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I was stopped by police using the laser gun yesterday, from

 
Jomo1972's Avatar
  • Answered by:Jomo1972
  • Barrister
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in UK Traffic Law

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Customer Question

I was stopped by police using the laser gun yesterday, from a distance of 116m, how accurate is this reading, also do the officers have to be in full view carrying out these checks, the said officers motorbikes were parked off the main road in a side street which you could not see until you passed the junction and they were "hiding" behind trees using the gun on oncoming traffic

Submitted: 323 days and 6 hours ago.
Category: UK Traffic Law
Value: £22
Status: CLOSED
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Expert:  Jomo1972 replied 323 days and 6 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

What was the speed limit and what speed were you doing?

Customer replied 323 days and 6 hours ago.

I got clocked doing 55 in a 30

Customer replied 323 days and 6 hours ago.

Relist: Incomplete answer.

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Expert:  Jomo1972 replied 323 days and 6 hours ago.

Do you have any other points?

Customer replied 323 days and 6 hours ago.

3 points SP30, from Nov 2010

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Expert:  Jomo1972 replied 323 days and 5 hours ago.

Are you saying that you were not doing 55mph?

Customer replied 323 days and 5 hours ago.

I probably was, I cant recall exactly what speed I was doing, If they had been in view when I came over the brow of the hill I would have slowed my speed down..what Im asking is do police have to be in full view when using these speed detection devices

Accepted Answer

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Expert:  Jomo1972 replied 323 days and 5 hours ago.

Actually don't worry. I can see whats happened here.

I'm afraid there is no realistic prospect of challenging this easily if you cannot deny truthfully that you were speeding.

Laser guns are more open to challenge than GASTO devices its fair to say. Mostly those arise from the fact that they are mobile though and so affected by location and method of operation. However, with such a wide gap between the speed limit and the level at which you were traveling there is no reasonable prospect of challenge.

The distance you mention is not going to give rise to a challenge.

There has been damaging case law a few years ago on this point anyway which basically just says that the device in question no longer even needs to be a prescribed device as long as the Bench find it reliable which they will given that you were nearly double over the speed limit.

There's no obligation to advertise a detection device of any kind. That is a complete myth. They are perfectly free to hide behind overgrown bushes and catch motorists by stealth. What they cannot do is obscure the speed limit signs in any way. That would give rise to a challenge but thats not what they've done here.

Sorry thats probably not the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my answer and provide feedback and then I will give you related information for free. Your question will not close but I will thereafter give you follow up information at no extra cost.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.8 %
Accepts: 2731
Answered: 5/25/2012

Experience: Bar Exams, over 5 years in practice

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