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Speed camera in concealed vehicle at right angle to the road: is an accurate reading possible?

by Murdo Maguire last modified 2007-02-21 14:44

I received a notification of speeding offence to my surprise where I am accused of doing 37mph in a 30mph zone. I'm pretty sure I was within the 30mph and didn't see any mobile speed van. I was informed by a local it was located behind a wall at a right-angle to the road I was travelling on. Would such a location induce possible errors in capturing an accurate reading? How could I find out if the instrument was/is capable for such use. I'm aware that laser machines need to be accurately located on an exact spot on the vehicle (usually the number plate) during its measurement. In my case, since this was taken nearly at right-angles to my direction of movement keeping on the same spot or even using the rear number plate as I passed by would require panning of the device to ensure this. Would this argument be a suitable defence or justification and avoid going to court? Could I question this directly with the Police Authority before pleading not guilty?

There is no requirement for the vehicle to be visible and since 2004 the rules have very much been relaxed on this particular issue.

You can request details of the device used and for the photograph but speeding is a summary offence and while these are likely to be provided there is no requirement for detailed prior disclosure. If you plead not guilty then the case will be adjourned and the evidence you might request (such as the calibration records and the precise position of the van in order that you can assess the officer's ability to accurately clock you) will then be made available.

Please be aware that the courts increasingly accept camera evidence and while you can challenge it you, or your lawyer, will need to demonstrate fault if you are to secure an aquittal.

If on seeing the photographic evidence you decide to proceed with contesting the case, please come back to us.

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