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Fine, Costs and Criminal Conviction for Speed Trap Warning Man – Improving Road Safety or an abuse of state power?

Posted: 6th January 2011 | No Comments »

Speed Trap warning man crop Fine, Costs and Criminal Conviction for Speed Trap Warning Man – Improving Road Safety or an abuse of state power?Facebook and tabloid newspapers may not seem to be usefully critical focal points for fresh debate over abuses of state powers to ‘enforce’ traffic management, but sometimes they are. A new and in my view nasty twist has just been added to the ongoing debate about whether the use of ‘safety’ camera or ‘speed trap’ kit is really about improving road safety – or an ultimately damaging abuse of Traffic Management Act powers to rake in more cash from private motor vehicle drivers and riders.

Following a link from a Facebook (and real) biking friend – thanks Mark McArthur-Christie, I find that the much disparaged SUN newspaper just published a story about a man who has been convicted of a criminal offence and payed out over £440, because he flashed his headlights to warn road users they were about to enter a police speed trap…

Now I will point out that there are some crucial facts missing from the story in The SUN. e.g. Was the speed trap set on a section of road where many deaths and serious injuries had been caused by drivers or riders exceeding the speed limit? The story was also covered by the Daily Mail, and albeit in a notably different way by the Guardian, and Telegraph who both led with a defence of the CPS. Nevertheless, none of them added any more than The SUN.

speed cam cop crop 224x300 Fine, Costs and Criminal Conviction for Speed Trap Warning Man – Improving Road Safety or an abuse of state power?But given the fact that it was a Crown Prosecution Service (CPS) decision to spend taxpayers money to take this case to court, perhaps the most critical question that none of the papers or CPS staff raised is this: Has this type of case has been tried before and if so what happened? And as a quick internet trawl reveals, such a case has been heard, it went to Appeal and a ruling was made by LORD JUSTICE SCOTT BAKER, that when the citizen in question warned fellow road users of a speed trap – he was not guilty of obstructing the police – which is quite rightly a serious criminal offence.

My brief internet trawl also found a site that purports to be a Forum for Police Officers – of whom a number seem critical of the prosecution and it’s inherent expenditure of Police and Court time.

So, yet again,critical questions are raised. WTF are we doing in Britain by allowing this sort of case to proceed to court? WTF are we doing using clever bits of kit as speed traps? I’m not saying we shouldn’t, but am not satisfied by most of the official answers. And, ultimately, is this sort of use of police and court time really enhancing the safety of our roads? As ever, I will allow you to decided and comment as you see fit…

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