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77 in a 70 Mobile Camera Surrey A3?


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Hi Guys,

 

Drove by a mobile speed camera with the dash potentially indicating up to 80 mph (the speed i never exceed in my car).

My GPS tells me that 80 on the dash is 77 mph GPS.

Do you think I will get an NIP in the post?

 

I know the ACPO guidlines are prosecute at 79 and above, but I am worried the trigger happy police may decide to prosecute for below, like 77!

 

If I do for going 77 in a 70, can I defend it in court?

I have a Mini Cooper and it's annoying how the speedo is in increments of 20 MPH!

 

Thanks for letting me know!

Edited by dx100uk
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As you say, enforcement normally begins at 79mph.

There is no reason why that guidance should be neglected.

However, if it is, you would have no defence.

The limit is 70mph and you cannot argue that you were not allowed the full "leeway".

 

It is extremely unusual to action below (Limit + 10% +2mph). A NIP must reach the RK within 14 days.

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GPS is less accurate over short distances v speed camera's.

At suggested speed you are on the allowable speeding cusp, and maybe offered a SAC.

Edited by DragonFly1967
changed vs to v, as vs was throwing up a link for Voluntary Surrender :)
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Hi Guys,

 

Drove by a mobile speed camera with the dash potentially indicating up to 80 mph (the speed i never exceed in my car).

My GPS tells me that 80 on the dash is 77 mph GPS.

Do you think I will get an NIP in the post?

 

I know the ACPO guidlines are prosecute at 79 and above, but I am worried the trigger happy police may decide to prosecute for below, like 77!

 

If I do for going 77 in a 70, can I defend it in court?

I have a Mini Cooper and it's annoying how the speedo is in increments of 20 MPH!

 

Thanks for letting me know!

 

How does admitting you never exceed 80 make you “innocent”?

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both radar and laser speed calculators require some effort to set up to be used accurately despite the intrinsic accuracy of the kit itself.

 

No-one here can say whether you will get an NIP or not but if you were doing a real 77 mph that may come out as between 70 and 85 on a badly aligned camera so if you do get a NIP for doing 81 the it will be damned difficult to argue that you were knowingly doing 77 so the matter should be dismissed

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if you do get a NIP for doing 81 the it will be damned difficult to argue that you were knowingly doing 77 so the matter should be dismissed.

 

Indeed, and the difficulty you face is that approved measuring devices operated in the correct manner are assumed to be accurate unless the contrary can be shown. You will have to show (not merely suspect or think) that either the device cannot be relied upon or that it was operated incorrectly. Without expert assistance (and even with it) this is difficult. You might be able to cast enough doubt in the minds of the magistrates that you were not travelling at 81mph but they may not be so easily convinced that you were travelling at 70 or below.

 

If you do challenge the allegation, unless you intend to rely solely on expert evidence, you will have to give evidence on your own behalf. The first question you are likely to be asked in cross-examination (if you have not said so in your evidence-in chief) is “how fast do you believe you were going”? You will have three options: (1) to decline to answer; (2) 77mph; (3) 70 or below. Option (1) will see the court make such assumptions as it deems fit by your silence (and they are unlikely to assume you were not exceeding the speed limit). Option 2 will see you convicted. Option 3 is perjury (never a good idea, though you are unlikely to face action for it in these circumstances).

 

My own advice (for what it’s worth) is, if you do receive a NIP, take the option of a Speed Awareness Course which will undoubtedly be offered provided you have not done one for an offence committed less than three years prior to this one. It will cost you about £90, half a day of your time but no points. Few insurers (the Admiral group is the only one I know of) ask you to declare Speed Awareness courses.

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