KIND MOTORIST BLOCKS SPEED CAMERA AND GOES TO THE PUB – 29/04/2016
This article here in the Daily Mail and was widely shared on social media and commented on, and it raises a few interesting aspects that I believe are worth discussing and sharing with you.
At first glance, it appears that a member of the public is obstructing the Police in the course of their duties. However, all may not be what it seems.
The first thing that struck me was that the van appears to be illegally parked, in which case that would invalidate any speeding tickets if it can be proved to be the case. Compliance with the Road Traffic Act cuts both ways, and a speeding ticket cannot be enforced if the operator is illegally parked.
Secondly, do we know that a Police officer is operating the laser device? This raises a couple of interesting points in itself.
First of all, you cannot be found guilty of obstructing a Police officer if a civilian is impersonating a Police Officer!
These devices are operated by civilians in the majority of cases and are simply meant to confirm a qualified opinion that a vehicle was speeding at that time. A civilian cannot (and is not) in a position to offer a qualified opinion, and this can only be done so by a qualified Police officer.
Do we know that the operator has undertaken suitable training and can this be evidenced?
There are other aspects to consider which I cover and much more complete with templates based on real-life test cases that work in my book now on sale via Amazon as an e-book and paperback priced £2.99 / £7.99.
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