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From Ince Gordon Dadds

Driver who had fitted parking sensor to car not guilty of perverting the course of public justice

22.06.2019

Philip Somarakis

Philip Somarakis Partner, Head of Regulatory Solutions

Philip Somarakis of Ince has successfully defended a motorist accused of committing this serious offence.

The driver concerned was investigated by police after they failed to obtain a speed reading from his vehicle during a routine speed check using an LTI.20.20 laser speed detection device. The police believed the vehicle  was being driven in excess of the speed limit. The police suspected the car was fitted with a laser jammer and that was why they were unable to obtain a speed reading. This resulted in the driver’s vehicle being seized under a search warrant and a parking sensor being subject to tests conducted on it by a police expert.

The basis of the prosecution case was that the parking sensor was no more than a laser diffuser which interfered with the LTI 20:20. Furthermore that the “error messages” displayed on the LTI20.20 were consistent with the operation of a laser jammer.

We challenged this assertion. We contended that the error messages displayed by the LTI20.20 were as a result of operator/device error, not as a result of the parking sensor. We also sought further evidence of the testing of the parking sensor by the police expert. Some of this evidence was disclosed only a matter of a number of days before the trial, which supported our client’s case. Due to the nature of this evidence and the lateness of disclosure, no evidence was offered and the case was dismissed.

Article authors:

Philip Somarakis