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miniman10
Can anyone help and please shed some light on what steps I should take

I was travelling to work for a night shift when I noticed in the distance at the top of a hill a reflective jacket in the road at this point I had just descended from another hill and was in the 'dip' between two gradients. I immediately hit the brakes more in panic as my first thought was there had been an accident, I then seen the blue flashing lights come on and was pulled in by a bike officer. He asked me the speed limit of the road and what speed was I doing and said he'd clocked me doing 48mph. I have no recollection of what speed I was doing due to the fact I was looking ahead at this object in the road as I as I descened the hill, I do know I dropped my speed to below 20mph at the dip in the road but feel to my suprise that the radar gun may of picked me up at the top of the gradient at a couple of hundred meters distance. I have a full clean license and would like to keep it that way but really only have one real argument, and that is that the officer was standing a couple of meters away from a electrical substation as he was pointing the device, is this really a good enough reason to argue the ticket or would I have to prove the substation is effecting the reading. Also the officer never showed me the reading of the speed on the gun at the time and he asked me to sign the ticket, which I did as I did not know any better until I started reading this forum. Any help greately appreciated..
Pete D
It is not clear who was operation the speed detection device. Ase you sure it was a radar device not a laser device. You have failed to tell us the applicable speed limit and what paperwork he gave you. No you have a FPN and or a producer. Regards Peter
nemo
There's no denying that successfully defending an allegation of excess speed following a road-side pull is invariably extremely difficult. In short, you would need to demonstrate a fundamental evidential or procedural flaw and convince a court that it would be unsafe to convict.

The officer's location would only be of relevance if you could show (or at least cast sufficient doubt) that the reading of the speedmeter was adversely affected by its proximity to the electricity sub-station. Difficult (some would say impossible) and a line of defence which could prove to be very costly if the prosecution decided to employ the services of expert witnesses.

The fact that you were not shown the reading on the speedmeter and that you signed the officer's paperwork are of no relevance to either accepting or contesting a FPN.

For what it's worth, the table below gives an indication of the likely penalties if you contested the FPN and were unsuccessful.

miniman10
QUOTE (Pete D @ Tue, 25 Jan 2011 - 12:56) *
It is not clear who was operation the speed detection device. Ase you sure it was a radar device not a laser device. You have failed to tell us the applicable speed limit and what paperwork he gave you. No you have a FPN and or a producer. Regards Peter


Thanks for your reply PETE,

It was a 30mph dual carriage way and it was a lone officer on a motorcycle that was purposely their to do speed checks using a handheld device (not sure if radar or laser) does it make a differance with interference from transformers, substations, radio waves, etc if it was laser or radar.
He gave me a yellow fixed penalty notice that I have to take to my local station and give my licence (both parts) and pay £60 fine. It has not been ticked to provide mot, insurance, etc just the licence. It is Merseyside police if this helps in identifying the instrument used.
Logician
It will not be enough to say that interference might have affected the reading, you would have to more or less prove that it is very likely. You may then be faced with expert witnesses denying it could happen. It is not likely to be worthwhile unless you are facing a totting ban. The officer probably picked you up much further away than you realised.
fandyboy
QUOTE (Logician @ Tue, 25 Jan 2011 - 13:55) *
It will not be enough to say that interference might have affected the reading, you would have to more or less prove that it is very likely. You may then be faced with expert witnesses denying it could happen. It is not likely to be worthwhile unless you are facing a totting ban. The officer probably picked you up much further away than you realised.



A substation would not change the speed of the photons emitted or reflected back to the device... You'd have to argue the transformers in the substation messed with the electronics in the speed gun, unlikely I'm afraid..
miniman10
Ok, this is a last chance saloon, and I 'am clutching at straws

I was clocked by a LTI Ultralyte 1000 doing 48mph on a 30mph dual carriageway (at a distance of 309.10 meters). I produced my doc's and paid my fine but when the officer in the station went through my license she noticed my address was differant to the address I'd given at the roadside. I had'nt even given it a second thought that I had'nt got my address changed since I moved from my parents house to my own home, it had been at my mothers address for years while I was in the forces as this was easier for insurance purposes with moving around alot, I have since left the forces but never got round to changing it. The officer would not accept the license and so said I would have to get it redone and apply for an extension to the producer expiry date. I did both, got an extension and applied for the re-issue of the license, but due to things going on (relative had a stroke and was hospitalised for a month) I forgot when the new expiry date was and it passed without me even realising. By the time I had realised it was too late and a summons arrived through the post.

These are my main queries

    The summons contains the officers witness statement that he has signed, but he has not had it counter signed (signature witnessed by box is empty) is this still valid

    The summons does not include a printout for the speed gun, does such a thing exist will it be brought out in court or can I request it before going to court. I would like to see this as the officer did not show me the speed on the gun, if the gun was set incorrectly to KMH 30mph in kmh would be 48.

    Can I request to see the speed gun calibration certificate before going to court, and how do I go about viewing this, would I be able to just go to the police station where the officer is based and ask to se it.
baggins1234
QUOTE (miniman10 @ Fri, 20 May 2011 - 13:20) *
    The summons contains the officers witness statement that he has signed, but he has not had it counter signed (signature witnessed by box is empty) is this still valid

    The summons does not include a printout for the speed gun, does such a thing exist will it be brought out in court or can I request it before going to court. I would like to see this as the officer did not show me the speed on the gun, if the gun was set incorrectly to KMH 30mph in kmh would be 48.

    Can I request to see the speed gun calibration certificate before going to court, and how do I go about viewing this, would I be able to just go to the police station where the officer is based and ask to se it.


1. Yes its still valid
2. As you were stopped at the roadside then there will not be a printout. The officer doesnt have to show you the reading but it is good practice to do so. Failing to show you is not a bar to a prosecution. It is not possible for an officer to change a 20/20 from mph to kmh.
3. You can ask to see it by all means. Ring up the officer and ask him nicely although he is not bound in law to show you. There will be a calibration certificate printed out by the manufacturer or his agent, plus there should be a sticker affixed to the side of the device.
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