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Steve_scotland
I was driving on the M8 in Glasgow when stopped by the police for speeding.

They stopped me and issued me a fixed penalty for driving at "not less than 70 mph" in a 50.


I asked what instrument they used.
They replied with their calibrated speedometer.

I asked what fixed reference points they used, which they replied none.

I asked to see the video which declined.

The ticket they issued showed they were from Greenock, which had them out of their area.



I didn't pay the fine and was issue with a court summons. The offence had changed to speeding at 70 mph averaged over 0.3 miles (from the not less than 70).

Is there a case to be argued here?
7159keith
The main problem you have is that this is your word against that of two police officers (assumed from your use of "they"). Who do you think the court is going to go with? Roadside pulls are very hard to defend.
Steve_scotland
Update...

Solicitor asked for disclosure when I got the initial court letter.

Went to court on 30st July [was told I had to appear], where they asked for a continuation [provide disclosure] to yesterday, 13th August. All they provided was brief summary i.e. time/date/speed/distance.

This has been 2 half days of lost earnings [self employed] where I have been told to appear, then only been asked to confirm my name!

The actual trial diet is the 20th August.

Don't think they can try and use the calibrated speedo approach now as no calibration certificate was provided 7 days prior to trial, so I think it's just their word against mine. Doubt that both of them will appear at court in Glasgow either as they're based in Greenock.
On the square...
Had one recently with another scottish force, 2 Traffics + radar gun + calibration up to date + witness statements + all submitted on time......still thrown out at the end. Fight it if you can
OTS
Steve_scotland
Update

Because of clerical strikes, my trial was postponed today.

This is really pissing me off now, I've had to appear 3 times, taking time off my work without pay (self-employed).

The police haven't disclosed a calibration certificate, there is no video evidence (which they said they had, but wouldn't show me). Above all that, they didn't turn up! The judge postponed the trial as they were doing with all of them today, even though they would have had nothing if it had went ahead.

The original offence was for doing not less than 70 over 0.3 miles. They also weren't using any fixed reference points (which I asked) and was obious they were catching up on me the whole time.

Even if it is dismissed, I will have lost so much time off work with these f'n court diets that it's hardly fair!
Pete D
You say "and was obious they were catching up on me the whole time." if you saw them why did you not take your foot off, you knew it was a 50. Pete D
Jon_Fisher
You should be able to apply for a wasted costs order to claim some costs back for the wasted day, although I'm not sure what you'll be able to claim.
Gaza
QUOTE (Jon_Fisher @ Wed, 20 Aug 2008 - 19:38) *
You should be able to apply for a wasted costs order to claim some costs back for the wasted day, although I'm not sure what you'll be able to claim.


Wrong I'm afraid Jon. This is a Scottish case: no costs to either side.
Steve_scotland
"if you saw them why did you not take your foot off"

I did and saw them catching up on me all the time...
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