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Skoda Octavia - Speeding precedent / case law - jamesv2
Hi

I wondered where I can find case law relating to speeding precedent, etc. I am planning to represent myself in a not guilty speeding case. The allegation is that I was doing 46 in a 30, caught by hand held laser device at a distance of 275 metres.

Without going into huge detail, I'm interested to know the following:

1. How accurate are these devices at calculating speed and distance
2. Is there any guidance relating to where speed traps should be set up (I do not believe there have been any road accidents on the stretch of road where I was zapped - have asked via a FOI request)
3. Is there any guidance relating to proximity of the offending vehicle from a change in the speed limit / sign? I was on a rural road which is 60, then 50 for 3 miles, then changes to 30 way before the area becomes 'built up', but I was about 30m away from the sign (and 275m away from the officer)
4. Where would I find general guidance around speeding procedures? Are these force specific, or national? I live in Wales. There have been cuts to officer numbers, but it seems Policing financial pressures have resulted in an army of officers with lasers patrolling our rural roads.

Looking at cases where similar offences have been successfully challenged would be really useful - just not sure how to access such information.

Any guidance would be hugely appreciated.

James
Skoda Octavia - Speeding precedent / case law - RobJP

1. The devices are very accurate. Long gone are the days when unreliable devices could be made a mockery of in a courtroom. These days, the calibration and self checks that the devices perform before allowing use are pretty bombproof.

2. If there is any guidance, then it is precisely that - Guidance. It is not obligitory for the officers or their superiors to follow that guidance. Even if no accidents have been recorded, you may find that speeding has been a concern raised by the local council, so enforcement has taken place.

3. See reply (2)

4. Speeding procedures ? I'm not sure exactly what you're asking for. Court procedures ? Officer training procedures ?

Now, I'll put out my opinion here. Feel free to ignore it, because I'm not the most subtle of people.

You've been caught. Accept it. Especially if you were actually doing that speed. Grossly irresponsible. Imagine if it was your son/daughter/little brother/sister/frail granny who was being nearly knocked over by cars going through a 30 limit at 45 mph or more. I reckon you'd want some action taken by the police then.

Edited by RobJP on 04/07/2014 at 00:44

Skoda Octavia - Speeding precedent / case law - Dwight Van Driver

Harken to the Sage Rob James.^^^^^^^^

If the accuracy of the device is questioned at Court then prosecution will/can bring the makers expert to give evidence and thereby incur massive costs as an expert witness. Have you a full wallet?

Some bits that you may want to read:

www.tinyurl.co./krrav74 - ACPO (Police)policy on speed enforcement

assets.dft.gov.uk/publications/circular-1-06/circu...f - D of T on speed limits beefed up later on with the 20 mph limits which in this case not involved.

Yes there has been cases fought and won but on what you say I would say its a black cap job.

dvd

Skoda Octavia - Speeding precedent / case law - Dwight Van Driver

...woops amend that tinyurl to

tinyurl.com/krrgv74

dvd

Skoda Octavia - Speeding precedent / case law - RT

It has to be complete naivety to ask question 3) proximity of the offending vehicle from a change in the speed limit / sign.

Speed limits START at the sign, we need to slow down BEFORE the sign - not some "guideline" figure after the sign.

I don't have the knowledge that RobJP and DVD do but common sense and experience says you're "banged to rights" here so pay the £100, accept the 3 points and learn a lesson the hard way - we all have to!

Skoda Octavia - Speeding precedent / case law - Brit_in_Germany

I would suggest the only question is whether the officer could reliably conclude from that distance whether your car had passed the 30 limit sign or not.

Edited by Brit_in_Germany on 04/07/2014 at 09:32

Skoda Octavia - Speeding precedent / case law - Palcouk

You were apparently recorded as speeding, if you are offered a speed awareness course take it, other wise plead guilty by letter.

If you go to court you will be found guilty and the penalties & victim surcharge will be higher, than if you had put your hands up

Skoda Octavia - Speeding precedent / case law - Rats

I find it hard to beleive that a hand-held device can be accurate, it wouldn't take much movement of the hand./arm to affect a reading, also are the devices really setup correctly each time thay are used, light is affected by various factors, humidity for one and what about the reflective qualities of the target!

What we really need is a bold investigation something maybe the RAC would have done when it was a members club, not a money-making organisation!

Skoda Octavia - Speeding precedent / case law - alan1302

I find it hard to beleive that a hand-held device can be accurate, it wouldn't take much movement of the hand./arm to affect a reading, also are the devices really setup correctly each time thay are used, light is affected by various factors, humidity for one and what about the reflective qualities of the target!

What we really need is a bold investigation something maybe the RAC would have done when it was a members club, not a money-making organisation!

Maybe they feel they don't need to investigate because the devices are reliable and have already been checked.

As for the op - just pay up. You made a mistake, learn from it and move on.

Skoda Octavia - Speeding precedent / case law - galileo

Iight is affected by various factors, humidity for one and what about the reflective qualities of the target!

Standard speed of light is 186,002 miles per second. Humidity does not affect this by any measurable amount.

A surface reflecting light reflects it at the speed the light struck it, it does not slow it down or speed it up.

Skoda Octavia - Speeding precedent / case law - scot22

One more post that you've been caught, pay up and learn. I hope it was a mistake and you will be more careful in future.

As has been pointed out if an accident caused by speeding affected any of us we would want action.

Skoda Octavia - Speeding precedent / case law - Peter D
The measurement is taken in less than 1/3 of a second. The office will have pinged the speed sign so he knows exactly how far away it was.
Have you returned the NIP yet or were you stopped at the scene. Regards Peter
Skoda Octavia - Speeding precedent / case law - Peter D
Were you in the 30 when you were pinged. You say " 30m away from the sign " were you past the sign. How do you know the distance between the sign and the police man. If he stopped you did you question your position with him. Regards Peter
Skoda Octavia - Speeding precedent / case law - focussed

A laser speed gun is accurate if used properly. If the unit is sighted on the road in front of the subject car and the beam is then slid onto the car the reading will be higher than the speed of the car - it's called slippage. Ok, all you have to do is prove that this happened, best of luck.