Not just hogging the middle lane

Jack_Regan

Vicmeldrew wrote: »

And if ACPO guidelines are not followed, it should result in no evidence to offer.

It doesn't happen that way though...funny thing that!

Why?

Just because acpo say you should issues ticket at x speed don't mean you can't just report for summons.

Guest101

Jack_Regan wrote: »

Providing you can get part their data detection crap.

When did you last apply and use phone data in court?

I've not needed to, but it is admissable

alastairq

Re- their word agin yours?

In simple terms, the CPS would have to argue 'beyond reasonable doubt'....and all you have to do is demonstrate there is 'reasonable doubt'.

Which may well be nothing like 'their word against yours?'

Jack_Regan

Guest101 wrote: »

If it came down to that, I would research the alleged offences thoroughly and find and formulate my defence to a high standard, using the option of a solicitor if required.

You dont know me, so dont make assumptions.

Your research hasn't been very good so far so I'd suggest you'd need a psolicitor.

Guest101

Aretnap wrote: »

http://www.bllaw.co.uk/services_for_individuals/motoring_offences/news_and_updates/speeding_evidence.aspx



In R (on the Application of Bray) v Bristol Crown Court [2009] it was held that the fact that a laser speed detection device had not been calibrated in accordance with the manufacturer’s instructions does not mean that the device is no longer of an approved type. Accordingly, it was held that the speed reading produced by such a device was capable of constituting support of the officer's prior opinion as to speed. The Administrative Court also emphasised that the evidence from the device as to speed is only secondary evidence and it is the opinion of the operator of the device regarding the speed that is the primary evidence.

Connell v DPP is also relevant.

Jack_Regan wrote: »

Thanks for that, but then guest101 already knew that and is just playing with us.

Was not used to the MANUFACTURERS specifications, nothing to do with the Home Ofiice guidelines then. Thanks

Guest101

Jack_Regan wrote: »

Your research hasn't been very good so far so I'd suggest you'd need a psolicitor.

I would suggest everyone utilies a solicitor if charged with a criminal offence.

I havent been, and therefore have no need for such research.

You havent disclosed any qualification either, probably because you dont have any

Guest101

Vicmeldrew wrote: »

Try getting rec'd calls from your mobile supplier ;-)

In any event, 'use' is yet to be defined by the higher courts. It's still a free for all in Mags to interpret.

Thanks for making it easy!

It's not difficult, especially since it's the evidence the prosecution should be providing to the courts.

But you have your opinion, and i'll have mine

Joe_Horner

alastairq wrote: »

Re- their word agin yours?

In simple terms, the CPS would have to argue 'beyond reasonable doubt'....and all you have to do is demonstrate there is 'reasonable doubt'.

Which may well be nothing like 'their word against yours?'

But, as (I believe you?) metioned earlier, too many people in that situation get sucked into trying to "prove their innocence" and trying to sound like Rumpole of The Bailey - not to mention "attacking" the prosecution - rather than sticking to a nice, clear, simple defence that raises doubt.

Remember - if it ain't got big words and, preferably, a smattering of Latin then it ain't Legal talk! :rotfl:

Maestro.

Strider590 wrote: »

My GF had to get new tyres recently (I actually pushed her into it) because she was running cheap/nasty tyre's that would wheel spin even on a clear dry day. There's also one junction near me, which is always covered in grease/diesel, I nearly always get wheel spin at that point, in fact so does everyone else.

These new rules are a joke, they don't cater to things that cause a real problem, they just cater to things people moan about the most.

I think by wheel spin they mean flooring it and then dumping the clutch which ensues in a loud screech even in a 1.2 corsa. I don't think they're going to be out in force to get people whose cars naturally turn the wheels an extra half or so when pulling off...