Police using handheld laser guns - do they have to stop you, or can you get NIP in the post?

[Paul the 6th]

Missus rang me yesterday afternoon to tell me that her 17 year old cousin had been rushed to hospital after collapsing in town. Turns out he was jumped by a gang of lads on saturday night and left with an array of injuries including having been kicked in the back & bruising to his spine...
He was born with a hole in his heart and has always been quite a small lad, so Vicky wanted us to get up to the hospital as soon as I got home (I was in the car on the way home from work).

Coming off the A1(M) onto the a64 I was tramming it abit (about 85-90) on the bit where it's straight for about 3/4 of a mile and coming down a very slight hill. Only thing is the police were parked up in the little layby behind a bush and a traffic officer stood with his laser gun pointing right at me. I reckon if he got me, he'll have had me at about 84-86 (with speedo error taken into account). There were a few other cars a bit of a distance behind me so it was obvious he was aiming it at me. There was also the unmarked volvo which I've seen quite a few times parked up with him. As I passed he looked down at his gun and seemed to turn round and look at the volvo. I've seen the traffic lot spread over distances of upto a mile on the a64, lasering people at one bit, and then traffic bikes/cars pulling offenders over further down the road.

needless to say I slipped off at the next exit to go through tadcaster.

Now, if they're using a hand held laser gun (NOT a video van), I was under the impression that they pulled you over and gave you a bollocking/ticket on the spot. I was just wondering if they can also issue an NIP through the post off the back of a handheld gun, because they failed to stop you.

Any advice on this would be greatly appreciated, just so I can anticipate something through the post...

[sv_rory]

i think they have to pull you over there and then mate because i dont think that they record video. so there would be no proof in court.

We had an incident a few years back where i was passenger in a car and got a laser gun pointed at my mates car i was in, when we got pulled over i said to the copper that we would only accept liability for what speed he was being accused off if they provided a copy of the calibration certificate, the particular station couldnt provide him with the information so there was no evidence to prosecute by so they had no choice but to pull the fine

[Viney]

Well if our latest experience is anything to go by then they have to pull you. We were in the M6toll pootling along, next thing bloke on bridge with laser whasit. A few swear words ealier we notice that there seem to be a lot of BMW's with the Optional lighting pack fitted pulling cars over. We seemed to be one of the lucky ones. We were nudging 3 figures, so would have been a ban :(

[Paul the 6th]

ah thought so :)

as for the calibration certificate thing, I downloaded a pdf about keeping your licence. It more or less explained "start setting up your defence for court as soon as you're pulled by the police". It advised to ask for things like the calibration certificate, ask to see the gun being pointed at other vehicles to see that it is working properly etc. If the copper refuses, you can bring this up in court and say "well I asked him to demonstrate the gun working properly and he refused, so I doubted whether the gun was working properly at all"

Just wondered. If anyone has had any experience contrary to the above posts, please do let me know just in case.

[sv_rory]

I work in a motorway service station and the dvla, vosa and police are always on the bridges and hiding in carparks etc, i would imagine there checkin tax mot and the lot. they do pull over a lot of foreign lorries

[Bluepete]

Yes you can still get an NIP in the post.

Pete

[busasean]

1) group of lads giving someone a kicking!
2) his relative rushing to hospital

guess which one gets nicked?

Sums it up really........

[Paul the 6th]

no excuse for driving above the limit, down a quiet bit of straight dual carriage way with more than adequate tread on my tyres and ebc green stuff pads in a 2 litre diesel mondeo though, is it?

I'll just wait and see. Been driving for just short of 6 years with no penalty points for anything ever. Had a 30 quid fine once for driving down busses and taxi's only but thats about it

[Bluepete]

I've been driving for 20 years with no points ever! Then again, cops don't get points do we ;)

[GazandKatie]

As Blue Pete says you can recieve an NIP in the post. This has to be served within 14 days of the incident. They would also send another form for you to disclose the driver/rider of the vehicle at the time. There are arguments that this breaches human rights etc but if you dont disclose the rider then you as the keeper can get done for a seperate offence which carries the same punishment as the speeding (3 points and a fine).

In my experience traffic bobbys will try and stop you at the time as this provides best evidence. Also for them to prosecute you with out stopping you they would need to have noted down your number plate, not easy as you go flying past but still possible.

I hope this helps :nemo:

[yorkie_chris]

So basically they can do you with no evidence whatsoever other than the copper at side of road going "yeah was definately him, innit"

[Luckypants]

Yes you can still get an NIP in the post.

Pete

So without photographic evidence, how do they prove it was your car?

[Paul the 6th]

So without photographic evidence, how do they prove it was your car?

fair play, I was in manchester that day afterall... I've obviously been cloned.

Doubt I'll have a problem but I'll wait and see. Thanks for all the advice everyone :)

[philbut]

Yep, my Mrs got don by a plod with a gun and got an NIP through the post. She requested the photo evidence (so I guess they must record it) and framed it - was quite a nice photo actually :p

[454697819]

because they will have picked up the reg on the in car camera...,

If you do get an NIP it depends how you feel about it, its rarlye worth bothering defending ur first as how often do you speed and how often do you get caught?

Im guessing you get cought less than you speed... dont get me wrong.. annoys the living **** out of me....

[Luckypants]

because they will have picked up the reg on the in car camera...,

Hmmm only if he is in his car, not stood at the roadside. Also, how do they link the camera in the car to the result from the hand held laser? They still need to be able to prove that xx MPH on the laser is caused by the car in a picture from a separate device.


Not wanting to encourage wriggling out of it, but genuinely want to understand how the proof works in this case.

[454697819]

officers statment is usually good enough from discussions with my Uncle who is one of the policing types..

[Luckypants]

officers statment is usually good enough from discussions with my Uncle who is one of the policing types..

Exactly what I thought. That is not good enough any more in my opinion, the level of proof HAS to be better than the plod saying 'cos I say it's him your honour' - rubbish!

[454697819]

it is.. And I have always taken this up with my uncle, but it works that if at x time a red bmw 3 series was ping'd at 90mph in the outside lane, scrolling back though the tape to that time shows a red 3 series in the outside lane, then it could be good enough evidence to prosecute.... maybe...

it works the same with a police car followign you using thier speedo, if they clock you at 90mph they only need to get thier speedo calibrated in order to prosecute... the officers statment is good enough... (apparently)

[Dicky Ticker]

Unfortunately if you have a PC and he has pointed a lazer speed device at you and got a reading they can prosecute you
You still have the right to ask for calibration certificate,pre-use testing which should be in the officers note book or on record,confirmation that the equipment was being used within the parameters of its type approval and the user trained in its use.Some of the older equipment does not have or need a camera attachment so may not need or have photographic evidence.

[GMS]

Paul
I know the layby you mean. There is actually a static camera at the end of the layby.Not a Gatso looks more like an ANPR camera on a pole.Dont know if the plod actually use this in conjunction with the radar but they do seem to be set up in that same layby very often.
Hope you got away with it mate
Graham

[Paul the 6th]

well we'll see what happens, if I get anything then I'll request photo evidence. If they can or can't supply the photo then I'll go from there. Not too fussed to be honest as it would be my first ever endorsable offence so not too big on insurance I'd hope (6 years no claims next year woohoo!)