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PostPosted: Wed Dec 30, 2009 04:33 
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Northampton Chron & Echo wrote:
Speeder's 'no beep' satnav claim thrown out
Published Date: 20 November 2009
A former chauffeur convicted of speeding claimed speed camera evidence was false because his sat-nav had not beeped to tell him he was driving too fast.
Richard Temple, aged 47, was found guilty of travelling at 36mph in a 30mph zone on the A361 Banbury Road, near Byfield, at a hearing at Daventry Magistrates' Court on June 1.
He told an appeal hearing at Northampton Crown Court yesterday that evidence provided by the speed camera in question at the time of the offence was wrong because his company car would have warned him if he were driving too fast.
The court heard Temple had been working for a chauffeur company in West Drayton, Middlesex, at the time of the offence, on September 14, and he had travelled to the Banbury area to pick up a client who was heading to Heathrow Airport.
Justices were shown photographs taken by the speed camera on the road at 6.50pm which showed a recorded speed of 36mph.

Temple did not dispute he had been the driver of the car, or that he had been in the area at the time.
He said: "With the cars we had if you went over a certain limit it gave an audible warning. In a 30mph zone I think it gave a warning at 33mph or 34mph.
"It had the speed limit of particular roads programmed into the system and warned you if you were approaching a speed camera."
Under questioning he added: "I remember the stretch of road and I remember my passenger warning me there was a camera.
"I had been through it on my way to pick up the passenger. I was travelling at maybe 30mph or 31mph. I was definitely doing less than 36mph because there was no beep. I'm adamant I didn't do 36mph."
Temple denied suggestions the sat-nav system could have been inaccurate, claiming he had never experienced a problem before, and the cars were all less than a year old and well-maintained.
Upholding the original verdict, justices said Temple, of Albert Square, Lambeth, London, had been inaccurate rather than dishonest. He will now have to pay the original £110 fine, costs of £400 and a £15 victim surcharge.

Road Safety Issues abound in this article, with the total obsession of how a specific speed is all that is now required of a driver, the inaccurate speedometers being replaced by total reliance of Sat Nav's, a safe speed and conditions forgotten in favour of the ability to be a mile and hour accurate, the side-effect of over reliance with specific numeric values but nothing about safe for conditions or even what they were as they take a back seat to the speed value, the altered perception of road safety as the driver focuses on his livelihood and retaining his license without attracting a fine, points and litigation. And of course the inaccurate system of technology fights each other over a mile an hour, as true road safety is never mentioned.
When speed limits were set at a speed that only 15% of drivers would exceed (if there was no limit), the 85th%ile speed, and when they found that the 85th%ile of drivers had the lowest accident involvement we had the safest roads in the World. 11 of the 18 Police Forces disagreed with the change, now we have mass reductions in the speed limits and masses of additional enforcement, as we predicted and are the roads safer ? Are the drivers better ? No, no. :(

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PostPosted: Wed Dec 30, 2009 10:52 
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That is a pretty terrible defence. It's basically impossible to prove and thus is no more valid than turning up to court and saying "no I didn't"

other issues I see are the defendents reliance on their gadget to keep them safe. I have such a gadget myself and generally support their use but they are purely a backup system to prevent a massive loss due to a momentary lapse.

In a 30 limit you need to be keeping an eye on the roadside anyway, there could be pedestrians about to do something stupid, not to mention other important roadsigns, crossings and so-on. You don't have a device to go beep when some muppet steps out in front of you, so unless this cam was hidden somewhere, or was a talivan, the guy is obviously still failing in his observation.


That said I also have a problem with the way "justice" has been served in this case. For daring to even try to defend himself, he's been fined £525, that's nearly 10 times the amount of a fixed penalty. If that arrangement isn't designed to stop you trying to get justict, I don't know what is.


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PostPosted: Wed Dec 30, 2009 13:07 
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Lum wrote:
That is a pretty terrible defence. It's basically impossible to prove and thus is no more valid than turning up to court and saying "no I didn't"

At least the guy should have had a witness (the passenger who warned him of the camera).

However, the driver could well have been caught out by a bend in the road, the lag effect if accelerating, or a reduced limit that hadn't yet been programmed into the sat nav map.

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PostPosted: Thu Dec 31, 2009 13:28 
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Lum wrote:
That said I also have a problem with the way "justice" has been served in this case. For daring to even try to defend himself, he's been fined £525, that's nearly 10 times the amount of a fixed penalty. If that arrangement isn't designed to stop you trying to get justict, I don't know what is.


With the warning that my comments are based on the press report with no knowledge of how accurate that is, I don't see it that way.

For those who accept that they are guilty as charged, a fixed penalty is in judicial terms, a bargain as it is a significant reduction from the standard penalty guidelines used by courts. This man chose to go to court and plead not guilty. It is important to note that he was charged with exceeding the posted limit. The amount by which he exceeded it is only relevant when deciding the level of punishment. His defence was that his car was fitted with a warning system which made a warning sound at about 33 or 34 MPH in a 30 limit. In other words no defence at all to the charge he was facing.

Add in the comments made by Steve and yourself, raise the question of why a passenger should feel it necessary to warn a professional chauffeur about the presence of a speed camera, consider why he said he didn't hear a bleep not that there was no bleep and you get a picture of just how weak this “defence” was.


The Crown Court ordered that the original magistrates court fine should stand. That was £110 pounds, calculated on a combination of the speed and his income rather than the £60 fixed penalty. The rest was court costs. He chose to present a non defence in the magistrates court and to present the same non defence in the crown court. It seems reasonable to me that he should pay those costs. If he had put forward enough defence to raise a reasonable doubt he would have been found not guilty and not been liable for any penalty. .


EDIT : having re read the quote from the press I see that he did deny that there was a beep.

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PostPosted: Sat Jan 02, 2010 10:26 
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Fisherman, the fine ended up at £525 IIRC. Now, if I had £525 to spend on a fine, what other naughtiness could I get up to for my 525 quid? How much would a kick to Gordon Browns nuts cost me?


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PostPosted: Sat Jan 02, 2010 10:50 
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The fpn is artificially low because the costs attached to court prosecutions are much higher.
If you chose to use your right to argue your case then you should be aware that the costs of that right are higher than just accepting that you are in the wrong (if you are)
I suppose you are arguing that that the fine/costs was higher than the fpn.
Instead you should notice that the fpn is lower than the court fines/costs !
The real problem with THIS case is that he was plainly never going to be found not guilty.

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PostPosted: Sat Jan 02, 2010 14:11 
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fisherman wrote:
His defence was that his car was fitted with a warning system which made a warning sound at about 33 or 34 MPH in a 30 limit. In other words no defence at all to the charge he was facing.


Not strictly true, the absence of the beep would indicate that the speed was below 33/34mph, which of course encompasses 30mph and below. Were we to accept that to be the case, then the speed camera's reading is clearly inaccurate. This is reasonable doubt. I wouldn't like to present it as a defence though, I wonder if he had representation. Now, were the GPS to keep logs, that might be a different matter altogether.

I've often thought it'd be handy for my GPS to maintain logs to the memory card, for purposes such as this, though I've never needed it to date. The problem I can see is whether one could be compelled to provide entire logs, which may be incriminating outside of the scope of the case at hand.

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PostPosted: Sat Jan 02, 2010 15:32 
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The other problem is over-reliance on the equipment.
It is hardly hard work to look for speed signs....

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PostPosted: Sat Jan 02, 2010 15:44 
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jomukuk wrote:
The other problem is over-reliance on the equipment.
It is hardly hard work to look for speed signs....

If is when the signs aren't there, especially where limits are reduced to this 'default'.
It's hardly work to set the limits appropriately...

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PostPosted: Sat Jan 02, 2010 16:19 
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adam.L wrote:
Fisherman, the fine ended up at £525 IIRC.
No. The fine was kept at the level imposed in the magistrates court. £110. The total, including costs and victim surcharge was £525. He brough most of the costs upon himself by pursuing a non defence.

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PostPosted: Sat Jan 02, 2010 16:28 
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RobinXe wrote:
Not strictly true, the absence of the beep would indicate that the speed was below 33/34mph, which of course encompasses 30mph and below.
I take your point. What I was trying to say was that if his beep had been set at (say) 29mph he would have had some kind of defence. With it set at 33/34 although he could say that it showed his speed may have been less than 30, the prosecution could have used the same evidence to show that his speed may have been in excess of 30.

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PostPosted: Sat Jan 02, 2010 17:45 
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fisherman wrote:
adam.L wrote:
Fisherman, the fine ended up at £525 IIRC.
No. The fine was kept at the level imposed in the magistrates court. £110. The total, including costs and victim surcharge was £525. He brough most of the costs upon himself by pursuing a non defence.


I'll ask again....

I have £525 to spend in court, what can I get? How much will it cost me to kick Gordon Brown in the nuts? He's cost me a lot of money.

Also, the "discount" you are giving is so people will come quietly and not question our masters, right?


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PostPosted: Sat Jan 02, 2010 18:00 
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adam.L wrote:
Also, the "discount" you are giving is so people will come quietly and not question our masters, right?


The fact of being financially punished for attempting to prove ones innocence sits uneasily with the concept of innocebt until proved guilty. But any remand prisoner will tell you that that concept is nonsense

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