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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am being charged with speeding (43 in a 30). I saw the speedo

Customer Question

I am being charged with speeding (43 in a 30). I saw the speedo van in my rear mirror as I talked to my dying dog trying to placate her (she has since died). After letting her out of my car to 'explode' I returned to talk to the officer in the van to find out if he had captured me speeding or not. He confirmed not once, but twice, that he had not - 2 days later I received a speeding ticket, within which they offered me £100 and 3 points. I have pled 'not guilty' a) because of what he told me and thus, in any event I would not trust the camera and b) because 2 x photos were taken over a period of 5 seconds (very bad photos!) and I have returned to the scene to measure the road (approx. 330 feet) (Any cars would be out of sight at this point!) - according to my measurements over the measured piece of road I would have been doing 34.8 mph. The case should have been yesterday but we sat there from 1330 hrs to 1745 hrs due to a previous trial which had still not finished and the clerk called me into Court when they came out for deliberation and asked me if I wanted to seek 'expert guidance' (seemed to me that this was what they wanted to be able to remand the case) - I agreed as I've just had a leg operation, was not very well and under a lot of medication and was not feeling well by then. Thus, I came home. On returning home, I found the CPS Court Papers in my letterbox so as I don't know the form but I would have thought they should have sent them out before because if the case had gone ahead I wouldn't have even known the existence of these papers. Yesterday was the 13th, the envelope wasn't sent until the 11th (I have kept it). Someone says that I could ask for dismissal as I hadn't received them 14 days before - I don't know but as it's now been remanded, at their behest but putting words into my mouth............Also, when I told prosecuting as he came in whilst I was in with the Clerk basically telling me to give up as they had a DVD etc. (I knew none of this before that moment) that I had measured the distance and I could only have been doing 34.8 mph he told me that at the point (1st photo) it scored 43 mph he only had to prove that I was doing that speed in that split second - is this right? In a real quandry as they keep telling me I could get a much worse sentence if I don't give in - 41 years exemplary driving licence and we are now a year on from the alleged offence?? HELP!!!!!!!!!!!!!!!!!
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

So I am clear, this is adjourned for trial, is that right?

JACUSTOMER-26m6u3zw- :

Yes, Alex, can I just ask when I paid it was because a lady with specialist knowledge in traffic law came back to me and after I had paid, the site tells me that you're waiting to answer - why did they change the person who was going to answer me please?

JACUSTOMER-26m6u3zw- :

Hello, why have you disappeared?

JACUSTOMER-26m6u3zw- :

Hello, Alex Watts - why have you disappeared?

JACUSTOMER-26m6u3zw- :

Hello, Alex Watts - why is the site now saying you have exited chat and have disappeared?

Alex Watts :

Hello, the system shows I am gone just when I switch screens.

Alex Watts :

The question was listed and I picked it up

Alex Watts :

How is it I can help?

JACUSTOMER-26m6u3zw- :

Have you read my original notes

Alex Watts :

Yes the matter had been listed and I dont think it was heard. You had a DVD

Alex Watts :

You want to know if you are guilty of speeding

Alex Watts :

The photo showed you were doing 43mph

JACUSTOMER-26m6u3zw- :

I'm sorry, I see the question was listed and you picked it up but previous to that after I had typed the question, a barrister said she was waiting for me and she apparently has massive knowledge of traffic law and it was on that basis that I paid. After paying, you came online whereas I was expecting the previous lady. I only ask these questions because your speciality is not traffic law?

JACUSTOMER-26m6u3zw- :

No, I didn't have a DVD - yes it has been put back

Alex Watts :

I am a Solicitor that deals with all sorts of matters, including criminal.

Alex Watts :

I can't see any previous questions you have listed.

JACUSTOMER-26m6u3zw- :

I am being charged with speeding (43 in a 30). I saw the speedo van in my rear mirror as I talked to my dying dog trying to placate her (she has since died). After letting her out of my car to 'explode' I returned to talk to the officer in the van to find out if he had captured me speeding or not. He confirmed not once, but twice, that he had not - 2 days later I received a speeding ticket, within which they offered me £100 and 3 points. I have pled 'not guilty' a) because of what he told me and thus, in any event I would not trust the camera and b) because 2 x photos were taken over a period of 5 seconds (very bad photos!) and I have returned to the scene to measure the road (approx. 330 feet) (Any cars would be out of sight at this point!) - according to my measurements over the measured piece of road I would have been doing 34.8 mph. The case should have been yesterday but we sat there from 1330 hrs to 1745 hrs due to a previous trial which had still not finished and the clerk called me into Court when they came out for deliberation and asked me if I wanted to seek 'expert guidance' (seemed to me that this was what they wanted to be able to remand the case) - I agreed as I've just had a leg operation, was not very well and under a lot of medication and was not feeling well by then. Thus, I came home. On returning home, I found the CPS Court Papers in my letterbox so as I don't know the form but I would have thought they should have sent them out before because if the case had gone ahead I wouldn't have even known the existence of these papers. Yesterday was the 13th, the envelope wasn't sent until the 11th (I have kept it). Someone says that I could ask for dismissal as I hadn't received them 14 days before - I don't know but as it's now been remanded, at their behest but putting words into my mouth............Also, when I told prosecuting as he came in whilst I was in with the Clerk basically telling me to give up as they had a DVD etc. (I knew none of this before that moment) that I had measured the distance and I could only have been doing 34.8 mph he told me that at the point (1st photo) it scored 43 mph he only had to prove that I was doing that speed in that split second - is this right? In a real quandry as they keep telling me I could get a much worse sentence if I don't give in - 41 years exemplary driving licence and we are now a year on from the alleged offence?? HELP!!!!!!!!!!!!!!!!!

JACUSTOMER-26m6u3zw- :

This was my original note

Alex Watts :

You want to know if you are guilty of the offence even if you have been caught for as second

Alex Watts :

Do you accept that you were doing 35mph or over?

JACUSTOMER-26m6u3zw- :

I don't think I do accept it as a) the officer using the camera said he had NOT photographed me speeding. I have no idea what speed I was doing which is why I went back to speak to him. However, having measured the road etc. and working my speeds out over the 5 x second period of the 2 x photographs they sent me my speed would have been 34,8 mph

Alex Watts :

So you dispute the speed and the device used?

JACUSTOMER-26m6u3zw- :

I do dispute the speed - and I must dispute the device used as he told me he hadn't photographed me speeding

JACUSTOMER-26m6u3zw- :

device used was lti 20-20

JACUSTOMER-26m6u3zw- :

Also, if you read my notes, CPS sent me NO paperwork before the case

Alex Watts :

Yes I can see that.

JACUSTOMER-26m6u3zw- :

ok

Alex Watts :

Its not clear, has the matter been set down for trial or was this a first hearing?

JACUSTOMER-26m6u3zw- :

It was set for trial yesterday. I didn't know I was to expect papers from CPS so had not received anything - I found them in my letterbox yesterday (AFTER trial was set back) thus if trial had gone ahead I would have known nothing about these papers

Alex Watts :

Ok - but the trial has been adjourned?

JACUSTOMER-26m6u3zw- :

As the previous trial went on and on, they all wanted to go home last night so it was suggested to me by the clerk that I want it put back to seek expert help - I just went ahead with what everyone wanted

JACUSTOMER-26m6u3zw- :

yes, adjourned

JACUSTOMER-26m6u3zw- :

Am I right that if the trial had gone ahead I could have asked for dismissal because CPS did not send me the papers?

Alex Watts :

Yes that is right. You could have asked that it be dismissed.

Alex Watts :

But the Court wont have necessarily granted that, they may have adjourned it

JACUSTOMER-26m6u3zw- :

i see

Alex Watts :

But in terms of the evidence you want them to prove the device was working

JACUSTOMER-26m6u3zw- :

yes and it would have been nice for the officer to admit we talked - but he hasn't done that. They tell me that they calibrate annually and they tell me they have a calibration certificate BUT just because it was callibrated doesn't mean it was working

Alex Watts :

Yes. It depends on the device. You need to ask the CPS to prove it was working.

Alex Watts :

to be honest that is a hard defence to run.

Alex Watts :

They will have calibration certificate, the item will be Home Office approved and the officer will be trained.

JACUSTOMER-26m6u3zw- :

According to a home office report £600M worth of speeding tickets have been incorrectly charged to motorists - I still measured the road and during the 5 seconds during which they tell me was between the 2 x photos they sent me it would have been impossible for me to hit 43 mph - it works out at 34.8 mph

Alex Watts :

Ok, so you can challenge it.

Alex Watts :

But I suspect you are going to need your own expert evidence to show it was faulty.

Alex Watts : You can find court approved expetts online and they can produce a report or attend court to say why it's fault.
JACUSTOMER-26m6u3zw- :

for this we'd have to get hold of the camera?

Alex Watts : have you alerted the cps this is your defence as you need to.
Alex Watts : you can't just spring it on them at court
JACUSTOMER-26m6u3zw- :

so do i tell them i want the camera?

JACUSTOMER-26m6u3zw- :

also, what validates a mitigating circumstance IF they say I'm guilty - I have a letter from my vet confirming that my dog was dying and that she was under palliative care

Alex Watts : Yes you can ask for the camera to be inspected by your expert
Alex Watts : What you have said is mitigating even if not a defence
Alex Watts : Can I clarify anything for you?
JACUSTOMER-26m6u3zw- :

is it not a defence that the officer told me he hadn't photographed me speeding and thus, that is my defence

Alex Watts : no
Alex Watts : Indeed I am sure the officer would just deny it
JACUSTOMER-26m6u3zw- :

rather than deny it, he's just ignoring it - it did happen and that makes me very angry

Alex Watts : thren you can put that to the officer
JACUSTOMER-26m6u3zw- :

does the split second speed count (although I still think it.s wrong) I thought it had to be speed over distance and again, having measured it, there is no way I hit that speed

Alex Watts : well that would be a matter for your expert to comment on calculation
Alex Watts : but they tend not to prosecute unless over 34mph
Alex Watts : can I clarify anything else for you?
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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