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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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Just got a speeding ticket for 36 in a 30 using a lti 20-20

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hi - just got a speeding ticket for 36 in a 30 using a lti 20-20 ts/m device - is it worth going to court or requesting full evidence. I have been sent a photo and certificate of conformity (but with no test results on)?
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
response attached and my request for information
Expert:  F E Smith replied 6 months ago.

Do you accept that you were speeding?

Are you in danger of being disqualified?

Or, are you a new driver or is this your first offence?

Customer: replied 6 months ago.
hi - i do not believe that I was speeding at the time so requested evidence, I am not in danger of being disqualified currently, but i drive a lot so do not want to add points. I am not a new driver and this not my first offence.
Expert:  F E Smith replied 6 months ago.

For some years now, since the loophole with regard to the calibration certificate became well-known, the police have been really hot upon making sure the certificates were up-to-date.

However it seems odd that they have not sent the certificate in already. It could be for a variety of reasons.

They are just being awkward. They don’t have it. They are going to produce it in court on the day because there is no requirement the magistrates court, for pre-action disclosure.

Personally, I would write back to them, thanking them for their letter and pointing out that they have not sent the calibration certificate. What you are asking for is not the test certificate but the calibration certificate.

Can I clarify anything for you?

Please rate the service positive. It is an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES

Customer: replied 6 months ago.
thank you for that input - what do you think the chances are of some other defence other than calibration. For example, procedure followed on the day, inaccuracies in measurement due to usage error etc. Will this go to court if challenged - is it worth it for them? Should I ask for other evidence - video footage, officer records from the day? If they don't need to disclose before court, how do i prepare?
Expert:  F E Smith replied 6 months ago.

If it was that easy, everyone would do it.

In the absence of any concrete lack of certification with the equipment, and even in the face of blatant failing to follow the ACPO guidelines you will generally get found guilty and the penalty would be double and you would also have to pay prosecution costs.

You ask whether it’s worth it for them. The CPS and the police don’t think of this in terms of money. If you go to court and have a fully contested trial, it will cost more, far more than the penalty.

You can ask for all the video footage and all the officer records and they may let you have them or not. Sometimes they do, sometimes they just say that you will be able to view the video on the day.

You can ask for a copy of the video footage under the Data Protection Act section 7 by making a Subject Access Request and paying the standard fee of £10. They have 40 days to reply. They can argue that it’s legally privileged for use in court proceedings and that they don’t have to produce it.

I’m going to be very honest with you and tell you that one in 10, if that, of these technical/loophole defences succeed.

Each time a loophole has been discovered, it is closed in a short time afterwards.

Whether you go to the trouble of defending this or not depends on how valuable your time is, to go to court, which will be a day and whether having the points on your licence makes a big difference.

Customer: replied 6 months ago.
ok - thanks for your feedback. I have until the 11th September to make a decision whether to accept the fixed penalty. If I request the calibration certificate it will likely be over that time. Should I request more time?
Customer: replied 6 months ago.
or just let the deadline pass if they haven't responded. Will that mean i'm going to court by default?
Expert:  F E Smith replied 6 months ago.

You won’t be allowed more time.

Being brutally honest with you, this was me, I would just pay the fixed penalty.

If you go to court, it will be a day in court which may or may not be time you can afford.

There are also the extra costs and the odds are against you.

If you let the deadline pass and you haven’t responded, you will have to go to court anyway and even if you plead guilty in court, you will incur prosecution costs and a higher penalty.

I’m sorry to be so defeatist but if there was a way out, everyone would use it as I said earlier. Would be different if you were a footballer with unlimited funds (you may be!) or an unscrupulous lawyer simply taking money off a client without having a really good prospect of success.

I’m sure you would rather I was straight with you.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8960
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 6 months ago.
That's great feedback. Thanks for your help

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