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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80439
Experience:  Over 5 years in practice
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I got caught so called 'speeding'through dartford approach

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Good evening, I got caught so called 'speeding'through dartford approach twice in less minute 65 and 64 in a 50mph zone,I do have 5 points on licence,however logged in to view stills and check camera calibration certificates and these went out of date July 2019,if I plead not guilty,and argue in court will I I have a case for offences to be overturned. Thankyou.
JA: Do you need to appear in court?
Customer: I assume I will because I was in goods vehicle (3.5 tonne.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

I know exactly the stretch of road and the camera you mean!

Were you travelling in excess of 50 mph?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
64mph and 65 mph in a 50mph zone

Can you give me some time to look this up?

I think there have been cases on calibration now but I will check.

You don't need to sit online waiting. You will get an email when I respond.

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No problem,its just legality of camera and Kent police sharp lettering saying camera not wrong,but they are using it out of date.
Customer: replied 1 year ago.
Thankyou jo c.

Thankyou for your patience.

It took a while to find this as Iknew there was case law on it.

It isn't particularly good news I'mafraid and I find these pointless speed cameras annoying too.

Thebad news is that in relation to speeding offences this has been considered in acase called Clarke and the Crown Prosecution Service. That was in 2013 andalthough it is apparently an open source citation I can't find it onlineanywhere. I have tried to attach it to this answer so that may help.

In any event, a summary of Clarke isthat the officer had not followed manufacturers guidance nor the ACPOinstruction in relation to calibration and the defence argued that the devicecould not be relied upon. The High Court held that the manufacturer ad ACPOguidance reflected best practise but were not mandatory procedures.

That is not to say that the absence ofcalibration cannot be relied upon but of itself it does not invalidate thefindings unless there is some other reason to believe that the device is notoperating correctly.

That said, one thing you could do isthis. The police do not generally have much awareness of this case. Before 2010roughly it is fair to say that they used to drop cases if the device was notcalibrated. You could always write to them pointing out that the device is notcalibrated properly and therefore may be considered unreliable. You may belucky and they may just take no further action.

I'm very sorry because I know thatthat is bad news and it is a shame when points like this are lost to thedefence because people appeal them in circumstances where they could never havewon.

Can I clarify anything for you?

Jo

I hope that worked.