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 Post subject: Speeding case dismissed
PostPosted: Fri Jan 04, 2013 13:22 
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http://www.bedfordshire-news.co.uk/News/Motorist-overturns-M1-speeding-fine-after-snapping-misleading-sign-on-phone-20130104103007.htm

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Motorist overturns M1 speeding fine after snapping misleading sign on phone
Written byADAM THOMPSON

THIS PICTURE showing a ‘camera not in use’ sign got a case thrown out of court after a defiant motorist proved she was wrongly charged with speeding.
Chantal Follett, 23, of Biggleswade, was accused of breaking a 50 mph speed limit on the M1 in March last year while travelling northbound near Toddington despite signs up saying cameras were not in use.
When she was sent a fine through the post she protested and went back to the motorway along with her partner to snap the signs on the M1 informing motorist cameras were switched off.
Despite facing an increased fine and upto six points on her licence Miss Follett, who represented herself, took the option to challenge the fine in court and produced a file of photographs as well as traffic legislation.
She told Bedford Magistrates’ Court on Wednesday: “I saw the sign saying that the cameras were not in use and erring on the side of caution I decide to drive at 60mph even though I thought the national speed limit applied.”
Magistrates retired while the Crown Prosecution considered the new evidence.
Mike Gallagher proesecuting said: “Having looked at the pictures provided it is not within unreasonable doubt that these signs were in place at the time she was captured on the cameras.
“On that basis we couldn’t possibly pursue the charges.”
The bench threw the case out.

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56 years after it was decided it was needed, the Bedford Bypass is nearing completion. The last single carriageway length of it.We have the most photogenic mayor though, always being photographed doing nothing


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PostPosted: Fri Jan 04, 2013 13:39 
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jomukuk wrote:


It's a bit unclear what the speed limit actually was ?
The camera not in use is fair enough but she says “I saw the sign saying that the cameras were not in use and erring on the side of caution I decide to drive at 60mph even though I thought the national speed limit applied".

So where was the 50limit displayed ? static signs or overhead gantry ?
... either way if a 50 was indicated by either then the limit is 50 not national as stated.

Also, was the ticket from the specs or gantry cameras ? Are the specs full time or just left over from roadworks with gantries enforcing the VSL.

Just my first thoughts.


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PostPosted: Fri Jan 04, 2013 13:46 
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Yes, a totally unclear report. It's impossible to comment further.

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


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PostPosted: Sat Jan 05, 2013 00:23 
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Based on the Defence's evidence ie the photograph showing that the specs camera's were not in use then it was the right decision to acquit,as the crown couldn't prove it's case beyond all reasonable doubt.


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PostPosted: Sat Jan 05, 2013 02:22 
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I read it that it was from the SPECs cams.

Specs can appear after the 50mph can end and regularly state 'Camera Not in Use' not that that is especially trusted ! ... therefor her 60mph was very likely to be in the 70mph.

So are the specs in this instance on for their 'speed survey' (that they sometimes do - of which is totally pointless as the camera effects what people do and is not registering the 'free travelling speed') ?
Are there 1000's who have been sent NIP's ?
Is this a tip of an iceberg ?
Are people thinking that they have been prosecuted for within the 50mph zone when in fact it was afterwards?

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PostPosted: Sat Jan 05, 2013 17:30 
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http://www.bedfordshire-news.co.uk/News/Restaurant-owner-jailed-for-lying-over-a-speeding-ticket-20130104193536.htm

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The world runs on oil, period. No other substance can compete when it comes to energy density, flexibility, ease of handling, ease of transportation. If oil didn’t exist we would have to invent it.”

56 years after it was decided it was needed, the Bedford Bypass is nearing completion. The last single carriageway length of it.We have the most photogenic mayor though, always being photographed doing nothing


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PostPosted: Wed Jan 09, 2013 00:21 
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jomukuk wrote:


It's not the same case.

Original story.
Quote:
Chantal Follett, 23, of Biggleswade, was accused of breaking a 50 mph speed limit on the M1 in March


The one you just linked.
Quote:
Mohammed Rauf, who runs two Indian restaurants, one in Bedford and one in Potton

.....

He had been caught driving an Audi over 30mph in Dunton, on September 16, 2010.


I know it's hard to believe there were two speeding cases in Bedfordshire but....


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PostPosted: Thu Jan 10, 2013 11:40 
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Different ends of the scale old chap.
On one hand a person has a case dismissed because, apparently, while speeding, the signs said the cameras were off....although how this affects the legality of the speed is not said.....I await the dismissal of a burglary case because there are no signs saying "BURGLARY IS AN ILLEGAL ACT" placed outside all premises.
On the other hand a person conspires with another to pervert the course of justice.

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The world runs on oil, period. No other substance can compete when it comes to energy density, flexibility, ease of handling, ease of transportation. If oil didn’t exist we would have to invent it.”

56 years after it was decided it was needed, the Bedford Bypass is nearing completion. The last single carriageway length of it.We have the most photogenic mayor though, always being photographed doing nothing


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PostPosted: Sat Jan 19, 2013 02:48 
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It fairly straight forward, one deals with the legality of signage and when wrong the Law rightly sees it as a non-case so have to dismiss; the other is about a chap lying.

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PostPosted: Sat Jan 19, 2013 14:06 
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Stephen wrote:
Based on the Defence's evidence ie the photograph showing that the specs camera's were not in use then it was the right decision to acquit,as the crown couldn't prove it's case beyond all reasonable doubt.

Stephen , can you /would you comment on point 3 in another post

viewtopic.php?p=250268#p250268

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