| Publisher Citation: | [2009] All ER (D) 43 (Oct) |
| Neutral Citation: | [2009] EWHC 3018 (Admin) |
| Court: | Queen's Bench Division, Divisional Court |
| Judge: | Pill LJ and Rafferty J (judgment delivered extempore) |
| Representation | Fergus Currie (instructed by Simon West, Bath) for the claimant. |
| The defendant did not appear and was not represented. | |
| Judgment Dates: | 6 October 2009 |
Catchwords
Road traffic - Excessive speed - Evidence - Claimant recorded travelling at 43 mph in 30 mph limit - Claimant convicted of speeding - Speed detection device not properly aligned by operator - Claimant contending speed reading unreliable as result of operator's error - Crown Court dismissing appeal and refusing to state case - Whether court erring.
The Case
Road traffic Excessive speed. The Divisional Court dismissed the claimant's application for judicial review of the defendant Crown Court's decision not to state a case, where the claimant had been convicted of speeding but had contended that, because the operator of the speed detection device had failed to align the equipment in accordance with instructions prior to its use, the speed reading could not be relied upon.
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