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TheDonUK
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PostPosted: 14:32 - 21 Feb 2009    Post subject: Court Summons Reply with quote

25 Weeks after getting nabbed by traffic police behind a sign on the A4 with a Radar (ProLaser3) for 68 in a temporary 40.

The ACPO guidelines state that 66+ in a 40 is a summons instead of 3 points and a fine by the side of the road/ post, his radar gun showed 68, 2 mph over...

Also the summons today came 9 days within the 6 months they have, gutted.

I was speeding, but posed no danger to anyone in those circumstances on a 3 lane dual carriageway with brand new 6 pot calipers.

I have the option to plead guilty by post, in person at court or plead not guilty.

I will most probably goto the court on the day (May) and plead guilty and take 6 points or a ban and some dirty fine,

Is there any avenue with ProLser3 devices and accurate readings on motorcycles? Or did i just get caught and should accept it?

Im leaning to the latter, i have 3 points which i got over 2 years ago during my "33"bhp period and so that would put me on 9 with one minor lapse costing me my licence.

/vent
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sickpup
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PostPosted: 15:30 - 21 Feb 2009    Post subject: Re: Court Summons Reply with quote

TheDonUK wrote:
25 Weeks after getting nabbed by traffic police behind a sign on the A4 with a Radar (ProLaser3) for 68 in a temporary 40.



Where exactly and was it signed with a traffic order in place?
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TheDonUK
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PostPosted: 18:07 - 21 Feb 2009    Post subject: Reply with quote

It was on the A4, just where the M40 flyover splits off and goes its own way, Brentford ish.

And i have no idea it was once a 60 but has been 40 for ages with the temp signs, you angling for incorrect signage as a possible avenue of wiggle?

I scanned the trafic polices witness statement for posterity.

I dont think i self incriminated except for maybe saying i was out for a nice evening ride, it sounds to the ear as out for a hoon.

https://i219.photobucket.com/albums/cc21/thedonuk/nicked1.jpg
https://i219.photobucket.com/albums/cc21/thedonuk/nicked2.jpg

Im sure his device was calibrated out the ying yang, but was it calibrated on a motorcycle, dont they give false readings for vehicles with a small frontal area?
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MattEMulsion
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PostPosted: 18:32 - 21 Feb 2009    Post subject: Reply with quote

It does make you wonder whether they do actually perform all of these checks before they use the device and log it accordingly, or whether they just take it out of the box and start clocking peoples speeds.

I also have to wonder whether they do actually assess in their mind that you are speeding before they use the device to measure it. I would be more inclined to think that they are just constantly aiming it at the oncoming traffic and waiting for a decent speed to register off a vehicle that is worth stopping.

So TheDonUK - in honesty were you going that fast or do you really think that the speed they got you at is wrong?
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ajb
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PostPosted: 18:47 - 21 Feb 2009    Post subject: Reply with quote

If I was in your position, I would probably plead guilty.

If you resist it by making accusations that the equipment was rubbish etc, might just look like the average speeder trying to pull a fast one, and get the book throw at you.
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rainer
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PostPosted: 19:55 - 21 Feb 2009    Post subject: Reply with quote

Did they pull you over at the time? Dunno anything about the defence just curious Thumbs Up
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TheDonUK
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PostPosted: 20:49 - 21 Feb 2009    Post subject: Reply with quote

Honestly i was probably doing at least 60 as i had just accelerated to make an overtake, so to the letter of the law i was speeding.

I dont feel that speed was inappropriate or dangerous in the circumstances but i got caught i guess, i will probably plead guilty.

There are all kind of forms to fill in, especially means of income/outgoings, when they see my dire financial position maybe the court will be leniant... and i can do one of those chavvy £1 a week repayments

rainer: i got stopped by the side of the road, with retrospect i should have just gunned it the moment he stepped out into the road, the plate would have been facing the ground, instead like a fool i stopped and now this nearly 6 months later, he wasent joking when he said i will get to sweat for 6 months about it, after all this time i was half hoping he was a decent guy and was just trying to shit me up a bit, but i guess traffic police is traffic police...

I will take this one as i got caught but it is slightly annoying they hide there with the radar gun, jump out, i obveously had time to stop so was not out of control, nobody or nothing was hurt but i am going to be convicted of a crime.... bah
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MattEMulsion
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PostPosted: 20:53 - 21 Feb 2009    Post subject: Reply with quote

I think that you are going to have to just take it on the chin. I can't see any way that you are going to be able to get out of it. Just aim for the most lenient penalty that you can get away with.
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TheDonUK
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PostPosted: 20:59 - 21 Feb 2009    Post subject: Reply with quote

Yea you are probably right, In the grand scheme of things that i can think of there has been 6-8 times when i could have got points (ie a GATSO flashed or was pulled over by the rozzers) but got off somehow so it catches up with you eventually.

Still gutted though if i get banned i might have to sell the bike and buy one of those expensive lightweight bicycles..
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sickpup
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PostPosted: 21:19 - 21 Feb 2009    Post subject: Reply with quote

Well from the officers statement he could have actually measured the speed of the car behind you.
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teampots
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PostPosted: 23:30 - 21 Feb 2009    Post subject: Reply with quote

Just wondering, in the report it states the device was calibrated to only 131.2 Feet yet the distance he clocked you at was 475Feet


can it still be that accurate at over thee times the calibrated distance?
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ajb
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PostPosted: 23:40 - 21 Feb 2009    Post subject: Reply with quote

I know nothing of these devices.

But if they really do use lasers, then surely it is only reliant on the laws of physics, which don't change much on Earth.

Surely it's something like Red-shift? If they can use it to judge the speed of a star at XX-trillion miles away, surely it work's down a road.

Meh.
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.....
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PostPosted: 09:02 - 22 Feb 2009    Post subject: Reply with quote

https://forums.pepipoo.com/
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iooi
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PostPosted: 09:35 - 23 Feb 2009    Post subject: Reply with quote

ajb wrote:
I know nothing of these devices.

But if they really do use lasers, then surely it is only reliant on the laws of physics, which don't change much on Earth.

Surely it's something like Red-shift? If they can use it to judge the speed of a star at XX-trillion miles away, surely it work's down a road.

Meh.


An has anyone been to said star and actually seen how fast its going.... Laughing
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multijoy
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PostPosted: 10:00 - 23 Feb 2009    Post subject: Reply with quote

Plead not guilty, request a jury trial and watch the CPS drop it for not being in the public interest.

Quick ninja edit: Follow up on Sickpup's point about the TRO. If they've cocked up the paperwork for it, it'll be much easier to go down that avenue than arguing with a copper in court.
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Last edited by multijoy on 10:48 - 23 Feb 2009; edited 1 time in total
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jack_zxr400
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PostPosted: 10:14 - 23 Feb 2009    Post subject: Reply with quote

the policeman that wrote that sounds like abit of a dick tbh

and yea id question the device he was using and how he was using it

ask a decent solicitor, my mums a solicitor and my brother in law is a barrister so ill see what they think Thumbs Up
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Kal
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PostPosted: 11:24 - 23 Feb 2009    Post subject: Reply with quote

Dr Clark on Laser speed devices

and James MacGregor 2005

Give notice that you are going to Court and request access to the evidence, on the laserIII that should include video, although that is only out to 300m so there might not be there in your case.

I would ask how the machine was calibrated, what precautions were taken to prevent it picking up stray reflections and the slippage effect

[quote]Colorado v Guyton-Docket #832331 - The sighting window or “heads up display” of the Pro Laser III was challenged as to it being an exact representation of the laser’s beam divergence and targeting of a speeding vehicle by the defendant. Expert testimony by Scott Patterson confirmed the laser beam to be narrower than the red aiming dot of the heads up display or sight reticle. Mr. Patterson confirmed as long as the red dot is kept on a particular point of the vehicle, such as the front grill, the laser will be consistent in its reporting of speed and distance. The defendant’s conviction was confirmed and the laser was given judicial notice by the court.
Quote:


Presumably if it isn't on the same point then it is not reliable. The LaserIII has an acquisition of .3 seconds, so did it move off of the same area in that .3 which would give a false reading. Given the small front cross section of a motorycle it is feasible.

MCN's Article on how Lasers have not been tested or calibrated for motorbikes

The follow up - includes the powers that be flip flopping on whether the technology has been tested on motorcycles and if motorcycles required different testing to cars.

[Quote="Crown V's Brian Wiltshire, Preston Crown Court January 19, 2007"]
Frank Garratt, owner of Tele- Traffic UK Ltd, which makes a laser speed detector acknowledged four ways the devices could be wrong:

He admitted they could exaggerate a vehicle's speed if they are not held steadily and the laser beam slips along the side of the vehicle - a phenomena known as "slip effect". Presented with evidence of an incorrect reading of 36mph for a vehicle travelling 29mph, he said: "This was probably slip effect off the side of the vehicle." He accepted the argument that if the laser beam was not aligned with the crosshair in the view finder, used by operators to target vehicles, then the speed of the wrong vehicle 'could be measured, In response to the argument, put by defence barrister Katherine Hodson, he said: "In strict academic theory, you're right, yes," He said operators must regularly check the crosshair is aligned with the centre of the beam to eliminate the potential for the wrong vehicle to be picked up, He said: "The salient point there is that the device should be properly aligned."

He admitted that where two vehicles fell within the spread of the laser beam, the device could pick up the speed of the nearer one even when aimed at the furthest one. Hodson said: "Let me put it this way, Mr Garratt, if two vehicles were travelling down the road within the range of the beam spread... it is possible that even if the officer aimed for the vehicle furthest away the device would lock on to the nearest vehicle." Garratt replied: "There are two principles... in broad principle I agree with it." In MCN tests last March we aimed an LTI20.20 at a stationary bike and the device consistendy picked up the speed of a passing car instead.

Garratt admitted the beam could be reflected off one vehicle and measure the speed of another. He said this would not happen if the beam struck a number plate but admitted it was possible with more irregular surfaces. His Honour Judge Woolman suggested it was more likely to happen with "angled polished surfaces" and Garratt responded: "Yes, indeed." Bikes are often targeted by the lasers from the front, where there are only different angled polished surfaces and no number plate. Garratt claimed an incorrect reading would only be obtained where the vehicle being targeted was stationary.

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Last edited by Kal on 12:55 - 23 Feb 2009; edited 1 time in total
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MarkJ
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PostPosted: 12:22 - 23 Feb 2009    Post subject: Reply with quote

Also they're also only supposed to point it at a flat vertical surface i.e. a number plate. I don't think a ZX6 has a flat part to the front of it at all Thinking

Are they allowed to use laser cameras at dusk?
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sickpup
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PostPosted: 12:53 - 23 Feb 2009    Post subject: Reply with quote

multijoy wrote:
Quick ninja edit: Follow up on Sickpup's point about the TRO. If they've cocked up the paperwork for it, it'll be much easier to go down that avenue than arguing with a copper in court.


You expect someone to listen to me? Shocked
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pyx_e
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PostPosted: 13:05 - 23 Feb 2009    Post subject: Reply with quote

If you are going to have a punt I would ask to see the calibration document because he seems to be makig a real effort in his statement to show it was accurate. He tested it two or three times after doing you. Makes me think he didn't do it beforehand.
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ajb
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PostPosted: 14:48 - 23 Feb 2009    Post subject: Reply with quote

jack_zxr400 wrote:
the policeman that wrote that sounds like abit of a dick tbh

and yea id question the device he was using and how he was using it

ask a decent solicitor, my mums a solicitor and my brother in law is a barrister so ill see what they think Thumbs Up


It's probably a template, with the relevant case information appended.

I think that argueing the devices accuracy if the OP knew he was doing in excess of the speed limit is just stupid. It's easy to slip into the 'bash a traffic copper' routine.

Consider the karma side of this, if the Police are endlessly faced with people playing up on this kind of shit, even when they are guilty of an offence, what kind of affect do you think it has on the next coppers attitude when he pulls another biker? The respectable (I used that word instead of innocent because everyone has commited a road traffic offence one way or another) riders and drivers will end up paying one way or another.

I'm am in no way saying the OP was driving dangerously, but people should take responsibility for their own actions, or don't do them IMO Thumbs Up
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headgear
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PostPosted: 16:02 - 23 Feb 2009    Post subject: Reply with quote

Was the speed gun home office approved for motorcycles? a few seem not to be but are hushed over for the ever important cash revenue that needs be raised.
Hell we are fighting numerous wars that are not ours to fight, the credit crunch, the government is spending fortunes bailing out corrupt banks / bankers / polititians, supplying accomodation and every benifit that can be claimed for all the immigrants / asylum seekers, while those that fought wars to make this country what it was before the political correct brigade got in, have to literally beg for what should rightfully be theirs. Evil or Very Mad
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riichy
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PostPosted: 17:00 - 23 Feb 2009    Post subject: Reply with quote

Plead guilty, probably get points and a fine. p1ss em off and waste time and you may get a ban...

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Bofh5
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PostPosted: 17:02 - 23 Feb 2009    Post subject: Reply with quote

the other option is just to drag it out as long as possible.
mine took nearly 2 years to get to court as i requested both coppers be there and then i was out the country on business etc so by the time i got to court to be sodomised by the British Justice System my points only had another year to run.
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TheDonUK
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PostPosted: 17:58 - 23 Feb 2009    Post subject: Reply with quote

Not that i like to bend over and take it from big brother but i think i will plead guilty in person, The court case is right in the middle of my final year exams, i dont really need the stress...
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