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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I was caught speeding at 98 mph in April last year. My case

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I was caught speeding at 98 mph in April last year. My case is tomorrow, I received the witness statement from the police but not the calibration certificate. Is the police able to prosecute without this?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am afraid they are.
They always were able to carry on without calibration certificates.
The case of Peake is very damaging on that point though effectively establishing that even if the calibration is not done at all they can still rely on it unless the court finds it 'unreliable' which is hard to show.
Technology can fail obviously. However, there is always a presumption that it has not.
If you are hoping to rely on the absence of a calibration certificate then I'm afraid that will fail.
You can, of course, challenge the reliability of the device by putting them to proof. The risk is costs if you lose.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
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