How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Traffic Law Question Here...
Ash is online now

Following on from my last question ref a traffic offence,

Resolved Question:

Hi - following on from my last question ref a traffic offence, the operator has left the force and has not signed a s.9 witness statement so the CPS do not have a witness to confirm the equipment was used correctly, is this going to help my case?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Yes this may assist you. If a statement is not signed you can object to it. They would then either not rely on the evidence or call the witness to give evidence

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
the operator has left the force so I don't believe they will call her. My speeding case is based upon the equipment not being used correctly. Can I request information from the police as to why she left, I suspect misconduct in public office, which might also help me?
Expert:  Ash replied 1 year ago.

You can ask but they dont have to tell you if it would be a breach of the Data Protection Act.

Does that clarify? Alex

Customer: replied 1 year ago.
even if it relevant to my case? Would not relying on a witness statement weaken their case in the eyes of the Magistrates court?
Expert:  Ash replied 1 year ago.

Correct and yes.

Does that clarify? Alex

Customer: replied 1 year ago.
thanks, ***** ***** question; is internet photo evidence of common practice by the police admissible in court, to show that contravening the ACPO guidelines and operating camera vans in a certain way is pervasive in the police?
Expert:  Ash replied 1 year ago.

Nothing wrong with that, unless you are challenging they are NOT the guidelines.

Does that clarify? Alex

Customer: replied 1 year ago.
sorry please clarify...
Expert:  Ash replied 1 year ago.

Please clarify what?

Customer: replied 1 year ago.
Thank you Alex. Sorry I'm a bit slow today, why would I be challenging they are not the guidelines?
Expert:  Ash replied 1 year ago.

You asked can they use internet photo evidence.

The answer is yes.

Does that clarify? ALex

Customer: replied 1 year ago.
Sorry, but I meant that I want to use the photos as evidence of common practice to help my case
Expert:  Ash replied 1 year ago.

Yes you can do that. Both parties can.

Does that clarify? Alex

Customer: replied 1 year ago.
thank you, ***** ***** 4 or 5 stars?
Expert:  Ash replied 1 year ago.

Can you click on the stars or happy faces please.

If you can't please let me know.

Alex

Ash and other Traffic Law Specialists are ready to help you