Scottish lawyer cleared of ‘impossible’ speeding charge

Kristofer Gilmartin, 33 (pictured), of Norrie and Gilmartin Solicitors, denied driving at 51mph in a 30mph limit area last June at Dundee Road, Broughty Ferry.

Mr Gilmartin asserted that the reading of 51mph obtained by the police could have been from any one of the cars travelling east towards Broughty Ferry, or that it was wrong.

The police involved told the Justice of the Peace court they had carried out procedures properly; that the laser gun had been tested and that it was correctly calibrated and in working order.

The officers said they had tracked Mr Gilmartin’s car for three seconds before the gun locked his speed.

They said they measured the distance of his vehicle from their postion on Dundee Road and recorded a speed of 51mph at a distance of 137 metres.

But traffic consultant Jim Allan, a former Central Scotland police inspector explained that under these calculations Mr Gilmartin’s car, from the time they first saw it to when the speed was locked in, would have been 205.4 metres away – “not physically possible” based on the locus.

He added that “extreme caution” must be used by operator’s of laser devices to avoid incorrect readings.

Mr Gilmartin said: “I am relieved that I had a witness with me who could confirm what I said and that I was able to instruct a road traffic expert who could show the court that the evidence the police gave was not possible.”