Speeding Tickets: Never ask for the Photo
02 March 2006, 12:11 PM
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Speeding Tickets: Never ask for the Photo
Just read interesting article in MCN... on Speeding fines.
Remember how you can never get a photo out of some county's police forces.
Seems the Rossers MUST provide you with the Photo BEFORE the court date.
Photo or film evidence is required by law to always be submitted to defendants at least seven days before a trial and that, because camera partnerships fail to meet the requirement, nearly all speeding prosecutions are based on inadmissible evidence.
**** me.
Seems the guy who got David Beckham and Sir Alex Fergy off is also getting lots of people off too on the same basis. If they dont send the photo - come court time - its walk time
So DONT ask for the PHOTO! Go to court and fight LOL.
http://www.motorcyclenews.com/nav?pa...EWS_OTHER-NEWS
and
http://www.motorcyclenews.com/nav?pa...EWS_OTHER-NEWS
Remember how you can never get a photo out of some county's police forces.
Seems the Rossers MUST provide you with the Photo BEFORE the court date.
Photo or film evidence is required by law to always be submitted to defendants at least seven days before a trial and that, because camera partnerships fail to meet the requirement, nearly all speeding prosecutions are based on inadmissible evidence.
**** me.
Seems the guy who got David Beckham and Sir Alex Fergy off is also getting lots of people off too on the same basis. If they dont send the photo - come court time - its walk time
So DONT ask for the PHOTO! Go to court and fight LOL.
http://www.motorcyclenews.com/nav?pa...EWS_OTHER-NEWS
and
http://www.motorcyclenews.com/nav?pa...EWS_OTHER-NEWS
02 March 2006, 01:11 PM
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The second link leads to a blank page for me
This defence can only work for fixed cameras where the photo is the primary evidence. As we know mobile cameras are only used to confirm the prior opinion of the officer holding the gun, and therefore the photo need not be relied upon.
This defence can only work for fixed cameras where the photo is the primary evidence. As we know mobile cameras are only used to confirm the prior opinion of the officer holding the gun, and therefore the photo need not be relied upon.
02 March 2006, 05:47 PM
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This isn't a new development. I used the same defence 3 or 4 years ago. I think in reality you'd have a hard time getting it thrown out just because the CPS didn't bring a photo, especially if you didn't ask for one. If you are defending yourself the very first thing you'd do would be to badger the CPS for all the evidence that the prosecution relies upon, no later than 7 days prior to trial. It would seem odd that you were confident enough to defend yourself at court yet didn't think to ask for the evidence. In this case it would be more than likely be adjourned to give them time to find the photo.
Speedking - correct, but the other side of the coin is that although technically they don't have to have any other evidence beyond their own opinion, it's a real stretch to ask magistrates to convict solely on a single police officer's say so.
Speedking - correct, but the other side of the coin is that although technically they don't have to have any other evidence beyond their own opinion, it's a real stretch to ask magistrates to convict solely on a single police officer's say so.
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