Safe Speed Forums

The campaign for genuine road safety
It is currently Tue Apr 28, 2026 20:16

All times are UTC [ DST ]




Post new topic Reply to topic  [ 9 posts ] 
Author Message
PostPosted: Tue Feb 03, 2009 21:09 
Offline
User
User avatar

Joined: Mon Mar 08, 2004 21:41
Posts: 3608
Location: North West
http://www.manchestereveningnews.co.uk/ ... _challenge


I know you can get ID by hitting the link. I call him Mr B :wink:

My wife and I have just agreed on which bits to highlight here. We did have a slight difference as to slant to put emphasis on. But I think we hit the key points for folk to look at. especially cam-op :wink:


I think cam-op will latch to the italics. :wink:

We put :? :? etc on the bits we are :? about :wink:


We have put a few requests for cam-op and police etc views within the quoted piece.

Quote:
Driver's speed trap challenge

February 03, 2009


A MOTORIST bringing a test case on speed camera convictions told a court he `firmly believed' he did not exceed the speed limit.

Aitken B, 61, claims an inaccurate reading was recorded by a mobile laser gun and also contests the legality of the piece of equipment which captured his speed.

His lawyers argue that legislation covering speed cameras introduced since 1992 is flawed. :? :?

The devices are currently passed by the Home Secretary but campaigners say they are classed as statutory instruments and should face scrutiny from the House of Commons and the House of Lords before coming into force. :mrgreen:

Manchester Crown Court has heard the parliamentary procedure was bypassed because of the effective rubber-stamping of the speed devices.

Repayment

A successful appeal on the constitutional principle could lead to hundreds of thousands of motorists demanding repayment of millions of pounds in fines and the annulment of penalty points and bans. :D

Mr B, of Lymm, Cheshire, was clocked driving at 52mph in a 40mph zone near Manchester city centre in November 2006.

Defence barrister Michael Shrimpton said Mr B's Mitsubishi Galant could not have been travelling at 52mph because a Toyota Landcruiser travelling 25m behind was clocked at 45mph. The Toyota was clearly decelerating while the Mitsubishi, which showed no signs of braking, was more likely doing 40mph, he said. :popcorn:

He added that the LTI 20/20 Speedscope laser gun was also pointed below the Mitsubishi number plate and picked up reflections from the engine bay, the vehicle's underside and the road surface which contributed to an unreliable reading.
CAM OP. don't want to shout at you or appear to .. but can you put your side of the story on this one? Ta :|


Giving evidence, Mr B said he could not recall precisely what speed he was doing on Princess Parkway. :? (Have to say . we are aware most of the time. We apply .. um.. COAST }

Extreme

He said: "I firmly believe I was not exceeding the speed limit but I cannot say what speed I was doing."

Both me and Wildy find this bit intriguing. So . they admit that just the slightest inadvertent pressure could lose a licence here.. if at the wrong cam place at the wrong time. Not my idea of "road safety nor improving standards. Better to teach folk a bit more about physics and break horse powers :? :?


Cross-examining, Andrew Perry, said a vehicle of his power would not need an extreme amount of pressure on the accelerator pedal to go from 40mph to 52mph. "I suggest to you that for whatever reason your concentration lapsed, your foot hit heavy and you were caught doing 52mph," he said.

for a split second of a pull on a trigger .. does not mean dangerous

Mr B said: "No, I do not accept I exceeded the speed limit."

Earlier, Mr Shrimpton argued there was no case to answer at the end of the prosecution case but Judge Jonathan Gibson - who is hearing the matter with two lay magistrates - disagreed.

I do not agree on no case to answer as a win would be a real sword thrust in the gut of the scammers

:wink:



Ruling the case should continue, he said: "We have to decide if there is any evidence at all that the defendant committed the offence and secondly if there is such evidence is there sufficient upon which we can properly convict.

"It seems to us the various factors advanced upon us are not sufficient at this stage to say there is no case to answer."

Proceeding


I think a fair call. :popcorn: Pray God his lawyer fights it rightly.

_________________
If you want to get to heaven - you have to raise a little hell!

Smilies are contagious
They are just like the flu
We use our smilies on YOU today
Now Good Causes are smiling too!

KEEP SMILING
It makes folk wonder just what you REALLY got up to last night!

Smily to penny.. penny to pound
safespeed prospers-smiles all round! !

But the real message? SMILE.. GO ON ! DO IT! and the world will smile with you!
Enjoy life! You only have the one bite at it.


Top
 Profile Send private message  
 
PostPosted: Tue Feb 03, 2009 22:22 
Offline
Gold Member
Gold Member
User avatar

Joined: Wed Dec 08, 2004 14:26
Posts: 4364
Location: Hampshire/Wiltshire Border
I think you highlighted the wrong bits. The only important statement here is this:

Quote:
A successful appeal on the constitutional principle could lead to hundreds of thousands of motorists demanding repayment of millions of pounds in fines and the annulment of penalty points and bans.

This will guarantee that he loses even if he is actually correct. His case and lawyer are irrelevant.

Yes, I know I am cynical.

_________________
Malcolm W.
The views expressed in this post are personal opinions and do not represent the views of Safespeed.


Top
 Profile Send private message  
 
PostPosted: Tue Feb 03, 2009 22:29 
Offline
User
User avatar

Joined: Mon Mar 08, 2004 21:41
Posts: 3608
Location: North West
malcolmw wrote:
I think you highlighted the wrong bits. The only important statement here is this:

Quote:
A successful appeal on the constitutional principle could lead to hundreds of thousands of motorists demanding repayment of millions of pounds in fines and the annulment of penalty points and bans.

This will guarantee that he loses even if he is actually correct. His case and lawyer are irrelevant.

Yes, I know I am cynical.



malc. me and Wildy .. the eternal optimists who try hard to believe in the law and the courts.

I think you may be right though.. :roll:

I hope not. I am willing the guy to win here :wink:

_________________
If you want to get to heaven - you have to raise a little hell!

Smilies are contagious
They are just like the flu
We use our smilies on YOU today
Now Good Causes are smiling too!

KEEP SMILING
It makes folk wonder just what you REALLY got up to last night!

Smily to penny.. penny to pound
safespeed prospers-smiles all round! !

But the real message? SMILE.. GO ON ! DO IT! and the world will smile with you!
Enjoy life! You only have the one bite at it.


Top
 Profile Send private message  
 
PostPosted: Tue Feb 03, 2009 22:45 
Offline
Camera Partnership Staff
Camera Partnership Staff
User avatar

Joined: Tue Apr 26, 2005 19:48
Posts: 1995
Quote:
He added that the LTI 20/20 Speedscope laser gun was also pointed below the Mitsubishi number plate and picked up reflections from the engine bay, the vehicle's underside and the road surface which contributed to an unreliable reading.
CAM OP. don't want to shout at you or appear to .. but can you put your side of the story on this one? Ta :|


he would say that though, he is paid to get the defendant off

Quote:
Defence barrister Michael Shrimpton said Mr B's Mitsubishi Galant could not have been travelling at 52mph because a Toyota Landcruiser travelling 25m behind was clocked at 45mph. The Toyota was clearly decelerating while the Mitsubishi, which showed no signs of braking, was more likely doing 40mph, he said. :popcorn:


irrelevant

Quote:
Both me and Wildy find this bit intriguing. So . they admit that just the slightest inadvertent pressure could lose a licence here.. if at the wrong cam place at the wrong time. Not my idea of "road safety nor improving standards. Better to teach folk a bit more about physics and break horse powers :? :?



whys that its normally £60 and 3 points unless the defendant is of course a habitual lead right footer

_________________
now retired


Top
 Profile Send private message  
 
PostPosted: Tue Feb 03, 2009 22:54 
Offline
User
User avatar

Joined: Mon Mar 08, 2004 21:41
Posts: 3608
Location: North West
I am asking for deep thought on this one :wink:

_________________
If you want to get to heaven - you have to raise a little hell!

Smilies are contagious
They are just like the flu
We use our smilies on YOU today
Now Good Causes are smiling too!

KEEP SMILING
It makes folk wonder just what you REALLY got up to last night!

Smily to penny.. penny to pound
safespeed prospers-smiles all round! !

But the real message? SMILE.. GO ON ! DO IT! and the world will smile with you!
Enjoy life! You only have the one bite at it.


Top
 Profile Send private message  
 
PostPosted: Wed Feb 04, 2009 11:01 
Offline
User

Joined: Wed Nov 30, 2005 15:30
Posts: 643
Mad Moggie wrote:
I am asking for deep thought on this one :wink:


Deep Thought says the answer is 42...


Top
 Profile Send private message  
 
PostPosted: Wed Feb 04, 2009 11:38 
Offline
Friend of Safe Speed
Friend of Safe Speed
User avatar

Joined: Sun Sep 25, 2005 10:16
Posts: 7986
Location: Moved to London
semitone wrote:
Mad Moggie wrote:
I am asking for deep thought on this one :wink:


Deep Thought says the answer is 42...

... but what was the question? :)




Quote:
He added that the LTI 20/20 Speedscope laser gun was also pointed below the Mitsubishi number plate and picked up reflections from the engine bay, the vehicle's underside and the road surface which contributed to an unreliable reading.

This doesn't matter even if the laser bounced off moving parts (such as the fan), this won't affect the measured speed reading. Not that this even matters, the crosshairs of the video isn't proof of where the laser actually is.

Quote:
a Toyota Landcruiser travelling 25m behind was clocked at 45mph

Was it 25m behind when the alleged offender was pinged, or was it 25m further back compared to when the alleged offender's vehicle was pinged so making the distance between them greater than 25m ?

Has anyone got any links to photo/video footage?

_________________
Views expressed are personal opinions and are not necessarily shared by the Safe Speed campaign


Top
 Profile Send private message  
 
PostPosted: Wed Feb 04, 2009 21:28 
Offline
Camera Partnership Staff
Camera Partnership Staff
User avatar

Joined: Tue Apr 26, 2005 19:48
Posts: 1995
Mad Moggie wrote:
I am asking for deep thought on this one :wink:


what on the type approval process or the position of the cross hairs

http://news.bbc.co.uk/1/hi/england/manchester/7870763.stm

so he lost then

_________________
now retired


Top
 Profile Send private message  
 
PostPosted: Thu Feb 05, 2009 20:49 
Offline
User
User avatar

Joined: Mon Mar 08, 2004 21:41
Posts: 3608
Location: North West
http://www.manchestereveningnews.co.uk/ ... ul__courts

He was on BBC North West last night. He did not come across as some arrogant person. He did not look like a "speeder". If I happened to meet him .. my first chatterings might have been on bicycles from appearance :confused: (He fit the image .. of roady cyclist more. He looked like a thinner version of "Tom V - the Fat Man in France" on the eye. :lol:

He must feel very strongly about this though as he is still thinking of appealing further up the courts .. even though this case has so far cost him £13K in fines and court costs.. not including his legal fees. :popcorn:

Well.. he has not ruled it out .. even though he could have just accepted the cheaper option in the first place. It was, to him, a matter of principles and morals and justice. He is convinced he was not above that speed limit and his heart and brain will tell him so forever. Now this is perhaps the nub of the whole problem. Folk get pinged. They pay up because of the threats/fears of costs to defend .. yet feel and believe deep down that they most certainly were not speeding

I think from some of the blurb that this case is tip of an avalanche of cases and one just may break the glass bubble. We know for off media record fact Freeman is involved with one of these :popcorn: in the "stack up."

My wife says too many simply do not "feel the speed or their cars as she does!" Now for the record and without bias or prejudice . Wildy is a precisely skilled motorist by virtue of that German training in the first place. :bow: She can tell me the speed without a glance across over at the dash if I am driving.. fairly precisely .. so she is perhaps the better driver of the two of us because of this uncanny "feel" she appears to show at any one time. The other odd thing about my wife is the memory. She has the brain similar to a speed detecting gadget's database and radar.. :yikes: She remembers the roads and where she noted a speed cam/van. :yikes: :shock: She says it's because she concentrates on her driving with intensity. I just think she's got a unique skill when it comes to wheels and is perhaps The Stig's sister. :lol: on the quiet.

Again.. I will edit to remove the name even though he is named in the MEN. I do so because I have not asked him if I can post his case for discussion on a friendly-ish motoring site after all. I am sure he would not mind. I think he may well be a supporter anyway :wink:


MEN wrote:
Speed cameras lawful - courts


February 04, 2009

A RETIRED businessman is facing a £10,000 bill after losing a test case questioning the legality of speed cameras.

Mr B, 61, from Lymm, lost both an appeal against a personal speeding conviction and the test-case that all speed camera devices used on Britain's roads since 1992 are illegal.

Had he won the test-case it could have opened the floodgates to thousands of speeding appeals by drivers. But after a five-day hearing at Manchester Crown Court Judge Jonathan Gibson ruled against him.

Now he faces a claim against him for up to £10,000 in prosecution costs, and will have to decide whether or not to pursue his claim in a higher court.

Former computer engineer Mr B said: after the hearing: "I'm obviously disappointed at the judgement.

"Whether we go ahead and pursue this issue is something I will have to think about, but I think the judgement was wrong on both counts."

He said he regretted bringing the case in some ways. "I am being exposed to huge costs when you consider that at the start of all this I could have paid an offered £60 fine and had three points on my licence.

"On the basis of the unfair regime for motorists out there however, I'm not sorry. This is something that needs to be aired. :clap:

"There is an assumption that there is some form of blackmail to dissuade people like me from taking up the legal opportunity to have their case tested. This judgement will deter a lot of other people from similar challenges."

But a number of similar speeding appeals are already in the legal pipeline and set to come before numerous courts over the next few months.

:listenup: He's no fool if he did this for a living. He knows a lot more about cross hairs on that basis. Missile guidance is rather more advanced than a laser gun aimed at a car from a human being's hand. If he had been called as an expert witness pro the device .. he could argue the other toss :wink: and be believed too

Mr B, who at one time worked on weapons aiming systems for Ferranti, had appealed against a conviction for speeding after he was clocked by a laser-gun travelling at 52mph in a 40 limit on Princess Parkway, Manchester, in his Mitsubishi Gallant in November 2006.

He told the appeal hearing that he 'firmly believed' he had not been exceeding the limit, and claimed that the LTI 20/20 Speedscope device that targeted him must have given an inaccurate reading.

Mr B also claimed that the way roadside speed cameras have been authorised since 1992 have been illegal.

His case centred on a change of law which his legal team maintained meant orders approving such devices over the past 17 years should have been put before Parliament for scrutiny as well as being 'signed off' by the relevant Home Secretary.

Judge Gibson, who was assisted by two lay-magistrates, ruled that this was a wrong interpretation of the law, that the Secretary of State had the rightful power to authorise the equipment, and that Parliament still has the power of veto.

On the appeal against the speeding conviction, the court was told that there was at least a serious doubt as to the accuracy of the 52mph reading when the Mitsubishi was clocked. But Judge Gibson said he had been impressed with evidence given by the gun operator Guy Williams, a former police traffic officer, who had wide experience of using the equipment.

He said Mr Williams's opinion that the Gallant had been travelling in excess of the limit had been correctly corroborated by an accurate laser-gun reading.


As IG has said to me over the phone.. Police officer will suspect and use the device to confirm his suspicion. He knows that best results are obtained if the device is mounted on a tripod as we all as keen photographers know wecan all suffer a hand shake which can indeed influence overall sharpness of result. :popcorn:


Manchester caused outrage when all cam op duties were given to civilians.

FOI shows GMP slumped on Road Safety from 2006 when they did this.

:popcorn:

They were at top to the charts on detecting potentially rabid terrorist cells.


On the crimes which the public actually judge on and need help with.. GMP scored less than adequately. I will agree that England's second largest city is understaffed in police manpower and that some problems are simply chav related and at mercy of the feeble lentilist phoney brigade.


IG says he has to show all procedures were followed and that all paperwork has to be completed correctly for the courts. He says he was trained in court procedures as well .. as police are also on trial to some extent in his opinion.

I am the rebel though. I cannot help but think courts are swayed too much by "expert opinion" and would refer to the tragic cot death baby convictions which occurred because of a now discredited "expert". :banghead: I am shamed to think that guy belonged to the medical profession. I have the same opinion of Shipman and Allitt by the way. I do not defend those who sully my profession. Ever. I have nothing but contempt for Meadows. He lied. He destroyed lives as much as Shipman did. I have not one shred of support for such types in my bones and in my soul. I would expect fellow professionals such as police and teachers and lawyers to feel likewise about such fools who seriously undermine the decent majority.


Reader comments to date .. support Mr B overall. :wink:

Click to my link. :hehe:


I hope he appeals if he can. I will lookout for the other cases all the same. One just might set the precedent to set off the avalanche :popcorn:

_________________
If you want to get to heaven - you have to raise a little hell!

Smilies are contagious
They are just like the flu
We use our smilies on YOU today
Now Good Causes are smiling too!

KEEP SMILING
It makes folk wonder just what you REALLY got up to last night!

Smily to penny.. penny to pound
safespeed prospers-smiles all round! !

But the real message? SMILE.. GO ON ! DO IT! and the world will smile with you!
Enjoy life! You only have the one bite at it.


Top
 Profile Send private message  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 9 posts ] 

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 262 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You can post attachments in this forum

Search for:
Jump to:  
Powered by phpBB® Forum Software © phpBB Group
[ Time : 0.064s | 11 Queries | GZIP : Off ]