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bernmc
Rats. I know I should read all the forums before I post, but I need to get this down before I forget and get muddled. I'll be searching and reading after!

Heading home in the wife's 350Z (sod's law) on nice empty roads... overtook a jaguar, but didn't pay him much attention (cue jaws music!). After some spirited driving, blue lights and a pull over.

Single police officer in an unmarked Jag X-type. Had a provida video display.
Showed me the video - at no time did he record my speed - all speeds displayed are his. Highest speed he recorded was 85 (60mph limit). Problem was at times I was pulling away from him.

He told me he didn't have a calibrated speedo. Also told me that he didn't use the timing device - might have been something along the lines of 'I didn't want to' or 'I can't use it' - actually I don't think he had a long enough chance to do this accurately as it was on windy country roads.

However, his provida vid does show him doing eg 80 mph and not catching me. I think he was mildly pee'd that he only caught up when I slowed down to 30 when I got to the 30 zone (yes I like to have some fun, but I drive carefully in town!)

Told me we could do it the hard way, and I could go to court, or the easy way, and he could issue a fixed penalty. He's given me a fixed penalty notice for 60quid and 3 points, with a 'go to the local plod and produce your licence in 7 days'.

He's put recorded speed as 78 - ' to save me having to pay more/more points/have to go to court'.

Said he'd be keeping the video just in case.

Now, I've been photographed doing 34 in a 30, and succesfully used the PACE letter from here (hooray), but is it worth me fighting this this time. Yes, I appear to have been speeding, but does plod have enough for a conviction - will the Mag accept his speed as evidence that I was speeding? Do I run the risk of been done for 85 in a 60 zone then...?

I'm inclined to say thanks, I've been naughty, I'll take the 3 points, but if there's anything dodgy about the process....?

If I did decide to fight, what would my next step be - I assume I still have to go and produce my license?
crystal
Hi,
Either way you have to produce your details, When pulled over its hard to fight I think if you were caught bang to rights (as appears to be the case) I would pay up and we more careful of jags

Regards
Crystal
bernmc
QUOTE (crystal @ Wed, 6 Sep 2006 - 21:13) *
Hi,
Either way you have to produce your details, When pulled over its hard to fight I think if you were caught bang to rights (as appears to be the case) I would pay up and we more careful of jags

Regards
Crystal


Can I just clarify that I can still be convicted of speeding even though he didn't get a speed reading on my car? Is it that 'speeding is an absolute offence' thing - he can't say how fast, just too fast?
Volvo T5
bermnc

As you have been given a FPN for this you can.... if you wish still elect for the matter to be heard at court.
The BIB has decided to record your speed... you say at 78. The ACPO guide lines for summons is 86mph (60 zone).


The BIB has obviously formed the opinion that you were speeding and has used the Provida device to record the video footage of you driving.

You are correct in saying that the speed shown on the VIDEO is the speed of the police vehicle (as the officer has not activeted the speed/ distance part of the device that would have given YOUR average speed)

The speed shown on the Provida Video is calibrated (true) speed and you say it shows you pulling away from the police car when the police car is recording a speed of 80mph.

The BIB's evidence would be clear.....He was sat at 80mph in a 60 zone and you were clearly pulling away from him. The Provida device shows calibrated speed which confirms his original opinion that you were speeding....and its on video!!

The BIB will retain the video tape.

The choice is obviously yours.......but I think you may struggle fighting this one.

Good luck
bernmc
Ta volvo and Xtal - I suspected as much. There's just a part of me that likes a bit of a ruck, particularly if it inconveniences the speed police!
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