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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70405
Experience:  Over 5 years in practice.
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I was stopped a while back by a Police Officer,

Resolved Question:

Hi, I was stopped for speeding a while back by a Police Officer, & Later summoned to court, or to enter a postal plea, which at the time I did plead Guilty for the ease of it, but the court adjourned the case as they were considering a short disqualification period.
I since realized that the police officer's statement of facts does not reflect on what actually happened, ie the fact there were cars on the road around me, & one I overtook at the lights when passing, also there was a car behind me which was catching me up, until he spotted the police car and quickly turned off, which the officer commented on to me, stating that he would have liked to have stopped him as well. I am sure the gun could have been picking up the speed of the car behind me, as it would have been at an angle to the position of the patrol car, so with this in mind and the fact that the officer said there was no traffic what so ever I really want to change my plea, I have written to the court, and they have asked me to present a valid reason for the plea change. would the statement of true facts cast doubt on the whole prosecution, especially if I could find cctv footage of the fact there was traffic and there was another car with a higher rate of speed than myself very close to me?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Were you speeding?
Customer: replied 1 year ago.
I was doing over the speed limit, but I do not agree on the amount they say I was over, In testing there is no way I could have achieved 78 Mph I drive a golf not a F1
Expert:  Jo C. replied 1 year ago.
What was the speed limit?
Customer: replied 1 year ago.
40
Expert:  Jo C. replied 1 year ago.
Are you prepared to risk costs?
Customer: replied 1 year ago.
Yes, of course
Customer: replied 1 year ago.
What do I have to show to the magistrate to change my plea and, request time to collect evidence?
Customer: replied 1 year ago.
Hi Jo are you still there?
Customer: replied 1 year ago.
Is that the end of that then?wow
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 1 year ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.
Expert:  Jo C. replied 1 year ago.
Sorry if I am missing the point but I'm not sure what the point of getting it vacated would be ? You seem to accept speeding?
Customer: replied 1 year ago.
Sorry, I was unaware you were responding, and the point is I would have a problem being disqualified it would seriously affect my income, as I have recently started a driving for work as I am a Tour Manager. So I thought that if I could prove the evidence shakey, that would be better than trying to plead with them not to disqualify me,
Expert:  Jo C. replied 1 year ago.
There are two issues really.The first is that getting a guilty plea vacated is very hard to do. You can always apply on the basis that you were mistaken which might be allowed since you didn't act on legal advice but it can't be guaranteed.The second is that you seem to accept speeding. You can always put them to proof. That may pay off. You do need to be aware that you are taking a risk though.
Expert:  Jo C. replied 1 year ago.
The officer can give evidence upon the manner of use of the device and it's compliance with the guidelines. All they have to show is that the findings are 'reliable.'Magistrates are generally biased in favour of the Crown but not always in fairness
Expert:  Jo C. replied 1 year ago.
Can I clarify anything for you?Jo
Customer: replied 1 year ago.
The officer made a point that the road was clear in the statement about the reliability of the speed gun, this was not so... so wouldn't that be a misrepresentation of facts which could effect the evidence they are relying on?
Expert:  Jo C. replied 1 year ago.
No, it will make no difference really.They will almost certainly prefer the evidence of the officer anyway Im afraid. Magistrates are generally biased in favour off the Crown.
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