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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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On 17th Dec my wife and i were driving back the 1.5 hrs journey

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On 17th Dec my wife and i were driving back the 1.5 hrs journey home along Corstorphine Rd, a major arterial road out of Edinburgh. Unsure who was driving - picture shows only number plate in total darkness.
First indication we had allegedly been going at 40 mph was when we received an unseasonal Police Scotland letter [with £100 fine Notice] on our return from Christmas on 31st Dec .. edge of 14 day min time ? I sent for calibration of GATSO equipment [GS11 camera] ; their reply listed 17 parts sounding more like a microwave cooker, certified on 3 March 2015 ..unsure that ,over 10 months later, this equipment is still reliably accurate ?
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.
Is there any reason you think it may not be?
Customer: replied 1 year ago.
May not be WHAT ..? Lost !
Expert:  Jo C. replied 1 year ago.
Sorry?
Customer: replied 1 year ago.
You write "Any reason you think it may not be " !
Customer: replied 1 year ago.
Hello Jo .. anyone there please ?
Customer: replied 1 year ago.
Hello hello ?
Expert:  Jo C. replied 1 year ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.
You asked if the equipment is still accurate. Is there any reason you think it might not be?
Customer: replied 1 year ago.
Sorry Jo. Tired and need to get to bed ! You have provided the vital noun 'Equipment'. Answer : there was a question some time ago that such equipment could NOT be certain of accuracy unless checked every few months ..ring a bell ?
Expert:  Jo C. replied 1 year ago.
No but there are lots of similar questions.
There is a good deal of nonsense on the internet on this point.
Calibration used to be done every twelve months fairly religiously. If it wasn't done usually that would bring an end to any speeding prosecution until the case of Bray.
The case of Bray was a stupid appeal to bring but unfortunately it was brought. It has established that they don't need a calibration certificate at all to rely on the findings of a GATSO as long as the findings are found to be 'reliable'. Every device is presumed reliable unless there is some evidence to the contrary.
If you are Scotland then Bray is not binding but it is persuasive authority.
Unless you have some evidence that this device was not reliable I wouldn't put them to proof on this point.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thanks for that point - even if does seem somewhat draconian , assumes the State is always right unless proved otherwise !
So other points ? : not at all certain if wife or self driving back that night [i usually drive the car at night, but may have been tired as have back problem and Forth Bridge closed on way in took me twice as long ! Do main thoroughfares need to be signed with 30 mph posts ?
Customer: replied 1 year ago.
Hello , from 12 mins ago ? Can you clarify -
1] I believe one cannot claim the wife / husband was driving [there was a legal loophole , now closed , about testifying against spouse i think ?]
2] Q re adequate speed-posting in a main arterial road ? .. none seen that night, but i dont live there.
Expert:  Jo C. replied 1 year ago.
Well, it is not the state. It is their devices. Devices are generally right unless they are faulty in which case some evidence can be raised
It doesn't matter whether you are certain or not. The law requires you to investigate and find out and if you do not they will summons you for failing to identify which carries 6 points.
30 mph is the automatic speed limit if signed or a regular pattern of street lighting.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
sounds a non-starter then i fear, on all counts. And nearly on empty, dual carriageway to airport.
Thanks
RDS