Tuesday 4 December 2012

My day in Court

I have already alluded to my dislike of speed camera's. I see them as a money making vehicle much more than an accident prevention measure. I am also proud of my clean driving license.

So imagine my frustration when a fixed penalty notice came through my letter box indicating i had been caught speeding on the M62 motorway. Now the speed I was doing ironically was 62mph in a designated 50mph area designed to encourage cars to slow down as they approach the Rocket intersection at the end of the motorway. Clearly I was decelerating, but not fast enough for Councillor Merseyside and his chums!

My period of grumpiness did not, however, cloud my thought process, and on further investigation of the summons, I noticed the time was inconsistent with the actual time I had been driving on the M62. As things would have it I had been travelling from London via the M6 toll road and had a toll booth receipt timed for exactly the same time as the alleged speeding offence. It was impossible for me to be in two places at once.

Further research confirmed what I had suspected. That morning the clocks had gone back an hour, and while the toll booth technology had coped, the speed camera had not. My initial representations to the Merseyside speed enforcement team met with a party line response. Apparently there is case law to allow the operatives to adjust the speed camera when next the film is changed. I was in impish mood however and indicated to them that it should be tested again in court as the fact the clock was incorrect could sow seeds of doubt that the speed gun calibration was also inaccurate. Time to mobilise my in-house legal team.

The case was initially adjourned  to allow the CPS to assess whether they wished to progress it. At the next hearing they indicated they did, but would apply to re-issue the summons with the correct time on it. Come the third hearing my solicitor argued that they were out of time to do such a thing. They have six months from date of offence apparently. The prosecutor offered no counter argument so reluctantly the magistrate presiding had to throw the case out. As a bit of a bonus, he awarded us costs.

What goes round comes round, however, and I have just got another notification of prosecution, this time 37mph in a 30mph zone. Might not be able to wriggle out of this one.

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