Speeding ticket, calibration certificate

JulieD123

Hi.
My husband got a speeding ticket through post from Kent Police. Signed into their website to check offence and opening their calibration certificate for that speed camera. Says expiry date is July 2019. Does that mean the certificate is invalid and we could appeal the ticket?

SHAFT

JulieD123 wrote: »

Hi.
My husband got a speeding ticket through post from Kent Police. Signed into their website to check offence and opening their calibration certificate for that speed camera. Says expiry date is July 2019. Does that mean the certificate is invalid and we could appeal the ticket?

You cant appeal a ticket, your only chance is reject it be summonsed to court and plead not guilty. Bit of of a risk to reject a course if they then produce a certificate.

Car_54

No. That’s a common myth.

And you can’t ‘appeal’ a ticket. You either accept any offer (a fixed penalty or course), or it goes to court. In your husband’s case, the onus would be on him to prove the camera was faulty. The lapsed certificate doesn’t do that.

TooManyPoints

Yes, if your husband takes this matter to court the prosecution does not have to prove that the device can be relied upon to measure his speed. He has to prove that it cannot. An approved device operated in the approved manner is assumed to be accurate unless the contrary can be proved. The burden of that proof rests with the defendant if he defends the matter on the basis of an alleged unreliable device.

An out-of-date calibration certificate does not prove the device was faulty (nor does the absence of one entirely). It may assist if there is other evidence to suggest a malfunction but on its own it is of no help.

Whatever issues your husband may have with the signature offence (speeding) he must respond to the request for the driver's details. Failure to do so means he commits a separate, more serious offence which means a court appearance, and, if convicted, a hefty fine, six points and an endorsement code that will see him face considerably increased premiums for a number of years.

waamo

The device may well have a current certificate. There is the possibility the website hasn't been updated.

JulieD123

Ok thanks, is there any way of finding out if they have an updated certificate?

TooManyPoints

Ok thanks, is there any way of finding out if they have an updated certificate?

You could ring them up and ask them. Why do you need to know? Has your husband any reason to believe the device is faulty or unreliable?

bigisi

TooManyPoints wrote: »

Has your husband any reason to believe the device is faulty or unreliable?

Of course not, he just wants to 'stick it to the man' rather than actually holding his hands up to driving too fast.

photome

JulieD123 wrote: »

Ok thanks, is there any way of finding out if they have an updated certificate?

What speed was he doing , if it was marginal , take it to court and hope for the best

I wouldnt fancy your chances though

SHAFT

TooManyPoints wrote: »

Yes, if your husband takes this matter to court the prosecution does not have to prove that the device can be relied upon to measure his speed. He has to prove that it cannot. An approved device operated in the approved manner is assumed to be accurate unless the contrary can be proved. The burden of that proof rests with the defendant if he defends the matter on the basis of an alleged unreliable device.

An out-of-date calibration certificate does not prove the device was faulty (nor does the absence of one entirely). It may assist if there is other evidence to suggest a malfunction but on its own it is of no help.

Whatever issues your husband may have with the signature offence (speeding) he must respond to the request for the driver's details. Failure to do so means he commits a separate, more serious offence which means a court appearance, and, if convicted, a hefty fine, six points and an endorsement code that will see him face considerably increased premiums for a number of years.

However is the CPS get wind there's an out of date certificate then they'll discontinue the matter.

Car_54

photome wrote: »

What speed was he doing , if it was marginal , take it to court and hope for the best

I wouldnt fancy your chances though

It can’t be marginal, it must be 10% over the limit plus two mph. Going to court without a valid defence is folly, and liable to cost the OP dearly.