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Citroen C4 - Speeding - manuman

Hello from a Newbie.

I have received a Notice of Intended Prosecution for exceeding the speed limit. 41mph in a 30 mph zone. I was caught by a LT1 20-20 UltraLight 1000 which was last calibrated 13/5/2014.

I notice in the FAQ Speeding Ticket Defences Check List that it states that the operator must form a prior opinion of speed in excess of the spped limit.

I was caught at the start of a downward hill going towards the camera. The photograph with the recorded speed is right at the top of the hill and therefore the operator could not have formed a prior opinion of excess speed as I would not have been in his/her line of sight until he/she activated the laser.

Do I have a right to fight on this defence, with this camera, and in this situation.

Any ideas

Thanks in advance

Edited by Avant on 28/02/2015 at 16:13

Citroen C$ - Speeding - Dwight Van Driver

To prosecute a case of speeding corroboration is required. Generally for the operator to say I saw (or heard) le Citreon travelling at a fast speed. Corroborated by the reading on the meter.

I would say the chances of you convincing the bench that officers did not have the first part of the offence are miniscule.

Bear in mind any fine at Court accompanied by CPS prosecution costs may well exceed any Conditional Offer.

Thats life.....................

dvd

Citroen C$ - Speeding - skidpan

You were caught doing 41 mph in a 30 mph limit. Man up and pay the fine and take the points. If you are lucky a course alternative may be offered.

Slow down in future and you will not get caught.

Citroen C$ - Speeding - alan1302

You were caught doing 41 mph in a 30 mph limit. Man up and pay the fine and take the points. If you are lucky a course alternative may be offered.

Slow down in future and you will not get caught.

Exactly - if you speed and get caught you pay the penalties.

Citroen C$ - Speeding - TedCrilly

Agreed.......you are suggesting others havent faced up to their responsibilities when you obviously havent yourself.

Pay up, let it go and move on.

Citroen C4 - Speeding - Avant

I assume that your keyboard is similar to mine and that you meant C4 so I've edited accordingly. No worries - I make more typos than most.

Welcome to the forum. I'm sorry that we haven't been more positive but I think the posters above have been right to 'tell it as it is'. You could query it to start with, but don't take the challenge too far or, as DVD says, it can get expensive and still fail.

Citroen C4 - Speeding - Logician

I notice in the FAQ Speeding Ticket Defences Check List that it states that the operator must form a prior opinion of speed in excess of the spped limit.

I was caught at the start of a downward hill going towards the camera. The photograph with the recorded speed is right at the top of the hill and therefore the operator could not have formed a prior opinion of excess speed as I would not have been in his/her line of sight until he/she activated the laser.

Do I have a right to fight on this defence, with this camera, and in this situation.

It is not strictly true that the operator must form a prior opinion, what the law requires is that his opinion of the speed must be corroborated. As he measured your speed with an LTI 20-20 his opinion was corroborated. While you always have a right to put forward a defence, the question is actually does it have any chance of success, and in this instance if you put forward a defence only of no prior opinion, the answer is no. Bear in mind that a conviction in court of 41 in a 30 puts you in the bracket of 4 to 6 points, 4 being the most likely, and the guideline for the CPS to request costs is £620, and a fixed penalty or course (if this was not in Scotland and you have not done one in the last 3 years) is the way to go.

Edited by Logician on 04/03/2015 at 16:53