Speeding evidence prosecution DEMO EXAMPLE - Did the Passing car cause the 37Mph? or the Driver? or the Gun itself?
The van in the photograph as recorded by the police as driving at 37mph in a 30mph road. The police want to Prosecute the driver. An N.I.P. is sent to the driver, with a photograph (below) no other evidence is provided.
The defence requested the video, evidence but it was witheld by the police. Even though there was an appeal to Crown Court.
This is what happened (event)
3 years later, the defence manage to obtain a video. the above video is not sent. Instead the defence is sent the below video prosecution evidence.
The Law operates by this premise.
YOU ARE INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW.
The Police operates on this premise.
YOU HAVE THE RIGHT TO REMAIN SILENT (NOT ON THIS OCCASION OR FOR THIS OFFENCE) BUT ANYTHING YOU DO SAY (or do), CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW.
The driver did not record his vehicles speedometer at the time with a video, but gave statement that he was not exceeding the threshold speed allowance of 35mph. The vehicle was fitted with satellite tracking that records the vehicles exact speed at 1 minute intervals. The recorded speed was 34mph just before it was in range of the police van.
These are the statements:
Prosecution: The vehicle was Doin' 33mph and proceeded to exeed the 36mph CPS published prosecution policy of 36mph by driving at 37mph in a 30mph limit. The vehicle slowed to 35mph shortly after just under the speed threshold.
Defence: I was drving the vehicle at approximately 35mph. I did not exceed the error allowance on a 30mph road. The Kustom Signals Prolazer III gave a higher reading by its slip effect on the front shape of the vehicle. A vehicle passed close but the beam went over its roof. I did not reach 37mph.
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