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Ash
Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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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: 9 months ago.
Category: Traffic Law
Expert:  Ash replied 9 months 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 9 months 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 9 months 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 9 months 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 9 months ago.

Correct and yes.

Does that clarify? Alex

Customer: replied 9 months 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 9 months ago.

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

Does that clarify? Alex

Customer: replied 9 months ago.
sorry please clarify...
Expert:  Ash replied 9 months ago.

Please clarify what?

Customer: replied 9 months ago.
Thank you Alex. Sorry I'm a bit slow today, why would I be challenging they are not the guidelines?
Expert:  Ash replied 9 months ago.

You asked can they use internet photo evidence.

The answer is yes.

Does that clarify? ALex

Customer: replied 9 months ago.
Sorry, but I meant that I want to use the photos as evidence of common practice to help my case
Expert:  Ash replied 9 months ago.

Yes you can do that. Both parties can.

Does that clarify? Alex

Customer: replied 9 months ago.
thank you, ***** ***** 4 or 5 stars?
Expert:  Ash replied 9 months ago.

Can you click on the stars or happy faces please.

If you can't please let me know.

Alex

Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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