Speeding, Glasgow, 5 February 2018, Case Not Called
This speeding case involved a calibrated speedometer and an alleged speed of 85mph in a 50mph limit.
The case had quite a long history with several adjournments for various reasons. The majority of these adjournments had been on Crown motion. The upshot was that the case was over 18 months old before it finally called for trial. While this did not mean any extra cost to our client due to a fixed fee arrangement, it was a considerable inconvenience to him. The upside is that cases of this nature are meant to be dealt with “expeditiously”. The older they get, the less chance there is of an adjournment on a future date.
In this case we had identified a potential issue with the accuracy of the device used. The Crown had served a certificate on our client to prove the accuracy but we had challenged this. For whatever reason the Crown had not paired up our challenge with the case papers. However we were able to prove (1) that the challenge had been sent and (2) it had been received. This was therefore an administrative error on the part of the Crown. The upshot of this was that the Crown did not have enough evidence to prove its case.
It would have been open to the Crown to try to adjourn the case. However the Fiscal very fairly conceded that would not be in the interests of justice given the age of the case and previous adjournments. The case was therefore marked as no further action.
This case was defended by Steven Farmer on 5 February 2018 at Glasgow Justice of the Peace Court