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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 stopped by a hand held radar gun. The police

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I was stopped for speeding by a hand held radar gun. The police officer was on her own and she stopped me about two miles down the road. There wa a line of traffic which I was driving within. She showed me the radar gum and it said 48 mph and it was a 30 mph speed limit. Should she stop me on her own and how am I to know that speed on her gun was my speed?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, she is perfectly free to stop you on her own. She doesn't have to stop you at all. She can send out a NIP by post within 14 days but clearly did not do so here.
Whet you know the speed relates to your car or not is not the issue. The issue is whether or not they can prove that it relates to your car. It isn't very complicated. Officers just give evidence that the device was operated with the ACPO guidelines and was pointed at your vehicle at the time and the readings are shown to the court. I have never seen a case where that is found to be inadequate unless there is some substantial doubt about the evidence and I used to prosecute traffic courts all the time. You can always put the Crown to proof on any criminal evidence but the risk is that you will lose and have to pay costs. Unless there is some substantial reason to doubt the findings of a device it is not usually a good idea to put them to proof on the off chance.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Ok so it's probably not worth contesting it?I just was really genuinely surprised I had been speeding when there was a lot of traffic and she didn't stop me until 2 miles or so down the road. I guess it's not worth contesting? How so I know it was me?Is it just trust that she is a police officer?
Expert:  Jo C. replied 1 year ago.
Well, it depends.
If you know that you were not speeding then it would be worth contesting.
If you are prepared to risk the money then it might pay off. They do forget to summons sometimes.
Laser guns reveal a number plate on their readings.
Customer: replied 1 year ago.
I'm just not 100 per cent if I was or not but just that how can they prove that it was my car speeding?The gun that she showed me had no reg number on the display. Just 48mph and nothing else
Expert:  Jo C. replied 1 year ago.
No, it isn't on the front of the device but it is on the print out when the matter is prepared for court.
Jo C., Barrister
Category: Law
Satisfied Customers: 69793
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thankyou
Would you recommend that I just pay the fine then?
I will rate your answer
Customer: replied 1 year ago.
How often do they forget to summons also?is that worth the risk?
Expert:  Jo C. replied 1 year ago.
It is really a question of which risk you prefer.
For my own part, I would never accept a fixed penalty. I would prefer to go to court and take the risk of being fined a bit extra balanced against the greater chance that they will forget to summons.
The truth here is that probably they wont offer the fixed penalty anyway because the speed is fairly high proportionate to the limit. Even if they have offered it they would probably withdraw when they realise the speed anyway so you might be taking no real additional risk in waiting for the summons.
If you need to avoid an increased financial penalty though then try to accept the fixed penalty in the hope they don't notice which does happen sometimes.
Customer: replied 1 year ago.
The police officer told me that that if I had been doing 50 mph then it would be an automatic summons so it must be at 50 mph that the summons takes effect in a 30 mph speed limit?
She did say that she would recommend me to do a speed awareness course as I need driving for my job. However in a 30 mph speed limit you can only take the course up to 42 mph. But she said due to my good nature also that she would put it on the form
Expert:  Jo C. replied 1 year ago.
If this is a 30 mph zone then they should be summonsing for anything over 41mph.
They do sometimes offer the speed awareness courses for much higher speeds though.
Customer: replied 1 year ago.
Hopefully they offer me the course. How much on average are costs if it goes to court?
Expert:  Jo C. replied 1 year ago.
If you plead guilty by post it will be about £85 plus a court cost of about £50 but there will also be a fine proportionate to your income.
If you have a trial then it will be nearer £600 though plus a fine.
Customer: replied 1 year ago.
What if I pleaded not guilty?
The officer told me it would be a fixed penalty or speed awareness course. Do u think it won't be?
Customer: replied 1 year ago.
Also how far can a speed security van track speed from.?
Expert:  Jo C. replied 1 year ago.
If this is a 30 mph zone then they should be summonsing for anything over 41mph.
They do sometimes offer the speed awareness courses for much higher speeds though.
If you have a trial then it will be nearer £600 though plus a fine.
Customer: replied 1 year ago.
Final question
If i do get a summons or if I choose that if a speed awareness course isn't an option then should I get a solicitor?
Thankyou for your help
Expert:  Jo C. replied 1 year ago.
They will usually send you an offer of either a fixed penalty or an awareness course if those are to be offered.
Only if you refuse those offers would they consider a summons.
You can get a solicitor but you won't get legal adi for it and, in truth, they probably wouldn't charge he outcome very much.
Jo C., Barrister
Category: Law
Satisfied Customers: 69793
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you

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