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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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i have just been given a speeding ticket travelling 79mph in

Resolved Question:

i have just been given a speeding ticket travelling 79mph in a 50 zone. the police officer was on his own using a speed gun while parked. the office chased me down and i pulled over. the officer showed me the gun which read 79mph. i told the officer i cant believe i was going 79mph as there is a 50mph speed camera which i had driven through at 50.
while sitting in the police car the officer said he had video evidence to back this up. i asked if i could see it and he said no im not sure how to work the cpu. he then changed his mind and played with the computer for 10 mins or so. the only video footage he has is of my vehicle traveling 42mph and pulling over. the video did show the police mph when he was chasing me but no footage until he was directly behind me at around 40mph.
question: 1; do i have the right to appeal for the ticket to be cancelled on the grounds of no video footage exists?
2; what are the chances of this appeal being successful?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

were you speeding?
Customer: replied 3 years ago.

yes more than 50 possibly 60-70mph. i dont think it was 79 as i had just joined the duel carriage way. i was shocked when he showed 79 on the gun. this prompted me to ask to have a look at the video. it is possible i was going 79 i suppose.

Expert:  Jo C. replied 3 years ago.
You are always free to have a trial. You just refuse the fixed penalty which probably they would not offer anyway because of your speed proportionate to the limit, and invite them to summons you.

In terms of your chances, anything can be run. Whether you will succeed or not is another matter. I have not had full vision of this case. However, the officer will be saying one of two things. The first is that he measured your speed by means of a VASCAR device. The second is that he travelled alongside or behind you and measured your speed with reference to his own speedometer.

i think it must be the former because there was a gun.

However, he can rely upon the reading of his own vehicle's speed if it is supported by his evidence in court that he travelled with you and neither lost you or gained upon you for a period of time. Obviously he would need to convince the Bench that he is truthful and accurate on that point but if he does so then that is perfectly valid evidence.

You seem to accept speeding in any event. You can deny the actual allegation the Crown put to you as you do not accept that but that fact does rack up the risks.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

thank you. its the former. i can clarify that i was well within the speed limit by the time the officer pulled away in his car and also when i noticed him for the first time in my rear view mirror flashing me to pull over.


there is a 50mph speed camera no more than 500 yards in front of where the police officer was parked. i was travelling at 50mph max through that camera and 40 after that. all this happened in no more than 1/4 of a mile which makes me doubt that speed.


is a speedgun alone evidence of speeding in court ? does this alter your answer at all?

Expert:  Jo C. replied 3 years ago.
Oh yes, a speed gun can certainly be sufficient to prove a speed.

Its rare that a speed gun reading is rejected.

Customer: replied 3 years ago.

thank you

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

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