INDY1 Posted April 27, 2006 Report Share Posted April 27, 2006 Got caught on the motorway yesterday by some ever so friendly cops, doing 91 mph. Does any one know a way of avoiding points on my licence ? ie appealing to the district superintendant etc. Or how about not signing the fixed penalty notice ? Help!! Link to comment Share on other sites More sharing options...
Regulator Posted April 27, 2006 Report Share Posted April 27, 2006 get your employer to say you drive as part of your job and so, points would put you out of work! Link to comment Share on other sites More sharing options...
kaypee Posted April 27, 2006 Report Share Posted April 27, 2006 if you were physically stopped and issued with the fixed penalty notice you dont have a leg to stand on! i got done for 91 travelling down the M3 a few years back Link to comment Share on other sites More sharing options...
Mook Posted April 27, 2006 Report Share Posted April 27, 2006 There are two main things that have to be proved in an offence like this: 1) You were the person driving the car 2) That you were exceeding the speed limit. If you were stopped by the police and provided your name, you have admitted to number 1 and there is no way out of this. You will probably have been asked to get out of the car and, as the police car probably still had its video running, they can use this as evidence to show it was you (unless you were wearing shades and a fake beard...) The prosecution don't technically have to prove that you were doing 91 mph, they only have to prove that you were exceeding the speed limit. If it was a jam sandwich, probably with a video camera, it will have been calibrated and they will have logs for this. You will more than likely have to take the 3 points and £60 on the chin. Or spend anything upwards of £500 with a lwayer to argue the case in court. If you plead not guilty and subsequently lose the case, you will also be liable to prosecution costs of around £300-£400. If you were posed the classic (how to trick a driver into admitting guilt without realising it) question of "Do you know what speed you were travelling at, sir?" and answered along the lines of "too fast" or "over 70 mph", you have well and truly nailed your coffin shut on it, as you have effectively admitted to the offence... Best of luck when you get the letter... Link to comment Share on other sites More sharing options...
R32HAZ Posted April 27, 2006 Report Share Posted April 27, 2006 Try www.pepipoo.com - interesting site Link to comment Share on other sites More sharing options...
pomme Posted April 27, 2006 Report Share Posted April 27, 2006 Totally agree with what mook says, but if you didnt say anything along those lines then i would write a letter to the police asking for documentation of the calibration of spped device/s used to record your speed, as this should all be recoded and if not then it can easily be contested. hth andrew Link to comment Share on other sites More sharing options...
Dan32 Posted April 27, 2006 Report Share Posted April 27, 2006 Especially under the new freedom of information act whereby you are entitled to view this info, especially if preparing a defence case. Problem is, the police are not very quick at responding to this request and you may end up in court just to get the info. Probably best to take the 3 points and the fine as the Police don't take kindly to people attempting to get out of speeding fines. Link to comment Share on other sites More sharing options...
pomme Posted April 27, 2006 Report Share Posted April 27, 2006 Dan, as long as you give the police a time limit, ie 7 days after receiving the letter, then it should happen. Even if you do go to court about it, you can explain this situation to the magistrate as it would not be your fault. Link to comment Share on other sites More sharing options...
Calm Chris Posted April 28, 2006 Report Share Posted April 28, 2006 When the ticket turns up with a ref number, phone them up and ask if you can do driver improvement as an alternative. Fail the driver improvement course and the speeding ticket stands. Pass it- it will cost £150+ and a day off work doing the training and driver exam. Link to comment Share on other sites More sharing options...
dvdstry Posted April 28, 2006 Report Share Posted April 28, 2006 Indie mate without sounding a defeatist,(cant spell)face it you got caught.http://www.tyresmoke.net/ubbthreads/showflat.php?Cat=1,2,12,15,22,25,26,27,8&Board=VWR&Number=627499&fpart=&PHPSESSID=c6bfe72a1d119e62e438d70907c2a067 .If you read my link you will see that I sufferd a similar thing. It took 5 months to go to court and I recieved a 50 day ban with a £555 fine. That said I was doing 114mph. Hope it all works out for you but dont hold your breath. Dai Link to comment Share on other sites More sharing options...
pomme Posted April 28, 2006 Report Share Posted April 28, 2006 Dai, i have a feeling he will probably be going to court anyway as it was over 90mph. I imagine he was already handed the nip saying they intend to proescute, and you will have to wait to see if they give you the 3/6 points or go to court. But if you hear in the next 14 days then it will be the points but after that then its likely to be court. Link to comment Share on other sites More sharing options...
Mook Posted April 28, 2006 Report Share Posted April 28, 2006 It won't go to court unless Indy wants to - if you're up to 30 mph over the speed limit on a motorway (i.e. up to 100 mph) you can settle it with admitting your guilt by filling in the form, paying your money and getting your points. Link to comment Share on other sites More sharing options...
pomme Posted April 28, 2006 Report Share Posted April 28, 2006 Ahhh okay, i couldnt quite remember if it was 90 or 100 that it is when it goes to court, but thought it was 90. I must be loosing the grey matter. Link to comment Share on other sites More sharing options...
dvdstry Posted April 28, 2006 Report Share Posted April 28, 2006 Your quite right!!!I had a green form with 3 options 1.Attend Court 2. Plead guilty by letter 3.Attend Court with a solicitor present. I attended and represented myself as I was guilty as sin, in hindsight I should have taken a solicitor as the guys before me had solicitors. They all had 6 points with higher fines. Mind you that said!!!I now have a clean licence but will suffer the ban code and higher insurance costs for about another 3-5 yrs or so Im told. Dai Link to comment Share on other sites More sharing options...
Mook Posted April 28, 2006 Report Share Posted April 28, 2006 [ QUOTE ] higher insurance costs for about another 3-5 yrs [/ QUOTE ] And the rest, buddy. Bad luck about getting caught Link to comment Share on other sites More sharing options...
pomme Posted April 28, 2006 Report Share Posted April 28, 2006 [ QUOTE ] Your quite right!!!I had a green form with 3 options 1.Attend Court 2. Plead guilty by letter 3.Attend Court with a solicitor present. I attended and represented myself as I was guilty as sin, in hindsight I should have taken a solicitor as the guys before me had solicitors. They all had 6 points with higher fines. Mind you that said!!!I now have a clean licence but will suffer the ban code and higher insurance costs for about another 3-5 yrs or so Im told. Dai [/ QUOTE ] From what ive been told by insurance companies, they take anything under a 30 day ban to be equivalent as having 6 points. Link to comment Share on other sites More sharing options...
v6tas Posted April 28, 2006 Report Share Posted April 28, 2006 [ QUOTE ] Mind you that said!!!I now have a clean licence but will suffer the ban code and higher insurance costs for about another 3-5 yrs or so Im told. Dai [/ QUOTE ] Thats the bugger, not the fact you got caught and not the day in court. Its the insurance affect that really bites over the years to come. To all that havent invested in a speed detector device, do so soon. Then keep your eye out for those vans, Oh and if they are not in your area yet then look out for the yellow boxes that are now appearing on our roads. They are run by the same vans you used to have a chance of seeing but now the van is out of site and by the time you see the yellow box you will be nicked Link to comment Share on other sites More sharing options...
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