My brother just "got off" a 65 in a 30 charge but were not sure how.
The story as follows;
He was driving home from work at about 5pm, going dark and a little bit of rain.
Was pulled over by a police officer who had a LTI 20-20 speed gun.
Proceeded to take ID off my brother and told him no fixed penalty but straight to court.
Brother wanted his day in court so decided to plead not guilty when the court paperwork arrived court was then supossed to reset a date for court appearence however for some reason they went ahead on the origianal date found him guilty fined £600 and 6 points.
Solicitor at this point told him to accept, my brother wanted his day in court so told solicitor no chance, when it went back to court on rearranged date the police "offered no evicence"
He was convinced the copper was sitting in his car when he pointed the speed camera at him plus should not be used in poor light and poor wheather conditions.
Any thoughts ?
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BTW no chance he was doing 60 in the 30 ... knows the road well and uses it every day .. possibly 40 but not 60.
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>>Any thoughts?
Darned lucky. And I hope it rattled him enough that he doesn't do it again...
I guess they forgot/couldn't come up with manpower/lost paperwork.
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My brother just "got off" a 65 in a 30 charge
......... no chance he was doing 60 ........
......... possibly 40 ..........
He was clearly guilty of speeding whichever figure is correct. I hope he gets his just deserts next time. And, by the sound of it, there will be a next time.
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His persistence in pleading Not Guilty may well have caused CPS prosecutor to reveiew the file and look for items that did not support the charge. It would appear, if this is the case, something was missing and not safe to proceed.
PU ?
dvd
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You never know, it might be the wake-up call he needs.
A friend of mine was in a similar situation with a DUI case. Reached court, and the prosecution failed to show. Drove home and refuses a glass of wine with lunch these days.
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In Pepipoo forum, there are quite a few similar cases.
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Someone made a cock-up, and there was no chance of a successful prosecution, so he could not be convicted. Given these circumstances, it's the only possible right and proper outcome.
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Unlikely the camera was used otherwise than in accordance with ACPO and maker's rules, I think.
Might be worth ringing the court in case the prosecutor explained the reason to the court Legal Adviser.
My bet is on police witness not turning up, for whatever reason.
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>>My bet is on police witness not turning up for whatever reason.
GM,
Possible, prosecutor applies for an adjournment, the bench grumbles a bit and the prosecutor throws his hand in.
On t'other hand, I was talking to a polis today who told me the Crown Prosecution Service are quite challenging to the police over case preparation.
So it could be a CPS lawyer has pulled this speeding case to bits and basically refused to run it.
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I was talking to a polis today who told me the Crown Prosecution Service are quite challenging to the police over case preparation.
"Officer, you seem to regard evidence-gathering as an inconvenience and adequate case preparation as an optional extra."
;<)
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>> "Officer you seem to regard evidence-gathering as an inconvenience and adequate case preparation as an optional extra."
GM,
You've obviously been there, but I would add:
"Officer, you seem to regard evidence gathering... that you pre-judge will not be favourable to your case... as an inconvenience."
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