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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was pulled over on the A20 in London for allegedly doing

Customer Question

I was pulled over on the A20 in London for allegedly doing 62 mph in a 40mph speed limit road with a hand held laser camera. The officer showed me the reading and said this was I think at 900+ ft but could be 600+ft. I disputed the reading as When I looked at the speedometer at the time I saw him with the camera I was doing below 45. I said to him that I was slightly over 40 but dropped to 40 as soon I realised that. He said that in normal circumstances he would take me to court as I was over 50% of the limit but decided to issue a 100GBP fine and 3 points on my license when he realised I was a doctor. He took my photo and asked me to sign what I said earlier. I did not have my license with me and he asked me to surrender it within 7 days to my local police station. I have not paid the penalty. I was on the left lane of the A20 and cannot remember if there were cars passing me. The police car was parked in a parking bay with no light on at night and the officer jumped in the middle of the road to stop me which I thought was dangerous. I am 57 and never had any speeding convictions or points. Unfortunately I drive an AUDI R8 and my previous car was a BMW M6, information that was available to the policeman through the DVLA I presume. Questions: What are my chances of success if I appeal? Do I have to surrender the license if I decide to appeal?
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 :

1. You can't appeal. If you contest the ticket then it will go to Court. If you plead not guilty the matter will be listed for trial.

Alex Watts :

2. No, you keep the licence.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-p9b4stxu- :

What will be my chances of success if I plead not guilty and go to court considering the circumstances I listed and the fact that it was a laser device which does not record the registration of the car?

Alex Watts : The officer is likely to say he was pointing at your car and he was sure you were caught.
Alex Watts : The court are likely to believe him sadly
JACUSTOMER-p9b4stxu- :

This is what the police would tell me, I need a legal view. It appears that these cameras are not accurate, need calibration, subject to change with hand movement, in a dual carriage way they can point at other cars, do not record registration, can be affected by mist, have to be in a visible place ... etc. Do you have any experience with cases that have gone to court or is this just a generally held view regardless of the circumstances?

Alex Watts :

You need expert evidence to show the camera was faulty. The issue here is the machine will be calibrated, the kit will be home office approved and the officer will be trained. In my experience it is very hard to have a defence like this. Remember you are not the first person to raise these defences, the courts have heard them before.

Alex Watts :

Unless you have any credible evidence the kit was faulty or that the officer did not know what he was doing you are likely to be found guilty.

Alex Watts :

I am sorry if 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

Alex Watts :

Can I clarify anything for you about this today please?