question.

For a woman caught in a speed trap is to appeal her Magistrates' Court conviction.

Now Supreme Court will decide whether it was fair when she was booked for driving over the limit.

The move came amid what was claimed by Mark Pettingill, the woman's lawyer, to be confusing evidence by the Police officer involved during the case, heard before Magistrate Edward King two weeks ago.

The woman was convicted -- but is maintaining her innocence, insisting the driver behind her was speeding, not her.

A submission of no case to answer by Mr. Pettingill was rejected by Mr. King.

Mr. Pettingill declined to name his client or comment on the case or the grounds of the appeal, which will be heard in Supreme Court.

But he added: "My client is adamant that she was not speeding and that it was the car travelling behind her.

"I think, given the use of the new guns and the evidence which was heard in court, that this is a case which merits being heard on appeal.'' It is understood, however, that the woman is claiming the gun had not been properly tested before it was used.

And it is believed the defence will also argue that the distance was too great to be sure the gun had accurately targetted the woman's car.

It is also understood that Mr. Pettingill will argue that the officer using the gun appeared confused giving evidence in court over whether he was using the old-style radar gun or the new model.

The new guns were introduced in September last year to upgrade the arsenal in the battle against dangerous driving.

The new guns were said to use a beam of infrared light with "pinpoint aiming capability'' to pick out a single speeding vehicle among a group.

But it is understood the beam begins to break down and widens over longer distances -- the situation the woman driver claims she was in.

The old-style radar guns, which uses broad-beam microwaves, are not accurate enough to isolate single offenders in a line of traffic.

At least a dozen officers are understood to have undergone a three-day training course in the use of the new guns, involving 12 hours in the classroom and 12 hours of "hands-on'' operation.

A Police spokeswoman yesterday declined to comment on the controversy in advance of the appeal being heard.