Device Not Tested Over The Distance It Was Later Used Over

Question:

On the 1/4/x I was caught on a mobile unit camera doing 80 mph, the Wiltshire police website has the offence details and on the picture it shows the vehicle was 298.9mtrs away from the camera which shows a certificate calibrated to a maximum of 100 mtrs, meaning that the detection device not tested correctly.

Could I argue the case that I was out of range for the equipment used?

it was a LTI 20-20 TS/M camera

Louise Says:

Potentially yes you could raise that argument. These devices are supposed to be able to detect speed over far greater ranges than those referred to here but if this particular device was not tested and deemed reliable over those sort of distances then you may be able to cast a doubt on the prosecution case.

The starting point has to be whether or not you accept speeding because that’s the first question you will be asked in cross examination. Having said that you may not have to give evidence on your own behalf if the doubt over reliability is strong enough.

This would be a very technical defence and you will struggle without expert evidence/cross examination to support your arguments.