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
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