Safe Speed Forums

If an NIP comes to my employer ( I am an LGV1 Driver) does the NIP have to show the date + time in hours/mins/secs of the offence and also can my tachograph be used in evidence to a) corroborate or b) disprove the offence and would the court accept tachograph evidence if it disproves speed camera information ?

I have been told that the police WILL NOT issue photos unless you attend court which means that on photo evidence alone you are guilty and it is up to you to prove your innocence

If this is the case I would have thought they (the police) are guilty of witholding evidence and therefore are denying you the right to a fair hearing (how can you offer a defence when they deny you the right to see any evidence that they hold) ?

Would a burglar or murderer be denied the right to see any evidence
I think not ?

Stormin

I suggest going to:

www.pepipoo.com

just about all the legal stuff is on there

If they want to use the photos in court they have to disclose them at least 7 days beforehand. They don't have to give them out before that. If they miss something out of their evidence bundle they can't use it in court. That doesn't stop them trying though.
Tachographs can and have been used in court, but I believe they were accompanied by a tachograph reading expert who analysed the data somehow.
I think the NIP has to show the date & time in hours and minutes, I don't think seconds are required because when this law was thought about it would require police to stop you, so minutes could easily pass while stopped and wouldn't matter.

But I'm no legal expert, I've just been reading PePiPoo.

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Andrew.

Tachograph evidence has been used to prove a camera was defective in the past. The SCP/CPS took it all the way to court before admitting that they already knew vehicles with large flat rear surfaces can give false readings. Of course they should have checked the speed against the road markings and they never quite explain how that doesn't seem to happen.