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FightBack Forums > Queries > Speeding and other Criminal Offences
Pvmashup
I have just been pulled over for speeding, given a £60 fine and 3 points, but it can't have been me.
I was traveling up the a259 out of seaford toward eastbourne. (it was dark, dry)
I was behind two cars, they both then took a left, at this point i could only have been doing 10mph, probably under, as the cars turned in they revealed the two traffic police in the lay-by up ahead.
one of the policeman instantly stepped out into the road with his hand in the air signaling me to pull over.
He showed me his handheld speed gun which said 44 at 169 meters.
I said this can't have been possible, and asked him how far away he thought the turning was, he said about 170 meters.
Then how did I get to 44 in an instant ?..
I suggested that he must have it wrong, and I contest what he says,
He said the machine dosent lie......

What hope do i have contesting this?
It seems it's just his word against mine,
Are these machines accurate at night?
Are they accurate with bikes at night?

I am so annoyed, I'm not Barry sheene, I'm 41, commute on a 400cc trials bike, and have been riding since I was 17.
I was pottering home, not speeding and feel that the police have made a mistake but I can do nothing about it.... Can I?

He even told me that he could give me a further fine for having a dirty numberplate, really... Is it my fault that the roads are dirty in the winter....

roadrunner 163
can you put a goolemaps link in at the spot you were stopped?

Dirty number plate is a £60 fine no points though.
Pvmashup
142-146 Eastbourne Rd, seaford on google maps, not sure how to embed the map on this device....
I was heading east, I would have been at the junction with Stirling ave when he clocked me.

I did also have dirty boots, perhaps that should have been another £60... :-)
roadrunner 163
Just crude measurements from Google. 170 meters from the lay by puts you in line with the red car on the aerial view and 50 meters prior to the junction.
the obvious question here is if your behind the cars how did they get a reading from you? That could be a point to contest but it really depends on the evidence / view of the police and if you were speeding in this area?
Only a not guilty plea and a view of their statements as a result would tell you what they saw.

To answer your questions though:

its your work against 2 police officers and a speed gun. You need to discredit 2 out of the 3.
Accuracy at night and on bikes are both very much a yes..

The only point; playing devils advocate here is that I would be surprised if it were the cars slowing to turn that recoded the speed and as a biker I would assume a bike to adopt an offside position to continue seeing a clear road ahead rather than slow being the cars. only you here know if you were speeding prior to the junction and what the police may have seen but off the crude measurements you need to consider the speed you were doing 50 meters or so before the junction..

It is difficult but not impossible to contest this by requesting a court appearance and pleading not guilty when a summons arrives but To be honest I personally don't fancy the odds against you. Others may have more to say in particular regarding the close proximity of the other vehicles.

http://maps.google.co.uk/maps?f=d&sour...mp;t=h&z=19
Pvmashup
Thanks for your reply on this...
I was defiantly behind the cars and not in a position on the outside of them, there is no way they would have seen me apart from that my bike is relatively tall...

Hmmm what to do....

And as I say we had all slowed to at most 10 mph
The Rookie
If they had you in site doing the same speed as the cars in front, they only have to measure the front one and put forward their opinion you were travelling at the same speed and that will be enough to convict.

HOWEVER if you gamble and go to court and they forget about the 2 cars in front of you, so there is no such opinion, and they then admit they were there (or the Mag's believe you) then you may have a chance, it depends on how well they have their 'ducks in a row'.

Simon
roadrunner 163
In theory I agree with you simon but in reality that is a shaky prosecution.

Forming an opinion of a vehicle 3rd in a row is borderline at best but has been accepted in court. However the only one that springs to mind was a convoy of paced vehicles by a police car over a distance.
Over a short distance and the front 2 could well have been speeding and then decelerated to slow giving a bike doing the legal limit time to catch up is not a good basis for prosecution....

The descriptions of the events would have to be spectacularly accurate or the OP'S speeding blatant to secure a conviction.

A gambling man with a few spare pounds and a clean licence may be tempted to fight that but one it really is a 50/50 chance at best and really depends on the events as you recall them as that's the most accurate guide of what the officers will have in their statements. You would need to discredit 2 of the 3 witnesses.
Broadsword
I'd consider an FOI request for details of other speeders caught that day at that location, as in 1) how many and 2) what speeds were recorded.

Maybe you weren't the only one "caught" at 44mph.
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