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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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I'm on 9 points and have just received a NIP in a

Customer Question

I'm on 9 points and have just received a NIP for 96mph in a 70mph dual carriageway. I am convinced that the laser reading is inaccurate. I requested photo evidence and two photos were produced - the first showing 96 mph at 1,600 ft distance, the 2nd showing 76mph at 300ft distance. I believe the 76 is correct, but if I plead not guilty to the 96mph, but even the second photo (at 76) shows me speeding, is this not worth the trouble defending, and best go for guilty plea with mitigation?
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you are likely to succeed at trial?
Customer: replied 10 months ago.
Hi Jo
I believe the first reading (96mph) is inaccurate and that I can summon up enough evidence to establish sufficient doubt concerning this to a magistrate. However, wouldn't the prosecution simply argue that I was speeding anyway (doing 76mph), so a fine and 3 points would still be applied.....if so, would all the work disproving the 96mph be worthwhile? Or - if I could disprove the 96mph, would that be sufficient to overturn the prosecution altogether? Clearly, on 9 points, I am very concerning about getting a driving ban, as I need the car for my work. Are magistrates prepared to question the accuracy of laser devices or do you think I would be fighting a losing battle on this? Thanks, Mark
Expert:  Jo C. replied 10 months ago.
It is fair to say that Magistrates are not particularly defence minded.
Nobody can make you plead guilty. You can always put them to proof on the accuracy of the device. Devices do fail sometimes. They are items of techhnology like any other. However, there is a presumption that they are in good working order unless you can show the contrary.
If you accept that you were doing 76 mph then that does make out speeding although they would have to specify one speed or the other. I think they are probably just saying that you were slowing down to avoid detection at the time of the second photograph.
If you need to avoid the ban and you are prepared to risk costs then you can always put them to proof though.
Can I clarify anything for you?
Jo
Customer: replied 10 months ago.
Thanks Jo
I can show that my average speed between the 2 photos was about 76mph so I wasn't slowing down....I didn't actually see the van! On the speed, I was thinking there is a 10% leeway on the speed allowed over the limit (70mph) to account for speedometer and gun accuracies, so that the CPS wouldn't prosecute at 76mph anyway. Is that correct? Mark
Expert:  Jo C. replied 10 months ago.
No.
They would very definitely prosecute 76 mph in a 70mph zone. All that is a complete myth.
I'm really sorry but this evidence does not show that your average speed was 76mph. The first photograph was at 96 mph and the second was at 76. That doesn't calculate an average of 76.
Customer: replied 10 months ago.
OK - but if the 96 is wrong (as I'm claiming), then a 76mph average would be correct. I think I'm going to have to run with this and plead not guilty and see where it gets me.
Expert:  Jo C. replied 10 months ago.
Yes, the only real risk is costs.

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