Help - Search - Members - Calendar
Full Version: Can I be done?
FightBack Forums > Queries > Speeding and other Criminal Offences
m3gt2
Hi, after some help. Me and a freind today got pulled for doing 78 in a 40. The officer was on an unmarked bike that didnt have cameras but it did have a display saying and average of 78mph over 0.35 mile. But we were both well infront of him and he caught up at a rapid rate and surely that would be his average i.e. he was going much faster than us to catch up. Also he didnt give us any official paperwork (producer), he wrote our details on a scrap of paper, even though he had the producer notepad with him. Any help would be excelent cheers.
Hotel Oscar 87
Sorry but the crystal ball is on the blink this weekend so we'll need a little more detail to be able to answer the question.

Did the officer tell you you would be reported?
Did he use words like "You will be reported for consideration of the question of prosecuting you for speeding"?
Did the officer actually tell you that you were doing 78mph?
Did you produce your driving licence at the time?

At very nearly double the limit you would be unlikely to be given a fixed penalty.
m3gt2
QUOTE (Hotel Oscar 87 @ Sun, 25 Oct 2009 - 20:11) *
Sorry but the crystal ball is on the blink this weekend so we'll need a little more detail to be able to answer the question.

Did the officer tell you you would be reported? Told us we would have to go to court
Did he use words like "You will be reported for consideration of the question of prosecuting you for speeding"? No
Did the officer actually tell you that you were doing 78mph? Yes it was on a display on his bike, but no video and I can only assume that was his average not ours, and we were quite a distance ahead.
Did you produce your driving licence at the time? Yes

At very nearly double the limit you would be unlikely to be given a fixed penalty.



Thanks for your quick reply
BaggieBoy
QUOTE (m3gt2 @ Sun, 25 Oct 2009 - 20:29) *
QUOTE (Hotel Oscar 87 @ Sun, 25 Oct 2009 - 20:11) *
Sorry but the crystal ball is on the blink this weekend so we'll need a little more detail to be able to answer the question.

Did the officer tell you you would be reported? Told us we would have to go to court
Did he use words like "You will be reported for consideration of the question of prosecuting you for speeding"? No
Did the officer actually tell you that you were doing 78mph? Yes it was on a display on his bike, but no video and I can only assume that was his average not ours, and we were quite a distance ahead.
Did you produce your driving licence at the time? Yes

At very nearly double the limit you would be unlikely to be given a fixed penalty.



Thanks for your quick reply

I think you were expected to answer HO87's questions...
MartinHP71
He did baggie boy ... was in the quoted text ..

To the original poster, nothing you have said would stop it going to court and you losing. You have already said you were quite a distance ahead of him but believe the device was recording his distance, it wasn't. He recorded you at a speed of 78mph for a distance of 0.35 miles normally between known points on the ground so his distance to you is not as relevant just that he has you in sight.

He didn't and doesn't need to give you a producer, he would have checked details on the computer and you showed him your licence.

He warned you that you would have to go to court and this would be taken as a verbal NIP although wording can differ (although it shouldn't), sometime with the shock people forget the key words but you were stopped so you knew the location, the offence and that you would be going to court.
BaggieBoy
QUOTE (MartinHP71 @ Sun, 25 Oct 2009 - 22:59) *
He did baggie boy ... was in the quoted text ..

Doh!
desktop_demon
A numeric display showing the average speed sounds interesting. That sounds like some sort of time and distance speedmeter - maybe even a manual time and distance speedmeter. If a summons is issued then the police officers statement should tell us what the device was.

Was the OP stopped on a motorway or just a "normal" road or dual carriageway.
m3gt2
QUOTE (desktop_demon @ Sun, 25 Oct 2009 - 23:58) *
A numeric display showing the average speed sounds interesting. That sounds like some sort of time and distance speedmeter - maybe even a manual time and distance speedmeter. If a summons is issued then the police officers statement should tell us what the device was.

Was the OP stopped on a motorway or just a "normal" road or dual carriageway.

it was a dual carriageway thanks
Mayhem007
It would appear that the officer used a prescribed device that may not have type approval and therefore cannot be used as evidence against you.
C.T.C
Why would the Cops go to the trouble of fitting a device to one of their vehicles before it is type approved....?

Sounds like a standard VASCAR thing to me, you know.... time over distance equals speed.
m3gt2
sorry but i forgot to ask another thing. My mate is a taxi driver. Could/would the police inform the licencing council before it goes to court? Cheers
andy_foster
QUOTE (C.T.C @ Mon, 26 Oct 2009 - 10:33) *
Why would the Cops go to the trouble of fitting a device to one of their vehicles before it is type approved....?

Sounds like a standard VASCAR thing to me, you know.... time over distance equals speed.


You do realise that VASCAR isn't type approved?
m3gt2
Ok another question as it must have been a 'manual distance/time speedmeters' device and they are all not type approved (I think), does that make it insubmisible as evidance? Thanks
Oscar21
QUOTE (andy_foster @ Wed, 28 Oct 2009 - 19:38) *
QUOTE (C.T.C @ Mon, 26 Oct 2009 - 10:33) *
Why would the Cops go to the trouble of fitting a device to one of their vehicles before it is type approved....?

Sounds like a standard VASCAR thing to me, you know.... time over distance equals speed.


You do realise that VASCAR isn't type approved?



Are you saying VASCAR evidence cannot be used in court or the device does not need type approval?

There must be millions of convictions/fixed penalties issued on the back of these devices.
andy_foster
Since last summer, in car manual distance over time speedmeters have been prescribed devices for the purposes of s. 20 RTOA and therefore require type approval to be admissible. Last we've heard, the only such device that has been approved is the Cleartone Puma SE6.
m3gt2
i cant find any reference of that device being used on bikes does that mean the device on his must not have type approval then?
m3gt2
will just wait and see now
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.