caught speeding but no camera
i recently overtook an unmarked car and after that he followed me and i was doing over 90mph but no more than 100mph he eventioly put his lights on and stopped me.
he ask me to take a breath test which i passed and he also read my rights as he was writing on a piece of paper the one that you write when you go to tesco some information and he told me that i was doing around 97mph but only because of how fast he was going on his speedo as he did not record me or flash me with camera.
he then told me that i may receive something on the post. and caution me.
he also check all my documents which were in order
i am a bit puzzeld as why he did not make me sign anything or not give me a ticket, nothing at all he just let me go.
I am not a legal expert but I know policemen are often trusted as being reliable at estimating the speed of a car using their own instinct and not a machine of any sort. I'm not saying I agree with this, as policemen can get it wrong sometimes and it is unfair. Whether or not you were going at 97mph, you have admitted with apparently no problem that you were going at over 90mph, which is severely over the limit, so if you do get any punishment I think it would be best to accept it and drive within the speed limits in the future. But maybe you have been very lucky this time if he didn't issue a ticket or anything. However, he could still have taken your details when he was writing/looking at your documents? So I would wait and see.
It sounds like you were given a verbal nip so no need to sign anything.
Originally Posted by lamogio
If he proved who was driving etc then it may be a case of waiting to see if you get prosecuted.
As you were stopped at the time, and cautioned, it is not necessary for them to write to confirm. You will be reported to the Department that carry out prosecutions, and they will make a decision as to whether or not to prosecute you. As you were accused of doing more than 90mph, I would think they will prosecute, so the next thing is you will receive a Court Summons through the post. As for your comment about a camera, it is not necessary for them to photograph you, as they will attend Court as witnesses to your offence.
Something to think about:
As to your overtaking them, I think it shows a definite lack of observational skills that you did not see them for who they were. (They still wear uniforms. He also had lights, hidden or not.) Do you really think it is suitable for you to be driving at that speed, on a public road, with such a lack of such skills?
ok thanks a lot,
i forgot to mention that i am not proud of what i did by no means,i know it was stupid and i admite that to the officer in charge,but i still did not get a clear message from him,first he said i would need to attent court after he said i MAY receive a letter in the post,and nothing on a formal paper?no ticket?just a pad that the waiter takes your order with!!
Sorry I cannot add to what happens next, I assume that in the cop’s opinion you were not doing anything really dangerous in the context of where you were or else I would have expected more paperwork. Good luck any way.
Unless the situation has changed very recently, apart from static cash machines, you are being fined because in the opinion of the cop you were exceeding the speed limit. Photos, guns etc. are just supporting evidence. Does anyone know better?
I had a college who was caught by a cop with radar gun. The college decided to contest the fine on the grounds that the cop was not visible – he had been using a bus shelter as cover -. If I remember this correctly he defended himself and got the charges withdrawn. In the light of this I wonder how a plain car would stand up in court.
Last edited by wagolynn; 09-05-09 at 17:51.
There seems to be several misunderstandings with this and other similar posts. I stand to be corrected if my information is not correct.
The Tesco pad is the Constable's Pocket Book. All police carry these to make notes at the time of any incident and to record happenings. In some films where a police officer is giving evidence in court, he will make reference to and read from that pocket book.
The Gatsco camera flashes twice, 0.7 seconds apart, to enable adequate lighting of the vehicle if is in breach of the speed limit. Normally, the trigger is set 10 mph above the limit. The 2 flashes which each record an image enables the position of the car to be determined against the 'ladder' on the road. The number of 'rungs' confirms how fast the vehicle was travelling.
The Truvelo camera, forward facing, uses infra red light to illuminate the vehicle to photograph it if in breach of the speed limit. You can not see infra red light and would be unaware of the 'flash'.
Mobile speed camers, vans etc, use a hand held camera which uses a laser beam or Doppler beam to determine the speed of the vehicle. The sight target must be set on a vertical surface i.e. number plate, and if the speed is excessive enables a digital image to be stored which also captures the speed, date and time. No flashing takes place.
I belive still used is VASCAR, Vehicle Average Speed Computer And Recording. This requires the suspected vehicle being timed over a known distance. From these two parameters, average speed can be calculated. Again, no flashing.
Measured distances on motorways and dual carriageways are identified by a round disc on a support in the Armco barrier. Normally there are 5 such discs; the first is white, quarter mile further the disc has 3 quadrants white and1 quadrant red. The half mile is half read and half white, the 3 quarter mile is 1 white and 3 red and the mile marker is red.
Unmarked police cars and traffic cars have calibrated speedos and show speed in 1 mph indications and theses cars will be calibrated very frequently to ensure accuracy.
Unmarked cars will have tell tale signs; normally 2 persons, 2 internal rear view mirrors, maybe an additional 1 or 2 aerials which look different from the normal radio aerial. Sometimes there are cords in the rear window or a small rectangular box which will house the 'STOP POLICE' message.
From the above, you can see that there are possibly 3 times when excessive speed can be recorded without flashing. I believe some systems can also record without the flashes.
You seem aware you were driving in excess of the speed limit, the car that followed you must have increased its speed to keep up with you - another warning sign which you ignored.
As a previous poster has indicated, you seem to be driving without adequate skills and the first of those skills is discipline. You need the self discipline to maintain the speed limits.
Agree with Loony on this. You had your documents with you so he made notes in his pocket book by the sound of it. He would then have all your details. He would only have given you a 'producer' (HO/RT/1) if you had not been able to produce your driving licence, insurance or MoT (if applicable). As he cautioned you it does sound like he has given you a Notice of Intended Prosecution verbally which is acceptable in law and negates the need to send one in the post within 14 days.
As for being followed, Tony Aston is correct, as he only has to follow you at a steady distance for about a quarter of a mile to get an accurate assessment of your speed and at 90+mph that will be very quickly. No cameras, no flashes etc. The calibrated speedometer in his car will need to be checked at regular intervals to ensure its accuracy.
Failure to do this has sometimes allowed a prosecution to fail. You should receive a summons within 6 months if you are to be prosecuted so wait and see.
I thought that in general the speed was - speed limit + 10% speed limit +1 – thus 30 limit setting would be 34.
Originally Posted by Tony Aston
Your comment is the ACPO recommendation for prosecution and I believe is correct.
My figure of 10 mph is based on talking to a civilan 'officer' who maintains the fixed speed cameras in Oxfordshire. He also told me that the level set for lorries was about 12 mph above the limit. I was unaware at the time of speaking to him that 2 levels can be set; one for lorries and one for cars. The set limit may vary from force to force.
As I said at the beginning of my previous post, I stand to be corrected.
Nevertheless, if you are not speeding, it does not matter what the set point is!