Fail to furnish in Scotland

Speed Detection Device Under Scrutiny by Michael Lyon, Michael Lyon Solicitors Limited, Specialist Motoring Lawyers in Scotland.

An interesting day in the field of Road Traffic Law in Scotland as the VASCAR device becomes the latest speed measurement tool deployed by Scottish forces to come under scrutiny.

Does VASCAR stand for "Very Accurate Say Cops, Aye Right"?

Traffic police in Scotland have been ordered to stop using handheld speed detecting equipment amid fears it could be affected by police radio waves.

Road policing units were told to employ alternatives to the Visual Average Speed Computer and Recorder (Vascar) system until further notice.

It is thought police radios could be causing faults in the speed detectors.

The system sees an officer pressing a button as a vehicle passes between two measured points.

It has been in use for 25 years.

Strathclyde Police confirmed its officers had been asked to use alternative speed detectors while the concerns over the impact of the police radio system Airwave on the device were investigated.

Michael Lyon has successfully defended a vast number of VASCAR cases over the years. The defences tend to relate to clear breaches of ACPO guidelines or deficiencies in the Crown case. In this present climate our advice is clearly to seek specialist legal representation if facing an allegation for speeding in Scotland by virtue of either the VASCAR, Provida or Police Pilot.

In terms of historical convictions, we would suggest that a definitive and authoritative ruling will require to be made on the legitimacy of the VASCAR device prior to appeal proceedings or an application to the Scottish Criminal Cases Review Commission with a view to overturning the conviction. Those seeking to pursue an appeal should therefore keep their powder dry.

We would also have to observe that the issue of radio interference has long been known to the Police Forces in Scotland. With the switch from analogue to digital radios, the possibility of radio interference is recognised by their very own guidelines and they suggest that such devices should be turned off or switched to inhibit mode.

We consider there may be more to this than meets the eye and the investigation may be about other devices that emit a signal that could corrupt the accuracy of the reading produced by a VASCAR device. We are due to be conducting our own Defence investigation into these difficulties.

Ch Insp Andy Orr, of the force's road policing department, said: "There is a suggestion that the Vascar system might be affected by Airwave radio waves and the matter is currently being investigated by Strathclyde Police."

"Until such time that the matter has been fully investigated, a memo has been sent to officers asking them to use alternative speed detection equipment."

The force stressed Vascar was not the main speed detector in use - the focus was on other systems such as speed cameras and radar guns.

The Association of Chief Police Officers in Scotland (Acpos) said all eight of the country's forces had been asked not to use Vascar and two other speed detection systems.

An Acpos spokesman said: "Road policing units with all forces in Scotland have been advised of a potential issue with three speed detection systems - Vascar, Police Pilot and Provida.

"They have been advised not to use them for speed detection until the issue is resolved but to continue employing other speed detection systems.

"Despite this concern, all Scottish forces will be maintaining robust speed detection activities above and beyond those carried out by the Scottish Safety Camera Partnership.

If you have been charged with a speeding offence in Scotland we suggest you contact a specialist motoring lawyer and seek proper legal advice.

Michael Lyon is a specialist motoring lawyer based in Glasgow. The Firm undertakes the defence of all types of Road Traffic Cases in Scotland. Expert representation provided in all Courts including Glasgow, Perth, Dumfries, Selkirk, Stonehaven, Aberdeen, Kilmarnock and Paisley.Speeding in Scotland: A Recent Case Study by Michael Lyon Solicitors, a Firm of Specialist Road Traffic Lawyers in Scotland.

The Charge: on the M77 Motorway, Glasgow being a road subject to the aftermentioned Regulations, you xxx did drive a motor car registered number xxx at a speed exceeding fifty miles perhour, namely at a speed of 98 miles per hour.

The Brief: Michael Lyon Solicitors were instructed to defend the case as a result of a personal recommendation. The case was complicated on the basis that our client had six live penalty points on his driving licence and, as well as the present matter, was the subject of two further road traffic prosecutions involving a further obligatory endorsement of six points.

The Evidence: The Police statements confirmed that the Police had deployed the ProLaser III device and narrated various accuracy tests that were performed at the time. It was abundantly clear that the Crown case had two fundamental deficiencies and we were confident that our client would be found not guilty of speeding.

The Outcome: The case proceeded to trial at Glasgow District Court in October 2008 and our client's plea of not guilty was accepted by the Crown. As always, we are not willing to disclose the basis of our defences in order to ensure our continued success

"I was referred to Michael Lyon Solicitors through a personal friend. I was absolutely aware that the speeding case, in itself, posed a problem and matters were simply made worse by the fact I had six live points on my licence.

After a lot of hard work, the Crown accepted my plea of not guilty to the speeding charge. I couldn't believe it as the allegation was that I was nearly twice the speed limit.

If that wasn't enough, I was also found not guilty of a case involving a defective tyre and an outstanding mobile phone case was deserted.

Three road traffic cases and three acquittals.

My girlfriend is now pregnant and being able to drive at this important time has made all the difference. Michael Lyon excelled at every given opportunity and is, without doubt, a true road traffic lawyer who can deliver results in the most difficult of circumstances."

Michael Lyon Solicitors Limited exclusively practices road traffic law and defends all types of motoring offences throughout Scotland. All Solicitors within the Firm have an expert knowledge of road traffic law in Scotland with a particular focus drawn on speeding, dangerous driving and drink driving allegations in Scotland.

Specialist legal representation provided in all Courts for motoring offences in Scotland including Glasgow, Paisley, Dumfries, Perth, Aberdeen, Invernesss and Kilmarnock.

W: http://www.theroadtrafficlawyer.com

E: ml@theroadtrafficlawyer.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it

A: Michael Lyon Solicitors Limited, 272 Bath Street, Glasgow, G2 4JR

T: 0141-550-1074

M: 07903-818-719 (Urgent cases only)The Charge: on xxx 2008 on a road or other public place, namely the Kingston Bridge, M8 Motorway, Glasgow you xxx did drive a motor vehicle, namely motor car registered xxx after consuming so much alcohol that the proportion of it in your breath was 86 microgrammes of alcohol in 100 millilitres of breath which exceeded the prescribed limit, namely 35 microgrammes of alcoholin 100 millilitres of breath;

CONTRARY to the Road Traffic Act 1988, Section 5(1)(a)

The Brief: Michael Lyon Solicitors were instructed to defend the case as recognised specialist road traffic lawyers in Scotland.

The Evidence: The Police statements detailed a sequence of events that confirmed the correct procedures had been followed. From initial arrest to subsequent caution and charge, there was nothing exceptional. The intoximeter forms confirmed the terms of the statements.

The Outcome: The case proceeded to trial at Glasgow District Court in October 2008 and our client was found not guilty of drink driving. A submission of no case to answer was upheld. We are not willing to disclose the basis of our defence although can confirm we have had success in various Courts in Scotland with the same point.

"I contacted Michael Lyon Solicitors through a media friend who Michael had defended a number of years ago. I really didn't hold out much hope as I felt that I would simply have to accept the inevitable. I was aware the allegation of drink driving was serious and was probably only looking for a bit of damage limitation.

After six months of various Court hearings, the case finally proceeded to trial. Michael had discussed with me a technical defence in relation to drink driving cases and we decided to proceed on that basis.

To my utter delight, I was found not guilty of the charge.

Words cannot express my sincere gratitude for saving my licence and livelihood. For anybody out there looking for a specialist road traffic lawyer in Scotland I would urge you to contact Michael Lyon Solicitors. Having had the pleasure of seeing Michael in action, I can only say that I was, and remain to be, amazed by his level of expertise. The guy is, quite simply, The Road Traffic Lawyer in Scotland."

We were delighted with the outcome of the case and wish to thank our client for his kind words and support.

Specialist legal representation provided in all Courts for motoring offences in Scotland including Glasgow, Paisley, Dumfries, Perth, Aberdeen, Invernesss and Kilmarnock.

W: http://www.theroadtrafficlawyer.com

E: ml@theroadtrafficlawyer.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it

A: Michael Lyon Solicitors Limited, 272 Bath Street, Glasgow, G2 4JR

T: 0141-550-1074

M: 07903-818-719 (Urgent cases only)