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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69793
Experience:  Over 5 years in practice.
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unmarked car claim to check my speed at 84 in 60 zone, they

Customer Question

unmarked car claim to check my speed at 84 in 60 zone, they were non where in sight , we did accelerate over very short distance to give us time to get off the very busy road A96,
the police car approached as I was backing into my daughters drive, for the same reason as we accelerated the police car backed into the private drive and issued me with I fixed fine , was this legal
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
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 2 years ago.

they could not check me over any distance and did not ask who was driving, they assumed because I was in the driving seat to back my car in


they never asked who was driving

Expert:  Jo C. replied 2 years ago.
Unless they had a VASCAR device which is not likely in an unmarked car, they will have measured your speed by reference to their own speedometer which doesn't require distance. That is how speeding matters were always prosecuted before technology gave us the GATSO and other devices. An officer pursues you either along side or behind immediately or some way and gives evidence that he neither gained upon you or lost you and his own speedometer read X speed. Obviously that is not as precise as a GATSO or laser gun reading but its perfectly acceptable with large amounts over the speed limit.

In terms of identity, I'm really sorry but if you were found in the driver's seat only a short time after the incident with the engine running, keys in the ignition and no other person with you then the Court is going to accept you were the driver.

In any event, they can always use S172 to force from you the identity of the driver.

I'm very sorry.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69793
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.

there were four people in my car, there was no even in sight, when we started to reverse into my daughters drive way, as it is a busy road we all checked to make sure we would not hinder any traffic on the road we were almost in the drive when the police car was spotted speeding down the road

Expert:  Jo C. replied 2 years ago.

Obviously I don't know what their ID evidence is.

Part of your difficulty though is that you cannot deny being the driver because you were. I suppose you could invite them to prove it. It depends whether officers are saying they saw you in the driver's seat at the itme of the incident.
Customer: replied 2 years ago.

Thanks for help as I live in England it will be cost affective to just pay the fine, I just feel upset as we only increased speed over very short distance to avoid holing up any traffic which is why I assume the police car backed into private drive , the same reason for our speed increase. have a good evening

Expert:  Jo C. replied 2 years ago.
it is certainly cheaper to pay the fine than be convicted at court.

They may forget to summons you. That does sometimes happen.
Customer: replied 2 years ago.

there is no way they clocked me from behind, I really want to know if one "ping" from a stationary position, is suffice to prosecute, my Daughter lives in the area and informed me where they "hide"

Expert:  Jo C. replied 2 years ago.
If they were using a laser gun then it can be sufficient. That is how laser guns work.

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