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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70694
Experience:  Over 5 years in practice
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What does the law say about laser devices used

Resolved Question:

Hi, what does the law say about laser devices used for speeding cases, as I was stopped the other day on my motorcycle, the 2 officers in the car using the laser device weren't Police as such but both were Specials Constables, part time volunteers. Does it have to be Police Officers operating these devices or can anybody?
Thanks in advance for your help
Paul O'Brien
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.
A special constable is a police officer. They have the same status as a police officer. They are a police officer. There is no distinction in their status, powers and obligations.
Any person can operate these devices if they are using them correctly and therefore trained to do so but a special constable is a police officer in any event.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thx Jo, but looking on the specials website it says they wouldn't be involved with traffic duties, surely speed detection is traffic duties, and are they qualified to 'form a prior opinion of speed in excess of a posted speed limit' .
Expert:  Jo C. replied 1 year ago.
I wouldn't take any notice of their website. The police have no idea.
Operation of a laser gun is a traffic duty. They are perfectly qualified to discharge it if they have the appropriate training. Although any person can form a prior opinion. The question is whether they were trained to use the laser gun and were in fact using it in accordance with the guidelines.
Even then, even if you can show default, you still have to show that renders the findings 'unreliable'.
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