How Do I Tell This Guy About My...
Family & Relationships2 mins ago
Sped Camera
21 Answers
I was recently caught by exceeding to 36 mph in 30 mph limit. CPU provided the photograph and a calibration certificate for a camera ser.no. 449186. There was no reference of this camera on the photograph provided and I had no way to establish that the photograph was taken by this camera or any other. When I enquired about this they only provided the site log which had 449186 completed by the officer at the time. when I raised with them again that the photograph does not indicate that the photograph was taken by the camera no. 449186 they advised that I will have to raise that in a magistrates court. Am I right to challenge this.
Answers
Are you going to suggest that the officer used a camera other than 449186 and then lied about it in order to 'get' you for doing 36mph? All that will happen is that the court will call the officer who will take an oath and swear that he used camera 449186, as he said in the log, and you will get hit for court costs as well as the speeding fine.
11:45 Mon 25th May 2015
Are you going to suggest that the officer used a camera other than 449186 and then lied about it in order to 'get' you for doing 36mph?
All that will happen is that the court will call the officer who will take an oath and swear that he used camera 449186, as he said in the log, and you will get hit for court costs as well as the speeding fine.
All that will happen is that the court will call the officer who will take an oath and swear that he used camera 449186, as he said in the log, and you will get hit for court costs as well as the speeding fine.
Ok, so he gets his speedo checked, then it's his word he was driving at the limit, against a sped camera photo that says he was exceeding it + in the first line of the OP he says "I was recently caught" which I read as an admission he was speeding.
Just because his speedo is accurate doesn't mean he was taking any notice of it.
See this post in relation to calibration of speed cameras.
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Quite honestly and to be blunt you are peeing in the wind.
The prosecution has no responsibility to prove the accuracy of the speed camera unless you are intending to suggest it is inaccurate. All they need to do is show that you were detected by an approved device exceeding the speed limit. If you raise a defence that the device was inaccurate the burden shifts to you to prove it. As far as I can see you have not got that far. You are only suggesting that the calibration certificate you have been provided with (which has been provided as a courtesy, not a right) may not be the one relevant to the camera that detected you. To succeed in your defence you will have to prove that the camera was inaccurate, not simply that the paperwork you have been provided with is deficient.
Now a bit about what will happen if you fail. You will be convicted and face a fine of half a week’s income and three penalty points. However, that will be the least of your worries. In addition you will pay a contribution towards prosecution costs (probably about £450) a Victim Surcharge (10% of the fine with a minimum of £20) and – assuming the offence was committed on or after 13th April – a “Criminal Court Charge” of £520. So you face a fine and other costs of well over £1,000.
It seems you were guilty of the offence (nowhere do you suggest you were not). In trying to avoid a conviction using a defence that is almost bound to fail you are risking the fixed penalty of £100 against a fine and costs of more than ten times that amount if you take the matter to court. Of course only you can decide what route to take. I know what I would do in similar circustances.
The prosecution has no responsibility to prove the accuracy of the speed camera unless you are intending to suggest it is inaccurate. All they need to do is show that you were detected by an approved device exceeding the speed limit. If you raise a defence that the device was inaccurate the burden shifts to you to prove it. As far as I can see you have not got that far. You are only suggesting that the calibration certificate you have been provided with (which has been provided as a courtesy, not a right) may not be the one relevant to the camera that detected you. To succeed in your defence you will have to prove that the camera was inaccurate, not simply that the paperwork you have been provided with is deficient.
Now a bit about what will happen if you fail. You will be convicted and face a fine of half a week’s income and three penalty points. However, that will be the least of your worries. In addition you will pay a contribution towards prosecution costs (probably about £450) a Victim Surcharge (10% of the fine with a minimum of £20) and – assuming the offence was committed on or after 13th April – a “Criminal Court Charge” of £520. So you face a fine and other costs of well over £1,000.
It seems you were guilty of the offence (nowhere do you suggest you were not). In trying to avoid a conviction using a defence that is almost bound to fail you are risking the fixed penalty of £100 against a fine and costs of more than ten times that amount if you take the matter to court. Of course only you can decide what route to take. I know what I would do in similar circustances.
