No Case to Answer Submission

[star3t]

I have an Appeal from the Mags to the Crown Court in respect to a speeding matter.

The only proof is that of two statements from the two officers in the fully equiped patrol car who claim they followed the Defendant for some time and by looking at there speedometer clearly was doing over 100mph as they were doing 100/110 and not gaining on the car. There is no calrabation certificate for speedometer, no vidoe, no audio, nothing other than the polices word, which is alittle different to the what the Defendants says.

Is there grounds for a no case to answer being that without any proof of this by way of speed reading, video audio etc the statements are not enuf to prove beyond reasonable doubt and the CPS evedence is tenuous. Their word against the Defendants?

[CleverClogs]

Re: No Case to Answer Submission

I take it that your motor car was not a Reliant Robin?

[wales01man]

Re: No Case to Answer Submission

Worth a try but if the Magistrate feels mean they could up the fine a bit Magistrates tend to believe coppers

[star3t]

Re: No Case to Answer Submission

Worth a try but if the Magistrate feels mean they could up the fine a bit Magistrates tend to believe coppers

In all respect they can belive what they like they seem to day in day out and yet they are not even legal trained as to the law, what is of importants is the "beyond a reasonable doubt" which clearly has not been met and the CPS have to prove there case beyond a reasonable doubt and there case is nothing more than their word against the Defendant. Look at this another way. If this was before a Jury say, would they be able to convict on that...NO not unless the defendant amidit his guilt.

[star3t]

Re: No Case to Answer Submission

I take it that your motor car was not a Reliant Robin?

It is not my car that is in question my friend, but the image protrayed leave a smile on my face...lol

[wales01man]

Re: No Case to Answer Submission

You take your argument into a court and good luck.
Sorry to say you wont get a jury trial just a magistrate able to fine you and give you points if they find you guilty

[CleverClogs]

Re: No Case to Answer Submission

As it would appear that you were travelling in excess of 70 mph regardless of how the woodentops came to that opinion, you may need specialised help.

http://www.nickfreemansolicitors.co.uk/

[des8]

Re: No Case to Answer Submission

In order for you to be convicted of speeding an officer needs to provide evidence of corroboration of his opinion that you were speeding.
This is normally by camera/laser or speedometer in his own vehicle or BY A SECOND OFFICER.
If it was on a motorway no corroboration is required.

If you can afford the fees, go with CC's suggestion, otherwise try Pepipoo. Someone there might be able to suggest a defence for you.

[CleverClogs]

Re: No Case to Answer Submission

Or try praying to St Jude? (link)

[star3t]

Re: No Case to Answer Submission

Thanks guys,

The Defendant states that the defendant was not speeding and was quite shocked to have been pulled over and that the officer is either mistaken or is lying.

[wales01man]

Re: No Case to Answer Submission

And why were the Police lying?a question a magistrate may ask

[des8]

Re: No Case to Answer Submission

..... and if that is your defence, the advice is plead guilty, apologise and grovel and don't irritate the magistrate

[star3t]

Re: No Case to Answer Submission

And why were the Police lying?a question a magistrate may ask

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 simlar to that.

[star3t]

Re: No Case to Answer Submission

..... and if that is your defence, the advice is plead guilty, apologise and grovel and don't irritate the magistrate

This matter has be before the mags court found guilty and it is on appeal to the Crown Court now by way of a rehearing. The Defendant contest he was not speeding at all. He had no reason to be going at such speed

[wales01man]

Re: No Case to Answer Submission

Good luck Please come back with the result