Letter From The Police!!

ravenk

Markyt wrote: »

As long it has been calibrated correctly, recently, and the officer also has the documentation showing they have been correctly trained in the use of the gun ...

Also make sure they have the latest version of the manual for the speed gun/device. I know someone who had an expensive solicitor and escaped a speeding ban on this fact. You will find that most of the police carry an out of date version of the manual/guide for the speed gun. The law states that they must follow the operating instructions in the latest version of the manual.

claireyfairy_2

:T :T :T :T
I got caught twice in 4 days in January. Double bad luck as never had any points in 15 years of riving. Didn't realise the dual carrriageway I was on was 30mph and got caught with a hand held but did not see it, clearly going toofast doing 34 in a 30. Secondly a static caught me alledgedly doing 39 in a 30. Well after feeling like a common criminal and refusing to leave the house for 2 days living in fear of losing my licence......Got the option to attend a driver awareness course for £74 and nil points and got the chance to learn how to interpret the speed limit and hence avoid getting caught again with some luck. Second offence eventually resulted in a letter from Police to say they had found a fault with the camera, would take points off my licence and return my £60!!! What a result! Sometimes there are happy endings! Well done Hampshire constabulary for being honest, whilst I can't say I wasn't speeding a little, I would have been surprised if I had been doing 39 but of course did not have evidence that I wasn't.:T :T :T :T :T

bargepole

tomstickland wrote: »

It'd look great on Youtube.[/font]

Yes it would, but the CPS/Police release these traffic videos (from an LTi 20:20 - used in roadside vans) on condition that they are only used for the defence of a court case.

Making them public on sites like Youtube would only undermine public confidence in the accuracy of their speed measuring equipment, resulting in many more people challenging tickets in court instead of meekly paying up the £60 fixed penalty. And they wouldn't want that now, would they!

Rtype

I have just got home from spending 2 weeks away to find that i have a letter from the police summoning me to court on 4th june!!!

As you have all read the original letter just said "exceeding 30mph", the summons says that i was doing 50mph which is just absolute nonsence!!

I have read the statement from the police officer and its just rubbish basically, he says that he recorded me doing 50mph over 200 meters away and yet did not have time to stop and speak to me!?!?

Advice would be very much appreciated!

bargepole

Rtype wrote: »

I have just got home from spending 2 weeks away to find that i have a letter from the police summoning me to court on 4th june!!!

As you have all read the original letter just said "exceeding 30mph", the summons says that i was doing 50mph which is just absolute nonsence!!

I have read the statement from the police officer and its just rubbish basically, he says that he recorded me doing 50mph over 200 meters away and yet did not have time to stop and speak to me!?!?

Advice would be very much appreciated!

The summons will be from the Magistrates' Court, not the Police.

With it, should be a form asking if you are going to plead guilty or not guilty. If you plead not guilty, they will adjourn the hearing to a later date, and will then send you a copy of all the evidence that they will rely on.

If you're convinced you weren't speeding, and the copper was using the notoriously unreliable handheld prolaser gun, plead NG and see what "evidence" they send you. Post it on here and will advise you accordingly.

Rtype

bargepole wrote: »

The summons will be from the Magistrates' Court, not the Police.

With it, should be a form asking if you are going to plead guilty or not guilty. If you plead not guilty, they will adjourn the hearing to a later date, and will then send you a copy of all the evidence that they will rely on.

If you're convinced you weren't speeding, and the copper was using the notoriously unreliable handheld prolaser gun, plead NG and see what "evidence" they send you. Post it on here and will advise you accordingly.

Yes i do have the extra form but the problem is this;
Due to me being away for the last 2 weeks, the summons is for tuesday 3rd june! This then gives me monday to phone them up and try to explain that i have been away and also can't make the hearing!
I'm now convinced that they will try and charge me for this!

Also, this was not done by a copper but a PSCO, i know that the word of a police officer is taken as gospel in most cases but will this still be the case for a PSCO??

I can honestly say, hand on heart that i was not doing any where near 50mph (coincidentally a friend told me that 50mph in a 30 is the trigger point for an automatic summons which i find VERY convenient) i reakon that at most i was doing 35 (probably nearer 33)!

Thanks for the help bargepole.

bargepole

Rtype wrote: »

This then gives me monday to phone them up and try to explain that i have been away and also can't make the hearing!
I'm now convinced that they will try and charge me for this!

No No No you've completely misunderstood - if you plead NG there won't be a hearing on Tuesday, they will reschedule it for a few weeks later, and that will probably be just a Pre Trial Review (case management hearing).

Fill in the form and drop it into the Court over the weekend, you won't have to go on Tuesday.

Rtype

bargepole wrote: »

No No No you've completely misunderstood - if you plead NG there won't be a hearing on Tuesday, they will reschedule it for a few weeks later, and that will probably be just a Pre Trial Review (case management hearing).

Fill in the form and drop it into the Court over the weekend, you won't have to go on Tuesday.

But surely the courts aren't open at the weekends??

It also says that if i wish to plead not guilty, i must send the form off within seven days! By now the hearing would be scheduled in for tuesday and would be too late to cancel??

Also, what "evidence" would they need??
It states several things in his statement about calibrating the laser against a sign 280 meters up the road before and after and also back at the station etc but there is no "actual" evidence to prove anything!
This is what really annoys me about the whole situation, its the word of a lone PSCO hiding in an unlit area against mine!

bargepole

Rtype wrote: »

But surely the courts aren't open at the weekends??

It also says that if i wish to plead not guilty, i must send the form off within seven days! By now the hearing would be scheduled in for tuesday and would be too late to cancel??

Also, what "evidence" would they need??
It states several things in his statement about calibrating the laser against a sign 280 meters up the road before and after and also back at the station etc but there is no "actual" evidence to prove anything!
This is what really annoys me about the whole situation, its the word of a lone PSCO hiding in an unlit area against mine!

They aren't open at the weekend, but if you put it through the letterbox they'll deal with it first thing Monday morning. They always schedule more cases per day than they can actually hear, on the basis that some won't go ahead, so don't worry about that.

To cover yourself on the 7 days thing, include a covering letter stating you've been on holiday, and have only just got back, so this is the earliest opportunity you've had to deal with this.

If you can scan the PCSO's statement, and send it to me as an attachment to a PM, I can advise you further.

oldagetraveller

I'm not trying to be awkward Rtype but you need to decide what speed you were really doing. In post 36 you "believe" you were doing 30mph max then later in post 47 that's gone up to a max of 35mph but "reckon" it was 33mph.
So on this basis how do you know you weren't travelling at a higher speed? Without having your eyes permanently on the speedo or rev counter(if fitted) it is very easy for the speed to creep up with very little effort.