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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice.
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fixed penalty notice (endorsable offense )£100 on Tuesday17/06/14

Customer Question

fixed penalty notice (endorsable offense )£100
on Tuesday17/06/14 at 00:11 hrs,I was on the traffic petrol in full uniform as passenger of a marked vehicle car ...fleet number ...I was stationary North in A5,NW9 when I saw a silver Peugeot ....
the vehicle was travelling north towards me at a speed I estimated to be in excess of 30 MPH speed limit road.i was using a PRO LASER III ,a Home office approved speed detection device at the location. The device was correctly calibrated with the correct checks having been carried out.i sighted this vehicle in the head up display of the aiming aid of the PRO LASER III and i activated the device. it displayed a speed reading of 53 MPH vehicle when the vehicle was 840 feet away .I am satisfied that the laser correctly targeted this vehicle and that this was a true reading of the vehicle speed confirming my opinion.
I stopped the vehicle ,the driver gave me the following detail
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you question. My name is ***** ***** I will try to help with this.
What would you like to know about this?
Customer: replied 2 years ago.

I am sure that my speed was not so high , I was taking over a car with low speed .I would like to know how may i challenge this laser gun?My wife nad my daughter were with me and witness that I was not speeding .

Regards

Expert:  Jo C. replied 2 years ago.
That is always dangerous.
In truth the evidence of passengers is always fairly worthless. In cross examination they will nearly always admit they had no idea if the speed you were doing as the front seat passenger cannot see the speedometer and the back seat passenger would have no reason to look at it. The best you get out of them is evidence that you were not travelling faster than other traffic.
That said, you can always put them to proof and demand that the prove every element of the allegation including the reliability of the device. The risk of that is costs which could be unpleasant if the crown need to call an expert to comment on the device.
Ultimately a laser gun is a device like any other and technology can fail. It is generally easier than a GATSO to challenge because it depends upon method of operation and location.
If you are intent then usually the challenges are to whether the officer operated the gun correctly.
Can I clarify anything ?
Jo
Customer: replied 2 years ago.

Thanks reply

I understand what you are talking about. As you confirm " It is generally easier than a GATSO to challenge because it depends upon method of operation and location".

I heard that generally police should calibrate and update it regularly and If it is not calibrated ,it can show wrong speed.

I am looking case that shows this type of Laser Gun cannot be always right/accurate.

On the other hand in my car I always use a Tom Tom navigation. As soon as I pass the speed it started beeping until reduce the speed. At the time of being fined it was not ant beeping and warning.

I would like to hear your idea in this regards.

Many thanks

Expert:  Jo C. replied 2 years ago.
There has been very damaging case law on the point of calibration that effectively says it matters not even if it is not calibrated if the court finds it 'reliable' otherwise.
There isn't case law covering the reliability of these devices as it is a question of fact not law.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear Jo.c

I finally filled the appeal form,I accepted plea guilty.However I attached a letter confirming that because of my Medical condition and having two heart attack,I prefer plea guilty by post /not attending the court.

If you need I can attach the letter.So I did no attend the hearing/court.

Later I received a letter from court ,Stating that instead of 3 points by police, Court gave me 6 points plus some charges , total of something about £145.

Today I went to court asking form to take the issue to Crown court.

Meanwhile I had 3 points in my counter part refer to passing red light more than 3 years /less than four years ago.

I like to get some advice and I am waiting reply and what I have to to do.

Regards

RezaFallahi

Expert:  Jo C. replied 2 years ago.
What would you like to know about this please?
Customer: replied 2 years ago.

Dear Jo C

I would like to know how may I follow case with you .I know that there is some requirement before asking question,I mean charges,please let me know what should I do?Meanwhile I did not find any reply from your side.

Regards

Reza Fallahi

Expert:  Jo C. replied 2 years ago.
You will need to email customer services about that on***@******.***

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