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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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I received a citation last saturday for a speeding fine i received

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I received a citation last saturday for a speeding fine i received on 31st March this year. I feel there are many mitigating circumstances to prove the police were in the wrong?
1. They were not visible, their car was parked around the corner
2. There were no 30mph signs on the road (I was doing 40)
3. The police officer was a special constable who ran onto the road in front of my car to stop me???
Can I contact the court myself before the court date which is april 2015 which to me seems quite a bit away for something so little?
I was thinking of contacting the court with my reasons stated above to see if I could get this resolved but I'm unsure if this is wise to do so soon?
Thank you for your question. My name is ***** ***** I will try to help with this.
Were you speeding?
Customer: replied 3 years ago.
Yes I was doing 40 mph in a 30 mph limit. But there were no speed limit signs etc as I said above. Also I'm certain they don't have photographic evidence of me.
There were no warning signs of the police operating in that area and they were not clearly visible.
Please forget all of that. Its a non issue.
Were there street lights at a regular pattern?
Customer: replied 3 years ago.
Yes I'm quite sure there are street lights. The court date is not set until April 2015? Shall I reply to the citation just now saying I'll plead not guilty and give my reasons??
Or will I need to go to court to and say my reasons.
I'm really sorry if I'm missing the point but I'm not sure on what basis you want to plead not guilty?
If the date is April 2015 then its probably set down for trial on that date which would suggest there has already been a not guilty plea either directed or submitted. You should change it I'm afraid.
The only point that might amount to an actual defence here is the speed limits signs and that doesn't apply.
On your specific points above
1 That is a non issue. All that is a complete myth I’m afraid.
There is no obligation to highlight the presence of a speed detection device at all. They are perfectly free to high them behind overgrown trees and catch motorists by stealth in law. Speeding is a crime like any other. The police are under no obligation to warn people of their crime detection methods. In fairness, if test purchase officers had to warn people of their presence they would never catch any dealers and the different here is just one of degree unfortunately.
The ACPO guidelines do say that they should be highlighted. They are just guidelines and not law. Many of the Constabularies ignore them and there has been case law that weakens any need to enforce them.
2 What they cannot do in law is obscure the speed limit signs in any way. Then the motorist would have a challenge. There are only three automatic speed limits in the UK. The first is 30 mph in a restricted zone signed by street lights, the second is 60 mph in a single carriageway without street lights and the third is 70 mph on a motorway. If they want to vary those limits then they need authority from the Department of Transport and they need to erect signs that amount to ‘adequate guidance’ under S85 Road Traffic Act.
However, the problem here is that this is a restricted road and you say there is a regular pattern of street lighting. If so there is no need for further signs.
3 A special constable is a police officer with all the powers of a police officer. In fact, they don't need to give you a notice of intended prosecution using a police officer anyway. Normally they are sent out by post by admin support staff.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Customer: replied 3 years ago.

I understand you have to give me truthful information. I have been told by someone in the police force that the police have to be visible hence the reason sped cameras have hi-visible stickers on them?

SO this is one of the reasons I'd like to plead not guilty. No plea has been made already as Iv'e just received the citation last Saturday. it states on the citation I have up until 2 days before the court date to respond to it.

Also I have been told further that the police do not prosecute under 40mph in a 30mph , I know i'm right on the threshold.

I think I might need to contact a local Lawyer possibly??

Police officers are not a good source of advice. They are very rarely legal scholars. What you have been told is a nonsense.
Please guilty. You will be convicted and made to pay costs of over £300.
You are not right on the threshold. People are prosecuted all the time for these speeds.
Jo C. and 3 other Law Specialists are ready to help you