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I find that rather hard to believe! unless of course they were driving like an idiot
Thats kind of the point, they can throw the book at you for doing this if they feel the need to because it is still against the law.
If the police can prove that you are the slightest bit over the speed limit they can book you. The 10% is simply a tolerance and not a defence.
At the end of the day if you are travelling at 77mph but your speedo still says 70mph, you can still be nicked for speeding. However, if you can prove in court that your speedo was displaying the wrong speed, the courts may see it as unintentional and let you off.
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