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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice.
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Just received notice of intended prosecution requesting driver

Customer Question

Just received notice of intended prosecution requesting driver details for speeding 85 in 70 on M25 between Junction 13/14. Is it worth trying to defend as it is very unclear these cameras are active or accurate?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Do you deny speeding?
Customer: replied 1 year ago.
I cannot remember if I was or not. Certainly don't remember seeing any flash of a camera.
Expert:  Jo C. replied 1 year ago.
Is this is a gantry device? I don't think they have them at junction 13 - 14
Customer: replied 1 year ago.
they call it an automatic camera device
Expert:  Jo C. replied 1 year ago.
Ok.
Are you prepared to risk costs?
Customer: replied 1 year ago.
I am if there is a good chance of winning. I suppose that is one of the questions I am asking you. What are the chances of successfully challenging the fine?
Expert:  Jo C. replied 1 year ago.
Well, they are always fairly low.
Firstly, it can only be tried at the Magistrates Court and Magistrates are generally biased in favour of the prosecution. They are actually not as bad as people think they are but it is fair to say that they are not really independent.
Secondly, this will either be a GATSO or a laser gun are both are very difficult to challenge. It can be done and it might succeed but nobody ever really has a good case. People do it usually either because they have to avoid a ban for work purposes or because they feel very strongly upon an issue.
Obviously I haven't seen the evidence here but I would usually rate a person's chances at about 10%. Some people are willing to run the risk for the opportunity of escape and some cannot.
You might be lucky. They might forget to summons. That does happen sometimes. You cannot rely on it.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thanks. I will return the notice with my details and see what happens.
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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