Beanie's police officer wrote:
In regard to the Photographs supplied to the court, which I have not had the opportunity to view I cannot make therefore direct comment on them. I would add however that photographs can be taken from many different angles and with varying lenses and can be made to distort a motorist's true view.
The police officer's opinion in no way invalidates your photographs. In my case, I was ready to state, on oath, that no special lenses had been used and that the zoom feature of my camera had not been used in the production of my pictures.
Beanie's police officer wrote:
I would go further and state that they can also be taken at different times of the year and what the view was on the day in question may be entirely different two weeks later. This is especially true when it is vegitation and tree foliage that has caused the obstruction.
Maybe the police should be called upon to produce
their own photographs, showing that the signs are unobscured - just as they have to produce photographic evidence of your car. What we have here is a police officer, expecting the court to believe his story -
without evidence of any kind, but based upon his "opinion" that different lenses/angles can be used to distort a motorist's view.
What I CAN tell you is that in my case, the police officer signed a similar declaration, claiming that he had checked the speed limit signs and found them to be OK. If called upon to do so, I would have been able to PROVE two things.
- The statement was false - many of the signs were obscured and one was damaged, making it unreadable, and I took pictures from various angles.
- The police continued to enforce the speed limit on this road, despite the fact that NO remedial effort was ever made to trim the foliage or repair the damaged sign. I have photographs to prove this, including one which shows the damaged sign against a winter landscape. (Date of alleged offence = early August)
Beanie's police officer wrote:
The second check is to make sure that all repeater signs are also present, clean and visible. These signs are only required when a road is not restricted, in other words when there is no system of street lighting up to 183 meters apart. The High Street Sherington is a restricted road and has such a system of street lights running along the offside of the road when driving down the High Street from the direction of Olney.
In the course of preparing my case, I discussed the speed limit signs and lighting with a highways officer working for the county council which has jurisdiction over the road in question. He himself was a former traffic officer with some 26 years experience. He told me that a combination of speed limit repeater signs AND street lighting is
not lawful. Each is mutually exclusive - if there is one, it is not lawful to have the other.
Therefore, if this road has both street lighting at 200yd intervals AND speed limit repeater signs, then it could be argued that this is NOT a lawfully denoted speed limit. This question needs to be asked on Peppipoo. I think it's an angle worth trying.
Don't give in on this one, Beanie. Plead not guilty. You can always change your plea to guilty - right up until the time when you are greeted by the court usher, when you arrive at court for your case to be heard, who will ask you if you want to change your plea.