I love a legal fight, I received a NIP earlier this month, I sent off for the pics taken with a mobile camera, showing the front of a bike similar to mine, with no number plate showing it is difficult to assertain if it is me or not!
Interestingly the speed has been cut out of the 1st pic, but has not been recorded in the 2nd pic, taken 1 second afterwards.
My quandry is, which if it goes to court is this:
1: If it is me and I admit it, I can defend it, as I believe I was not speeding.
2: I cannot be sure it is me, therefore I cannot identify the driver as there is no number plate shown. So open to prosecution for failing to provide details of the driver.
3:If although I am not sure, it was me, was overtaking on a duel carrigeway slip road with a 40 limit, I was passing a cage doing 25 mph, I accelerated past him and then checked my speed to be 35mph as i was in front of the mobile camera, this has 2 consequences:
A: Is it illegal to break the speed limit to overtake at anytime, when it is safer to complete the maneuver as fast as poss. or
B: The camera claims I was speeding, yet 1 second later no evidence of that.
if followed by a police officer, or flashed by a Gatso, you need 2 points of evidence or a measured distance.
Any comments welcome.
Interestingly the speed has been cut out of the 1st pic, but has not been recorded in the 2nd pic, taken 1 second afterwards.
My quandry is, which if it goes to court is this:
1: If it is me and I admit it, I can defend it, as I believe I was not speeding.
2: I cannot be sure it is me, therefore I cannot identify the driver as there is no number plate shown. So open to prosecution for failing to provide details of the driver.
3:If although I am not sure, it was me, was overtaking on a duel carrigeway slip road with a 40 limit, I was passing a cage doing 25 mph, I accelerated past him and then checked my speed to be 35mph as i was in front of the mobile camera, this has 2 consequences:
A: Is it illegal to break the speed limit to overtake at anytime, when it is safer to complete the maneuver as fast as poss. or
B: The camera claims I was speeding, yet 1 second later no evidence of that.
if followed by a police officer, or flashed by a Gatso, you need 2 points of evidence or a measured distance.
Any comments welcome.