speeding offences

Hi Mr G

Please see the forum on Speedo reading; It was meant to be a reply to your plight but I stupidly gave it a different subject name.

[Rincewind]

I have heard that the first thing to do when the ticket comes through is ask for a copy of the calibration certificate, to proove that the camera was within its calibration period when you were clocked. Apparently somthing like 30-40% of cameras are out of calibration at any one time, and if they can not prove the camera was calibrated they can not prosecute (but only if you ask the question). If you don't ask for the cretificate they will go ahead with the fixed penalty anyway, or if it goes to court the court will automatically assume that as it was/is not being challenges then all parties accept the the camera was calibrated so they will not ask for proof either. (guilty till proven inocent).

Rincewind

the whole system is geared to scare you pay in x amount days £60 and 3 points or have time of work etc go to court an risk further penalties!

[JonathanM]

Magistrates do have a lot of training & support, so it isn't really fiar to paint a picture of them being ignorant of the issues in front of them, and besides, the clerk of the court is employed to provide guidance on sentencing etc, and this has pretty much always been the case.

Re right to silence, there has been a test case in the european human rights court, about incriminating youself by having to declare the driver. Got thrown out, so there isn't a way of trying to use human rights law to support an unwillingness to provide details.


Ultimately nowadays it just has to be seen that speeding is going to be punished, the best outcomes are going to be achieved through seeking appropriate legal advice. having said that, I'm not a lover of the cash cow machines on motorways etc, and I would like to see the urban speeders being caught more frequently. i do belive that there is a right time & place for speed, but the law diagrees. I have my own experiences of a near licence loosing court attendance for speeding on a quiet motorway with no adverse weather, in daylight (early morning) behind me, and find it very frustrating to stick to a 30 mph limit with people quite overtly exceeding the speed limt all around.

yes around schools and built up areas there is a need for low speed limit but on open motorway in good conditions you shouldnt be punnished!

[(RIP) PLANK]

any more news on what happened with this :?:

[Deleted Member S]

I forgot about Mr gadget & the flasher : If nothing has come through the door by now, it would not stand up in court as it's been over a month now :

alot don't have film :wink: just get flashed

[JonathanM]

Originally Posted by Sweety

I forgot about Mr gadget & the flasher : If nothing has come through the door by now, it would not stand up in court as it's been over a month now :

Not always. In terms of posting a NiP, the police have 14 days to send it out. They don't have to prove receipt of the NiP by the registered owner though - means the defence of not received can't be used.

In reality though they are pretty good at sending them out, so I would say Mr Gadget, if he didn't hear anything, was in the clear.