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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70299
Experience:  Over 5 years in practice.
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How long should a traffic police calibrate a speed vehicle

Customer Question

How long should a traffic police calibrate a speed vehicle for before it can be regarded as speeding.
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.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Basically what happened was that, I was travelling on the A2 of 50 mile limit and I was within the limit but for one reason or the other I was in a situation whereby I almost collided with the truck in from of me and if I break suddenly the car behind might crash into my car. I overtook the truck in front quickly by going into the middle lane and when I looked at my rear mirror the truck was too close and flashed me again. I applied more gas and pushed forward abit then I slow down, five seconds later the police stopped me and said I only slow down because I saw the the speed camera and I explained what happened. I just received a letter that I have been summoned to court of 5th Aug. which state that I was track for 100metres before I was stopped.

Expert:  Jo C. replied 2 years ago.
If this is a police stop then they are probably not using a detection device. Your speed was almost certainly estimated by means of the officer travelling alongside or behind you and measuring your speed by his own speedometer. That was how speeding offences were detected before GATSO and other devices were discovered.
If they are relying on a GATSO device though then usually they are calibrated once a year although the case of Peake has effectively said that they don't need to calibrate them at all as long as the court finds them 'reliable'.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Although, it's police in car video device was used to measure the speed. Could you give advice on mitigation letter and to plead guilty without getting a ban. I had 9 points before which I have only just got 3 points off recently.

Expert:  Jo C. replied 2 years ago.
If it is a VASCAR device then they would face the same calibration as a GATSO although that isn't really consistent with him saying that you slowed down for the camera.
Did you have 9 points at the time of the offence?
Customer: replied 2 years ago.

No, 3 points just came off and I was left with 6 points. Is there anyway you can help with good mitigation letter? Which I can expand on.

Expert:  Jo C. replied 2 years ago.
Yes, I can look over a letter.
What were you going to say ? Obviously there is no one size fits all. It depends upon the specific aggravating and mitigating factors in your case.
Customer: replied 2 years ago.

I would explain the situation that lead to me being stop for speeding and I will add the following;

Since I haven't got enough evidence and the police did not see the incidence as I explained. I would like the court to know that I was aware that the police car was behind two cars away and it will be stupid of me to speed in 50 miles limit. I am asking the court to consider what could have happened if I didn't act quickly enough to avoid crashing into the truck in front. I would like to ask the court not to ban me because I rely heavily on driving to work and there is no other mains. I would also like the court to consider my 4 children, I have to drop them at school and nursery and as well as taking them to different activities during the week. I accept I have to pay more attention on the road. .. something like that. Please kindly review..

Expert:  Jo C. replied 2 years ago.
What speed were you doing?
Customer: replied 2 years ago.

I was at 48 to 50 miles limit, when the incidence happened and after I overtook the truck in front and when the police stopped me I was told 93 but the summon letter states 75 miles. Though, I have a doubt I couldn't have been in that speed in the short space of time.

Expert:  Jo C. replied 2 years ago.
That sounds more like a speed measured by his speedometer than a VASCAR device.
If you mitigate in the way that you mentioned above your guilty plea will be vacated and it will be set down for a trial on the basis that you are raising a defence.
With very high speeds travelled over a short distance you want to be focusing upon the shortness of any distance driven at speed, the absence of heavy traffic, the clemency of the weather etc if indeed you can do so truthfully.
I'm afraid though that if this was 75 mph in a 50 mph zone then you are facing 4-6 points or a short ban of between 7 - 28 days.
If you receive more than 12 points you will be a totter and then be banned for six months unless you can argue exceptional hardship applies.
Customer: replied 2 years ago.

If I plead guilty and not raise any form of defence in the mitigation and then mitigate just on hardship it will cause me and my family if banned. Do you think the I get a lesser point rather than ban.

It also state in the summon letter that if plead guilty I will pay the cost of £85, is it the only cost I will pay or could it include other cost?

Expert:  Jo C. replied 2 years ago.
No.
The first issue is what sentence is appropriate.
Then, if the sentence renders you liable to totting they will turn to the issue of exceptional hardship but you need to go to court to prove that. You have the burden of proof.
There is also a victim surcharge of usually about £35 and a court charge now of around £50.
Customer: replied 2 years ago.

Are suggesting that I plead guilty and write mitigation letter and attend the court to prove the hardship it might cause.

Expert:  Jo C. replied 2 years ago.
If you want to argue exceptional hardship that is the only way.
I'm happy to continue with this but please leave feedback for my answer.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.

Ok, Thank you If I have any more questions I shall let you know..

Expert:  Jo C. replied 2 years ago.
No problem.
All the best.

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