Courting disaster

Regarding the email from CL and his speeding offence in Cumbria. If CL is determined to pursue this, although he has asked for a court hearing, he will almost certainly be asked initially to attend a pre trial review (PTR). He must ensure he asks for and has the photographic evidence from the CPS before doing so, not just some statement from a camera operator which the CPS will possibly claim is sufficient evidence alone for prosecution. If it has not arrived at his home address before the PTR date he should inform the court that it has not and that there is no point in attending a PTR until he has seen the evidence, which he his perfectly entitled to see to substantiate what he is accused of. The court should then adjourn the hearing to, but the same principles will still apply for future hearings. If the photographic evidence is not routinely issued to CL then it may mean the CPS/police are worried about it standing up to scrutiny. With regard to PTRs they are "billed" as informal chats with the CPS to review how the case is progressing, but this is in a magistrates court and the object of the exercise is to get you in front of the actual magistrates there and then. The CPS prosecutor will do his best to intimidate you into giving up and pleading guilty in front of the magistrates with the subsequent fine and points issued there and then. The idea is that you are "lured" into this situation so you attend on your own without any legal advice support. Unless you are a very stubborn and not easily intimidated person do not go without someone with you who has legal knowledge. As regards questions over the accuracy of the equipment used to obtain CL's alleged speed and on the assumption that he is convinced. he was only at 70 I suggest he visits Top left on the homepage in new and updated pages click on "Mobile Speed Camera Report" and print. This is a damming indictment of Speed Cameras in Northamptonshire but could apply anywhere. Not only does it contain valuable information for CL but he may well have need for the services of the author. The problem is all legal and expert advice will cost money and even if you prove your innocence you can no longer reclaim costs from the court. All done to discourage you and to encourage you to pay your £60.

Asked on 25 July 2009 by

Answered by Honest John
Many thanks. Subbed out of my reply, but useful information is, “You may also find (the MB dealer should have told you) that the car's ECU records what speeds you were doing at what date and time for warranty purposes, but the information also has to be made available to the police. This has been used to prosecute speeders. It can also be used to defend those unjustly accused of speeding.”
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