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Statute of Limiter
I have recently received a Notice of Intended Prosecution alleging that I was travelling at 79 mph on the M6 in Cumbria. I drive through Cumbria a great deal and am well aware of the Chief Constable's zealous crusade against speeding and his use of camera vehicles from bridges above the M6. At the time of the alleged offence I was driving a Mercedes S320 CDI which is an ex demonstrator purchased by me in January this year and first registered in April 2008. The car has a device that can be set to limit its maximum speed and at the time of the alleged offence it was set to 70mph. I intend to contest this case and have requested a court hearing despite the attempts of Cumbria Constabulary to be as unhelpful as possible in providing me with information and its repeated (and outrageous) suggestion that I would do better just to plead guilty and accept a £60 fine and 3 penalty points. I have a solicitor friend who is advising me on tactics and the information I need to extract from Cumbria Constabulary and the Crown Prosecution Service in order to defend the case. She has suggested that I should arrange for the Limiter on my car and possibly also the speedometer to be calibrated since she feels it would put me in a strong position if I could prove that both these pieces of equipment were accurate and functioning correctly at the time of the alleged offence. I spoke to my Mercedes dealership regarding this but they were at a complete loss as to how to go about arranging for the Limiter and speedometer to be calibrated. Apparently this is not something they have ever been asked to do before. Do you have any suggestions as to how I could go about arranging this? Are there any businesses that specialise in this type of testing? To be honest I am at something of a loss as to where to go from here and any suggestions you may have would be gratefully received.
Asked on 6 June 2009 by
Answered by
Honest John
My sympathies. There are some expert witnesses in a FAQ answer at HJUK and also three FAQ answers about contesting unfair speeding tickets with a lot of useful links. I think you have an excellent case. You may also find (the MB dealer should have told you) that the car's ECU records what speeds you were doing at what date and time for warranty purposes, but the information also has to be made available to the police. This has been used to prosecute speeders. It can also be used to defend those unjustly accused of speeding.
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