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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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Fixed speed camera was in lowered position, back open with

Customer Question

Fixed speed camera was in lowered position, back open with 'engineer' in a dayglo coat attending to the inside when I went past. I know this because it caught my attention...and then the camera flashed. I accept that i took my eye off my speed but is the penalty valid?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there any reason you think it might not be?
Customer: replied 3 years ago.
It registered me as 40 in a 30! I don't recall being at that speed; additionally, if I challenge and ask for the pictures in evidence ( which may not show the road markings )!would this throw the radar evidence into doubt?
Expert:  Jo C. replied 3 years ago.
Were you speeding?
Customer: replied 3 years ago.
My attention was drawn to the side of the road and then my mirror when the camera flashed. At the same time I braked but hadn't registered my speed. I'll rephrase; if the pictures verify my speed then I will accept the penalty; however, do I have to head down the court route to get the pictures or can I ask for them without potentially wasting people's time. Additionally, has any precedence been set where a camera that was being worked on has bought evidence into disrepute?
Expert:  Jo C. replied 3 years ago.
Ok.

So were you speeding?
Customer: replied 3 years ago.
I'm obliged to say no, as I was travelling at Approx 25mph when I looked in and hadn't hammered the brake. I've got 25+ years driving experience with 2 prior speeding convictions and currently a clean licence, I'm not trying to beat the system but want to ensure that I'm not about to accept a conviction on the grounds that it is the easy thing to do. Just as you are of me, i wish to ask some questions to verify guilt or otherwise but haven' t got the first idea of how to go about it; hence the original question.
Expert:  Jo C. replied 3 years ago.
Why did you need to brake if you werent' speeding?
Customer: replied 3 years ago.
Just like all the people you follow past a speed camera within the speed limit and they brake; due to a lapse in awareness and recognition of a hazard; invariably after the hazard moment has passed.
Expert:  Jo C. replied 3 years ago.
OK.

Does that mean you were speeding? It would be helpful if you were clear about this with me and you are anonymous on here.
Customer: replied 3 years ago.
Jo that is the crux of my question, I don't think I was and as the camera was as previously described, is there any value in seeking pictorial evidence?
Expert:  Jo C. replied 3 years ago.
Well, it depends really on factors that are usually best known to the driver.

If you know that you were not speeding then it might be worth a challenge.

if you think that you might have been speeding then you can still put them to proof and maybe their evidence will fall short and maybe not.

The fact that the back was open does not mean the camera was not working. In fact, it must have been working to have flashed.

You do not have a right to the photographs before naming the driver under your S172 responsibilities. They have to disclose anything that they rely upon 7 days before the trial so you have to make the decisions about whether you are going to trial before you can demand sight of this evidence.

Its quite unlikely that the photographs would be pivotal anyway. GATSOs and other devices are just devices. Any device is capable of failing. However, they measure speed by a simple calculation of a phogtograph at point A and one at point B and then the distance by the time to work out the speed. They do not need road markings in fact. all they need is two fixed points in the road.

Hope this helps. Please let me know if you need more information.

Jo


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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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