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From: McKevvy on 16 Jun 2010 05:24
http://www.scotsman.com/scotland/39Mr-Loophole39-helps--Colin.6364128.jp

Published Date: 16 June 2010
By Patrick Hill
RYDER Cup captain Colin Montgomerie yesterday escaped a speeding ban
with the help of a celebrity lawyer known as "Mr Loophole".
Appeal Court judges ruled in the Scots golfer's favour because of
"serious reservations" about the way police recorded his speed.

It is the third time Montgomerie has managed to avoid a speeding
conviction.

The golfer, 46, had reached the m
ADVERTISEMENT
aximum of 12 points on his licence at Carlisle Magistrates Court in
December.

His black BMW X5 was recorded travelling at 37mph in a 30mph zone on
the A69 near Carlisle, on 9 November, 2008. He immediately appealed
through his solicitor, Nick Freeman, of the Manchester-based firm
Freeman & Co.

The solicitor disputed the accuracy of the reading, claiming the
camera's alignment check had not been correctly carried out and the
operator had not been using the camera in accordance with police
guidelines.

At Carlisle Crown Court yesterday, a judge and two magistrates allowed
Montgomerie's appeal because they "had serious reservations" about the
way the speed camera was operated.

Montgomerie did not attend any court appearances in relation to the
offence.

Judge Peter Hughes, QC, told the court: "In our judgment the camera
operator was not following the Association of Chief Police Officers'
code of practice. He was not targeting each vehicle and then keeping
it within direct sight throughout the period of observation.

"All three members of this court had serious reservations about the
way in which the camera operator went about his work, in the way he
carried out his pre-deployment checks and more especially the way he
was operating the equipment and selecting targets at random."

The judge said the prosecution had also failed to establish that the
reading on Montgomerie's car was an accurate and reliable one on which
it would be safe to base a conviction. "For these reasons this appeal
against conviction is allowed …

with a degree of reluctance," he said.

"The maintenance of public confidence in the reliability of the
evidence used to support allegations of speeding is of absolutely
vital importance.

"Most motorists who receive fixed-penalty notices for speeding accept
the evidence on which the allegation is based.

"Few have the financial resources to mount a challenge to that
evidence. Any perception that there is one law for those with the
ability to dispute that evidence and another for everyone else would
be wrong."

Montgomery was fined £835 in March 2008 for speeding on the A3 near
London.

But in 2007, when he was accused of driving at 88mph on the M80 near
Falkirk, Mr Freeman got the case dismissed because Montgomerie had not
been served with a summons. In 2004 he was accused of travelling at
96mph on the A3. The case fell through when a policeman failed to
attend court.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

"Most motorists who receive fixed-penalty notices for speeding accept
the evidence on which the allegation is based.

"Few have the financial resources to mount a challenge to that
evidence. Any perception that there is one law for those with the
ability to dispute that evidence and another for everyone else would
be wrong."

These judges are completely detached from reality. One law for those
with money, another for those WITHOUT.

McK.
From: Derek C on 16 Jun 2010 17:18
On Jun 16, 10:24 am, McKevvy <vicko_zoo...(a)hotmail.com> wrote:
> http://www.scotsman.com/scotland/39Mr-Loophole39-helps--Colin.6364128.jp
>
>  Published Date:  16 June 2010
> By Patrick Hill
> RYDER Cup captain Colin Montgomerie yesterday escaped a speeding ban
> with the help of a celebrity lawyer known as "Mr Loophole".
> Appeal Court judges ruled in the Scots golfer's favour because of
> "serious reservations" about the way police recorded his speed.
>
> It is the third time Montgomerie has managed to avoid a speeding
> conviction.
>
> The golfer, 46, had reached the maximum of 12 points on his licence at Carlisle Magistrates Court >in December.
>
> His black BMW X5 was recorded travelling at 37mph in a 30mph zone on
> the A69 near Carlisle, on 9 November, 2008. He immediately appealed
> through his solicitor, Nick Freeman, of the Manchester-based firm
> Freeman & Co.
>
> The solicitor disputed the accuracy of the reading, claiming the
> camera's alignment check had not been correctly carried out and the
> operator had not been using the camera in accordance with police
> guidelines.
>
> At Carlisle Crown Court yesterday, a judge and two magistrates allowed
> Montgomerie's appeal because they "had serious reservations" about the
> way the speed camera was operated.
>
> Montgomerie did not attend any court appearances in relation to the
> offence.
>
> Judge Peter Hughes, QC, told the court: "In our judgment the camera
> operator was not following the Association of Chief Police Officers'
> code of practice. He was not targeting each vehicle and then keeping
> it within direct sight throughout the period of observation.
>
> "All three members of this court had serious reservations about the
> way in which the camera operator went about his work, in the way he
> carried out his pre-deployment checks and more especially the way he
> was operating the equipment and selecting targets at random."
>
> The judge said the prosecution had also failed to establish that the
> reading on Montgomerie's car was an accurate and reliable one on which
> it would be safe to base a conviction. "For these reasons this appeal
> against conviction is allowed …
>
> with a degree of reluctance," he said.
>
> "The maintenance of public confidence in the reliability of the
> evidence used to support allegations of speeding is of absolutely
> vital importance.
>
> "Most motorists who receive fixed-penalty notices for speeding accept
> the evidence on which the allegation is based.
>
> "Few have the financial resources to mount a challenge to that
> evidence. Any perception that there is one law for those with the
> ability to dispute that evidence and another for everyone else would
> be wrong."
>
> Montgomery was fined £835 in March 2008 for speeding on the A3 near
> London.
>
> But in 2007, when he was accused of driving at 88mph on the M80 near
> Falkirk, Mr Freeman got the case dismissed because Montgomerie had not
> been served with a summons. In 2004 he was accused of travelling at
> 96mph on the A3. The case fell through when a policeman failed to
> attend court.
>  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
>
> "Most motorists who receive fixed-penalty notices for speeding accept
> the evidence on which the allegation is based.
>
> "Few have the financial resources to mount a challenge to that
> evidence. Any perception that there is one law for those with the
> ability to dispute that evidence and another for everyone else would
> be wrong."
>
> These judges are completely detached from reality. One law for those
> with money, another for those WITHOUT.
>
> McK.

I am pleased to note that the greed cameras have failed to get another
victim. If you do enough motoring, as Colin Montgomerie probably does,
you are bound to pick up the odd speeding fine. You can lose your
licence without really doing anything particularly dangerous. Speed
cameras target high milage competent drivers more so than slow
incompetent ones. Good luck to Colin M.

Derek C
From: GT on 17 Jun 2010 04:51
"McKevvy" <vicko_zoomba(a)hotmail.com> wrote in message
news:6c6f30af-f48b-4636-a39c-3de050821b6d(a)q12g2000yqj.googlegroups.com...
http://www.scotsman.com/scotland/39Mr-Loophole39-helps--Colin.6364128.jp

Published Date: 16 June 2010
By Patrick Hill
RYDER Cup captain Colin Montgomerie yesterday escaped a speeding ban
with the help of a celebrity lawyer known as "Mr Loophole".
Appeal Court judges ruled in the Scots golfer's favour because of
"serious reservations" about the way police recorded his speed.

It is the third time Montgomerie has managed to avoid a speeding
conviction.

The golfer, 46, had reached the m
ADVERTISEMENT
aximum of 12 points on his licence at Carlisle Magistrates Court in
December.

His black BMW X5 was recorded travelling at 37mph in a 30mph zone on
the A69 near Carlisle, on 9 November, 2008. He immediately appealed
through his solicitor, Nick Freeman, of the Manchester-based firm
Freeman & Co.

The solicitor disputed the accuracy of the reading, claiming the
camera's alignment check had not been correctly carried out and the
operator had not been using the camera in accordance with police
guidelines.

[snip]

Can someone explain to me what allignment checks had not been done and how
the solicitor knew that?


From: Derek C on 17 Jun 2010 05:00
On Jun 17, 9:51 am, "GT" <a...(a)b.c> wrote:
> "McKevvy" <vicko_zoo...(a)hotmail.com> wrote in message
>
> news:6c6f30af-f48b-4636-a39c-3de050821b6d(a)q12g2000yqj.googlegroups.com...http://www.scotsman.com/scotland/39Mr-Loophole39-helps--Colin.6364128.jp
>
>  Published Date:  16 June 2010
> By Patrick Hill
> RYDER Cup captain Colin Montgomerie yesterday escaped a speeding ban
> with the help of a celebrity lawyer known as "Mr Loophole".
> Appeal Court judges ruled in the Scots golfer's favour because of
> "serious reservations" about the way police recorded his speed.
>
> It is the third time Montgomerie has managed to avoid a speeding
> conviction.
>
> The golfer, 46, had reached the m
> ADVERTISEMENT
> aximum of 12 points on his licence at Carlisle Magistrates Court in
> December.
>
> His black BMW X5 was recorded travelling at 37mph in a 30mph zone on
> the A69 near Carlisle, on 9 November, 2008. He immediately appealed
> through his solicitor, Nick Freeman, of the Manchester-based firm
> Freeman & Co.
>
> The solicitor disputed the accuracy of the reading, claiming the
> camera's alignment check had not been correctly carried out and the
> operator had not been using the camera in accordance with police
> guidelines.
>
> [snip]
>
> Can someone explain to me what allignment checks had not been done and how
> the solicitor knew that?

Probably he knew because they are rarely done properly?

Derek C
From: tim.... on 17 Jun 2010 05:50

"Adrian" <toomany2cvs(a)gmail.com> wrote in message
news:87u7akFpepU7(a)mid.individual.net...
> "GT" <a(a)b.c> gurgled happily, sounding much like they were saying:
>
> more especially the way he was
> operating the equipment and selecting targets at random."

How else is he supposed to select them?

Red cars today, perhaps?

tim


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