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speed camera court case

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 Topic moved: from General Bike Chat to Biking News & Rumours by G (30 Jan 2009 - 22:16)
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igiyf
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Joined: 01 Jun 2008
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PostPosted: 11:56 - 02 Jul 2008    Post subject: speed camera court case Reply with quote

A top barrister is due to argue speed cameras are illegal in a landmark court case today.

Michael Shrimpton is to argue that every new speed detector introduced since 1991 has not been individually approved by Parliament as required under law.

if he wins do we get our fines back Laughing

https://www.motorcyclenews.com/MCN/News/newsresults/mcn/2008/july/30-6/jun3008-speed-cameras-argued-illegal/
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Itchy
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PostPosted: 12:05 - 02 Jul 2008    Post subject: Reply with quote

Nah he'll never win ,

and even by the off chance he did they'd not make the ruling retrospective, cost them millions to pay back and courts don't like to do this.
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bs16
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PostPosted: 17:08 - 02 Jul 2008    Post subject: Reply with quote

He won't win. Imagine the chaos if he did:
Arrow All the points that would have to be removed/rescinded.
Arrow All the fines that would have to be repaid.
Arrow All the claims for loaded insurance policies because of illegal points.
Arrow All the claims for loss of earnings due to driving bans because of illegal points.
etc. etc.

But in the best Kevin Keegan fashion "I would love it" if he does win
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 19:22 - 02 Jul 2008    Post subject: Reply with quote

Hi

Even if he does win 99% of the points / fines would stand as the people who got them were bullied into admitting guilt and pleading guilty.

All the best

Keith
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kal9001
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PostPosted: 00:33 - 03 Jul 2008    Post subject: Reply with quote

Agree with kickstart here, it wont affect old cases. But any current case regarding one of the said cameras ould have to be suspended, and ofc any future cases.

But he wont win...they wont let him win.
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iooi
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PostPosted: 05:10 - 03 Jul 2008    Post subject: Reply with quote

Pretty sure that when this was on the news this week, they were saying if it was he won, it would mean fine repaid and point removed......

But, don't get your hopes up. This is the same guy who went to the European Court of Human Rights in 2006 on the same issue and lost.....
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Biker101
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PostPosted: 13:09 - 03 Jul 2008    Post subject: Reply with quote

Agree with kickstart too, surely when you pay your fine and take your points you're admitting you did it.

However if you took it to court and never admitted it but the courts used the scamera as sole evidence it may be a different story.
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Old Thread Alert!

There is a gap of 211 days between these two posts...

G
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Joined: 02 Feb 2002
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PostPosted: 23:16 - 30 Jan 2009    Post subject: Reply with quote

Not checked if this is related, but along similar lines...
https://www.telegraph.co.uk/motoring/news/4387759/Nearly-all-speed-cameras-in-Britain-illegal-court-is-told.html
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owdamer
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PostPosted: 14:01 - 31 Jan 2009    Post subject: Reply with quote

G wrote:



Its the same case.

Quote:
The businessman, of was caught doing 52mph by a speed camera mounted in the back of a van in a 40mph zone.

He was photographed on the A5103 at 1pm on November 6 2006 while he drove his Y-reg Mitsubishi Gallant Estate out of the city centre.

Mr Brotherston received three points on his licence but he is adamant he was not speeding.

Guy Williams, the camera operator told the court: "That vehicle seemed to be driving in excess of 40mph. On seeing this I then aligned my crosshairs on the front of the car producing a reading of 52mph."



I must say the camera operator must have an incredible memory.
I repaired 8 dvd/hdd recorders yesterday, but i doubt i could remember what half of them were. Yet this camera operator seems able to remember the offending vehicle some months later.
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Kickstart
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PostPosted: 19:49 - 01 Feb 2009    Post subject: Reply with quote

Hi

The speed guns are only meant to confirm the prior opinion of a police officer as to a vehicles speed, not to actually see the speed in the first place. Hence pretty standard to come out with some rubbish about "I estimated his speed to be 52mph and confirmed it with the laser device".

All the best

Keith
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owdamer
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PostPosted: 19:14 - 05 Feb 2009    Post subject: Reply with quote

He lost.


https://news.bbc.co.uk/1/hi/england/manchester/7870763.stm
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cestrian
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PostPosted: 13:54 - 07 Feb 2009    Post subject: Reply with quote

"Mr Brotherston, 61, brought the case on appeal, claiming a laser gun wrongly clocked him driving at 52mph in a 40mph zone on Princess Parkway, Manchester"

Very easy to find yourself speeding on that road.
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Walloper
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PostPosted: 14:13 - 10 Feb 2009    Post subject: Reply with quote

Any time I was caught speeding I was. So to argue the bit would be immoral would it not? Embarassed

People should not overspeed anyway.
The sooner we get 'Automatic Speed Enforcement' fitted as standard the better for road safety. Thumbs Up Wink
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multijoy
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PostPosted: 15:13 - 10 Feb 2009    Post subject: Reply with quote

Hetzer wrote:
Judge Gibson, another dirty criminal govt mouth-piece, masquerading as justice. And they wonder why the law is held in utter contempt? Because of filth like him.


'kin hell, at least you're not sitting on the fence. You're aware, of course, that he can appeal the decision further?

I'm not going to pretend to even know the first thing about the case, but from what I can make out the apellant was seeking to clarify whether or not a specific device had specific approval to be used in the manner in which it was, and whether the same device may have registered the wrong reading as a result of interference from other light sources.

This isn't one man standing for the rights of all and being trampled underfoot by an uncaring judicary, this is a bloke who's pissed off that he can't buy his way out of a speeding ticket so is trying it on with technicalities.

Now, Mr Justice 'If it's written, it must be libellous' Eady is entirely worthy of your scorn, but that's another topic entirely.
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Old Thread Alert!

The last post was made 17 years, 226 days ago. Instead of replying here, would creating a new thread be more useful?
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