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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice.
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I object to the evidence submitted in the traffic police

Customer Question

Hi - I object to the evidence submitted in the traffic police officers witness statement. Should I just write a letter outlining the grounds for my objection? Thanks
Submitted: 9 months ago.
Category: Traffic Law
Customer: replied 9 months ago.
The evidence is photographic evidence taken by a laser lite speed camera. My grounds are that it was taken through glass contravening ACPO guidelines...
Expert:  Jo C. replied 9 months ago.
I am really sorry but I wouldn't waste your time. It will not be excluded for this reason.ACPO guidelines are not law. Half of them are ignored regularly.If you are intent then you can try to exclude the evidence under S78 PACE but I wouldn't waste your energy I'm afraid.You can demand that they produce the officer to give evidence instead of reading his statement hearsay but it will be reflected in costs if you lose.Can I clarify anything for you?Jo
Customer: replied 9 months ago.
the officer said in writing they wouldn't take measurements through glass because of ACPO, light scattering effect of refraction etc..the photos show reflections which clearly show they were taken behind glass?
Expert:  Jo C. replied 9 months ago.
The officer has no idea. That being not at all uncommon.Don't waste your energy. This will not be excluded.
Customer: replied 9 months ago.
So on the basis that it will not be excluded and that I will contest out of principle anyway, it won't give the police any advantage if I object at this early stage, or should I keep my powder dry until the hearing?
Expert:  Jo C. replied 9 months ago.
Not particularly. You will have to tell them before you raise the argument in court though.

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