Continuation Of Speeding Debate

Question:

Many thanks for your reply. I have now viewed the area around where the alleged offence took place and have noticed that the signage has now changed since when I last contacted you. Originally when exiting the Mx junction 5, there was a 30 mph sign about 20 or 30 yards from the end of the motorway exit slip road (on left hand side).

This sign was circular with a white background, red edge and black numbers. This sign now has gone (although part of the post is still visible). It has been replaced by 2 similar signs either side of the road at the junction of the exit roundabout. x Road Ax is the first exit off the roundabout but has no street lighting for a few hundred yards until the combined 30mph and speed camera sign.

The Mx runs alongside this road, with an occasional tall motorway light on right hand side. Is there a case to defend here or do you need to see some photos ?

Secondly I’m sure lots of people have tried to defend themselves against speeding offences unsuccessfully in court but I was wondering how many of them actually requested police speed camera training, maintenance and calibration data plus I also thought that the sighting of speed camera equipment was itself subject to rules (i.e. accidents data etc) which can be tested in court?

Did those who went to court for instance cross examine the police officer and test the Vascar or other speed camera equipment in court? I have been led to believe that the police often can’t produce some of this information or that it is incorrect or that the officers often are unable to attend court.

I have been also led to believe that quite often after an adjournment or two the case is discontinued, maybe due to the police not having the time or the will to produce all the evidence.

Is any of this correct or should I not rely on this ? I only have about 10 days to accept the conditional fine offer or defend myself in court and am wondering what to do.

Many thanks
x

PS how can it be legal to send someone a demand for money in the form of a conditional offer threatening court action over an offence which may or may not have occurred without providing any evidence of such an offence for me to consider?

This is surely against my human and civil rights as I am effectively being threatened that I either pay up regardless of guilt or face further costs in court regardless of the outcome. This is simply not just and should be challenged.

Louise Says:

A fixed penalty offer with a threat of court proceedings if you don’t accept it is perfectly legal and you wont win any human rights argument. You have a right to have a trial if you don’t want to accept it. Therefore your human rights are intact.

Most officers are very well prepared and experienced in relation to court trials and come to court and prove their case beyond reasonable doubt. Hence the fact that 79% of people that challenge road traffic offences at court get convicted. If you think that by having this book you will win your trial you are wrong. You will win your trial if you can cast a doubt on the evidence. The police and the CPS have heard it all before and will be well prepared for your arguments.

You have to know the difference between statutory requirements and ACPO guidelines. They are not the same. The police do not have to prove it was an accident black spot to convict you. They just have to prove you were speeding. If you take a scatter gun approach to your defence you will lose credibility and lose the trial.

Nearly everyone that emails me says they are going to challenge the calibration evidence, training records etc etc. Doing that in reality is not easy. Most of those who try go to pieces at court and get eaten alive by the CPS who are fully qualified lawyers. Most people don’t understand the disclosure rules and assume they are entitled to see everything.

There is good case law to suggest you are not allowed to go on a fishing exercise with the evidence and you only get to see evidence if the CPS intend to use it or if it potentially undermines the case against.

In any event that’s why 79% of people get convicted.

If you accept you were speeding take the ticket. If you don’t take it to court and consider instructing an expert (maybe me) to help you.