No Case to Answer Submission

[des8]

Re: No Case to Answer Submission

Can we assume you have taken professional legal advice about this appeal, and have been advised of the risk
of a harsher sentence and payment of prosecution costs if you lose and it is considered you should not have brought the appeal to begin with?
In post 5 you mention a jury. I suppose you are aware that appeals are heard before a circuit judge and between two and four magistrates? No jury involved.

I wish you all the best, but IMO on the information posted.......:tinysmile_cry_t:
But do let us know the result.

[CleverClogs]

Re: No Case to Answer Submission

You'll need more details than "the other car was going in another direction", which was why I (seriously) suggested employing Mr Loophole.

On what road did the alleged speeding offence occur and about how far away from it were you at the time?

Why did neither woodentop make a written note of the registration of the other motor car?

[des8]

Re: No Case to Answer Submission

.............and now we get more information. Another car and travelling in opposite direction. Not as originally posted
See CC's advice and contact Mr Loophole.

[enquirer]

Re: No Case to Answer Submission

Earlier the officer stated he saw a simlar car goes past him at speed, this was the reason the officer took pursuit. The officer can not be sure the defendants car is the same car that that went past earlier, and in all fairness it wasn't as the defendant had came from a different direction, but at the time the officer assumed it was. The officer used his "pursuit" speed, assumed the defendants car was the car that went pasted him earlier and pulled him. There was never any following from the police car because the officer was in pursuit of the earlier car, just so happen that the Defendants car was similar ...

If they put this in their statements, they were fools to prosecute.

This certainly isn't 'beyond reasonable doubt'.

[wales01man]

Re: No Case to Answer Submission

The OP says the Police followed him after seeing a car similar to his travelling in the opposite direction and then followed the OP car at speed at then said the OP was speeding because they had to go at 100 plus to catch them?
the police normally would say the car was observed between 2 points a distance apart at a speed of????. The claiming that they did not have calibrated instruments to measure speed my stand but it has always been allowed that the word of the copper is good enough.

I read the thread on MSE last night the OP there took a gamble in court and got a hefty fine and 4 points when he could possible accepted the awareness course I thought they made one hell of a mistake magistrates and in this case maybe appeal Courts punish offenders for fighting the system probably to deter others.

lets all hope the OP at least has a fair crack off the whip in court just hope we hear the outcome.

[enquirer]

Re: No Case to Answer Submission

Courts punish offenders for fighting the system probably to deter others.

X fought a speeding ticket and lost. The magistrate (a classic Colonel Blimp), took umbridge that X had dared to defend, and imposed costs of £100, rather than the usual £60.

X casually asked if the increased costs were an addition to the penalty, and the reply was 'Yes'. This is unlawful and gives immediate grounds for appeal.

X asked the Clerk to record that comment and the Bench went out for a break. Grinning, the Clerk then came up to X and said 'I know what you are up to and I'm putting the costs down as £60'.

[wales01man]

Re: No Case to Answer Submission

If anyone gets a fixed penalty for speeding or any other motoring offence they get a choice to pay or fight it in court. The maximum fine for speeding is 1k or for motorway 3.5k and 3 to 6 points this is normally a deterent to most.
Its not hard to see why magistrates up the penalty its a gamble if you try to win and most times you will lose the best way to avoid the first fixed penalty is not to speed or commit other traffic offences.
I am not preaching but we all know the laws of the road and really have no excuse when we break them.

[CleverClogs]

Re: No Case to Answer Submission

It's not hard to see why magistrates up the penalty

Indeed it is not.

It gives them an undeserved sense of superiority.

[star3t]

Re: No Case to Answer Submission

The Defendant abandoned the Appeal this morning at the Crown Court, as the CPS had recovered the VIDEO footage from the patrol car that very morning, which shows the Defendant was indeed and "beyond any reasonable doubt" speeding over the 70 limit.

Upon viewing the Defendant abandoned his appeal, No costs were agreed by Defendant and CPS as this VIDEO was not present at the Mags hearing and has only just come to light as such it would be unfair to impose cost order. Which was upheld.

The Defendant therefore takes his lickings as per Mags order - and NO I am not the Defendant.

[enquirer]

Re: No Case to Answer Submission

No costs were agreed by Defendant and CPS as this VIDEO was not present at the Mags hearing and has only just come to light as such it would be unfair to impose cost order. Which was upheld.

Translation: CPS keen to bury their blunder as quickly as possible.