that he started the timings on the shadow of the first bridge and finished the timings on the second bridge. I then asked him if this being the case, my speed was reliant on the position of the sun (this being evening time with long shadows and the bridges being at the start and finish of a sweeping bend). He then told me that over the distance i was clocked, a little discrepancy in the start and finish of the timings would not make a big difference to the recorded speed.
I then informed the police officer that the reason for my interest in how the speeds were calculated was based on the fact that i generally did not think i was doing 92mph. I also informed him that on a previous occasion i had been "clocked" speeding;however when i received the video as evidence, the speed was calculated to be nowhere near the speed that I had allegedly been doing.
He then informed me he was doing 105mph; i pointed out he was doing this speed to overtake me and this had no relevance to the speed he was doing. At this point the driver asked him if he had checked the video unit. They rewound the film and said that it wasnt very clear because of the shadows but they had me on it.
I then took my leave.

On arriving home, i looked at the ticket he gave me. On the ticket my speed was cited at "in excess of 70mph".

I also noticed that my registration number had been incorrectly recorded on the form (one digit was wrong).

obviously, i am unhappy about this as i genuinely dont believe i was doing 92mph.

Is there anything I can do about this.

Also, i am going to Spain on my bike on 16th June so I need my licence. If i produce it at the Police station, they will yake it from me until the situation has been dealt with and give me a receipt for it. I am not comfortable with going to Spain with a receipt!

Any help / advice will be appreciated.

Thanks
phill B wub.gif
firefly
QUOTE
I then asked him how i could know for certain that he had pushed the buttons in the right place and he informed me that he had been on a weeks training course and that he knew what he was doing.

Yes: infuriating as it is, I'm afraid the magistrates will accept this crock of manure unless you can cast reasonable doubt on his eyewitness testimony. If you can, you're doing well. Being stopped by two plod using VASCAR (which is the measuring device by the sounds of it) is the doomsday scenario for the driver.

The only possible way to challenge this would be to plead not-guilty and ask what the specific markers where that he measured you against. Whilst there is nothing to say you can't use shadows as markers, it does sound like they were winging it with their measurement skills.

Sorry to be the bearer of bad tidings, but unless you can rubbish their account in court (they'll make it up as they go along) then you're looking at a very uphill struggle.
phill-b
What about the fact that my reg no has been incorrectly recorded??
patdavies
QUOTE (phill-b @ Sat, 3 Jun 2006 - 09:31) *
Also, i am going to Spain on my bike on 16th June so I need my licence. If i produce it at the Police station, they will yake it from me until the situation has been dealt with and give me a receipt for it. I am not comfortable with going to Spain with a receipt!

Any help / advice will be appreciated.


Are you sure about this? I was under the impression that the licence was only retained if you accept the fixed penalty so that the points can be put on, If you refuse the fixed penalty, the matter will move to court proceedings that could take many months. As you are innocent until proven guilty, they would in effect be depriving you of your licence before guilt is proven.

If you are stopped again for any reason and given a HO/RT1 (a producer) you would be unable to produce your licence. It is no good telling them that the police already have it, as it is the one document that must be produced in person (you can send somebody else along with the others). You would be unable to hire a car and you would be unable to drive in several other countries that actually legally require you to carry your licence when driving. If nothing else this would breach EU law about free movement.
Quattro
QUOTE (patdavies @ Sun, 4 Jun 2006 - 11:08) *
As you are innocent until proven guilty,



I feel old now, as I can remember when that was true! rolleyes.gif
patdavies
QUOTE (Quattro @ Sun, 4 Jun 2006 - 11:14) *
QUOTE (patdavies @ Sun, 4 Jun 2006 - 11:08) *

As you are innocent until proven guilty,



I feel old now, as I can remember when that was true! rolleyes.gif



Perhaps I'm just a hopeless idealist blink.gif blush.gif rolleyes.gif
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.