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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was stopped for speeding by an officer with a hand held speed

Customer Question

I was stopped for speeding by an officer with a hand held speed gun.....I'm not sure if it actually was on a tripod. I was ushered to slow down and then told to park in the near layby. The officer proceeded to tell me that I was doing 47mph in a 30mph zone and took my details and issued a fine of £100 + 3 penalty points...( he crossed out the figure of £60 and replaced it with £100). He confirmed that the hand held speed gun had been calibrated july this year.
At the time of this offence I was actually overtaking another vehicle.....so I had to increase my speed to do so.
Should this have been taken into account, or does it not make a difference?
And why was the fine increased to £100?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Its bad news I am afraid - the law says you must stick to 30mph even when you are overtaking.
Alex Watts : Overtaking and increasing speed is no defence I am afraid.
Alex Watts : As you say you asked about calibration but that is in order.
Alex Watts : The fines have recently changed from £60 to £100 - so it may be that they have old stock printed to use up.
Alex Watts : But sadly if you were doing over 30Mph then you have committed an offence.
Alex Watts : I know this is not the answer you want and certainly not the one I want to give you but I have a duty to be honest with you.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-vn0hfafm- :

does it make a difference to accuracy of the speed recorded if the speed gun was not on a tripod?

Alex Watts : Unless it is against the manufacturers guidelines then no.