Hello my name is ***** ***** I will help you with this.
So I am clear, this is adjourned for trial, is that right?
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?
Hello, why have you disappeared?
Hello, Alex Watts - why have you disappeared?
Hello, Alex Watts - why is the site now saying you have exited chat and have disappeared?
Hello, the system shows I am gone just when I switch screens.
The question was listed and I picked it up
How is it I can help?
Have you read my original notes
Yes the matter had been listed and I dont think it was heard. You had a DVD
You want to know if you are guilty of speeding
The photo showed you were doing 43mph
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?
No, I didn't have a DVD - yes it has been put back
I am a Solicitor that deals with all sorts of matters, including criminal.
I can't see any previous questions you have listed.
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!!!!!!!!!!!!!!!!!
This was my original note
You want to know if you are guilty of the offence even if you have been caught for as second
Do you accept that you were doing 35mph or over?
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
So you dispute the speed and the device used?
I do dispute the speed - and I must dispute the device used as he told me he hadn't photographed me speeding
device used was lti 20-20
Also, if you read my notes, CPS sent me NO paperwork before the case
Yes I can see that.
Its not clear, has the matter been set down for trial or was this a first hearing?
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
Ok - but the trial has been adjourned?
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
Am I right that if the trial had gone ahead I could have asked for dismissal because CPS did not send me the papers?
Yes that is right. You could have asked that it be dismissed.
But the Court wont have necessarily granted that, they may have adjourned it
But in terms of the evidence you want them to prove the device was working
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
Yes. It depends on the device. You need to ask the CPS to prove it was working.
to be honest that is a hard defence to run.
They will have calibration certificate, the item will be Home Office approved and the officer will be trained.
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
Ok, so you can challenge it.
But I suspect you are going to need your own expert evidence to show it was faulty.
for this we'd have to get hold of the camera?
so do i tell them i want the camera?
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
is it not a defence that the officer told me he hadn't photographed me speeding and thus, that is my defence
rather than deny it, he's just ignoring it - it did happen and that makes me very angry
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
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