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Oh, and it was a mobile speedvan sat on a bridge, if that makes any difference to anything.
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I'd say that unless you've got a tachograph fitted, your only hope is looking at the pictures. Still, it shouldn't take you long to get over to the police station to get them :o)
As regards the ban, I thought it was virtually automatic for 100+, even the Solicitor General got one for just 98! If you get a good brief with a smooth line in mitigation and it's a first offence, you might stand a chance but I wouldn't hold my breath.
Any chance of taking holiday while the ban's in force?
Terry
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Any chance of taking holiday while the ban's in force?
Assuming it's for only 14 days or thereabouts, then yeah. If it's any longer, I'm gonna struggle.
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FS, there's an excellent web site www.caughtspeeding.co.uk/speeding which takes you through a series of questions about you and about the offence. At the end, it gives you the likely outcome, and also the option of contacting a solicitor for some free extra advice if you need it.
HTH
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"I don't feel that depriving me of my job, house and ultimately everything else is an appropriate punishment for the crime."
In the eyes of the law, it is !
What you think or feel doesn't count.
You're better off committing almost any other crime other than a motoring offence.
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Where there markings on the road and how many days hve lapsed between the alledge offence and the NIP Peter
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Where there markings on the road and how many days hve lapsed between the alledge offence and the NIP
The NIP arrived 3 days after the offence; the police can be damned efficient when they want to be. No markings on the road 'cos it was the mobile speedvan people.
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I think that you will find that under "Guide to Magistrates",
a speed of 100mph plus will incur a month's ban.
Unless under VERY exceptional mitigating circumstances.
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Claim to be a burglar and maybe they'll let you off?
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These are my own opinions, and not necessarily those of all Toads.
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I asked about the markings because there are many areas where the markings are on the road but no fixed camera. The reason for asking about markings is that the distance travelled may have got you below the nasty 100 mph marker. Best of Luck Regards
Peter
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Phew naughty man, suit you Sir, filling your boots were you Sir, Phew.
Serious, at that speed, common on you know damn well you were doing it so lets get the punishment sorted. I would suspect that at that speed you will not be given a conditional offer but an appointment booked before the Magistrates for consideration of a disqualification for a period at their discretion.
However all is not lost as you may be able to plead Special Reasons to avoid the ban. This is somewhat complicated and best left to a Solicitor well versed in Traffic Law and may work if you can prove eloquently a ban would cause great hardship, loss of house, job etc. Converseley if you are successful then you may attract a larger fine which together with your Solicitors fee could be in the ouch factor.
The balls now in your Court. Was it all worth it????
DVD
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Serious, at that speed, common on you know damn well you were doing it so lets get the punishment sorted.
Why do I get the feeling that if DVD cautioned you, you *never* re-offended!!!
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These are my own opinions, and not necessarily those of all Toads.
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Rubber truncheon or a wet towel Toad. Never leave a mark...
DVD
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I'm with DVD on this in the sense that you are rather vague in your admission of actually going that fast. If I was a magistrate this would say to me that you speed as a matter of routine and that these sorts of speeds do not bother you greatly. Big punishment ensues.
How about taking the "fair cop, guv" line and pleading that this was completely out of character and you need your car for your job etc. IF there is any chance for sympathy, I would reckon on this being more likely to achieve the most lenient punishment.
Splodgeface
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Perhaps a bowel or bladder difficulty might elicit a sympathetic response from a magistrate? (especially if elderly)
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As posted elsewhere, I thought it was helpful using a solicitor when I was up for 108. No denial, just presented mitigating circumstances and a letter from my employer very eloquently. Plus he was obviously known by the bench and the court people, and because I was in attendance he managed to get us seen at teh start of the day, rather than the hanging about I was expecting.
I got 2 week ban and £180 fine, no points. A few years back now. By the guidelines he said I should have been looking at much more (but then he would say that, wouldn't he!). All in all for me, it was £200 well spent.
I'm told that if they are going to ban you they will expect to see you in court. That is - if you plead by post (if you have that option), then they will hear your case, then defer sentence until you are there. Which is why I turned up - to get it over with.
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Perhaps a bowel or bladder difficulty might elicit a sympathetic response from a magistrate? (especially if elderly)
Doesn't that depend on whether your name's Sir Alex or not? (it *was* him, wasn't it?)
HF
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It's all dead simple, FastShow.
1) Cough up. You know what you drive, you know what you did
2) If you're going to get a brief, get one known to the bench where it'll be heard. He/she knows what they'll wear, the bench won't dismiss what's said as flannel/BS
3) Best you can hope for is a reduced ban
4) Learn the lesson
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It's all dead simple, FastShow. 1) Cough up. You know what you drive, you know what you did 2) If you're going to get a brief, get one known to the bench where it'll be heard. He/she knows what they'll wear, the bench won't dismiss what's said as flannel/BS 3) Best you can hope for is a reduced ban 4) Learn the lesson
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That No 4 - a tad sanctimonious, don't you think? Let him who hath not sinned cast the first stone - or something like that - springs to mind.
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Ken - perhaps; but a valid statement nevertheless.
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SO valid it didn't really need saying...
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Sorry if it sounds sanctimonious guys but let's say I regularly come across people who nevertheless need reminding about it.
Get my drift?
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Including off duty policemen ????????
How many get off scott free I wonder !
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102?
*Shrug*
If you do end up in court though, the 'yes I have been stupid and accept the accusation blah blah' is certainly effective.
Worked for me when I was caught over the drink drive limit - yes it was stupid of me, and while I feel sympathetic in general if somebody gets done for speeding, maybe you should try the same line. Just accept it and maintain honesty and humbleness about it!
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Including off duty policemen ????????
How many get off scott free I wonder !
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Probably many.
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No uniforms in my part of the world.
Try another tack!
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Think about the end result of it all. 'Nuff said now.
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OK mr Ox,hand on heart,have YOU ever broken the speed limit.
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Of course, but not at three figures. Even if you're a good guy the margin for error is non-existent, so stump up for a track day.
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...so I'm absolutely not a paragon of virtue.
However, I've come across so many people who've been through this and haven't picked up on why the law is there. It isn't necessarily what you did in the circumstances, it's what it might lead to.
That's what I mean by end results.
If you acknowledge what the end results might have been FastShow that means you've learned the lesson.
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Sorry, I've not been about for the past few days, work commitments and all that...
OK firstly, the reason I was vague about whether I was speeding or not is bacause; 1) I almost certainly _was_ speeding, I just doubt very much I was going that fast and; 2) I've already argued the toss over at a different forum and can't be bothered going through that again.
What I'm after now is just advice on what I should do to minimise the damage.
Next, I need to know what I should do with the NIP. Do I reply in writing requesting all the information I want to see (calibration certificate, photo etc...) without naming the driver? Do I name the driver as well as requesting that lot? Do I name the driver now and wait until the summons come through before I request it, or what?
That's it really - ideally I'd like to drag it out for as long as I can since I'm picking my new car up on Saturday and I'd like to have a bit of fun with that before they take my licence away.
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Hi FastShow
Have a look round on www.speed-trap.co.uk/
Wealth of information on here including info from a guy in a similar position to yourself. He had been speeding but after getting all photos etc it turned out the Police had overestimated by about 20mph. Thus he got slap on the wrists and 3 points instead of something nastier.
Check it out...
Dan J
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Next, I need to know what I should do with the NIP. Do I reply in writing requesting all the information I want to see (calibration certificate, photo etc...) without naming the driver? Do I name the driver as well as requesting that lot? Do I name the driver now and wait until the summons come through before I request it, or what?
Anyone? Please?
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Sorry FS.
IIRC (from previous threads) most forces will release the info only if you plead not guilty. I stand to be corrected on this, but I think this was repeated on the other site you've been referred to elsewhere on this thread.
I can only suggest you check your insurance for legal services cover and make yourself an appointment with a solicitor ASAP. The court is more likely to accept that you understand the seriousness of the allegation if you are professionally represented. Your brief can also advise on the pros and cons of contesting the evidence.
And no, I'm not a solicitor trying to make some more dosh for the profession!
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Surely if it's going to court whatever (which obviously it will), I'll be entitled to see any evidence being used against me regardless of what I plead?
I think you're right though, time to bite the bullet and pay for a brief. Any idea which court I'll be summonsed to; my local one or one near the alleged offence?
If it's one near the offence, I've no idea how the hell I'll get there if I can't drive, but I guess that's another bridge to cross when I come to it.
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No, I'm afraid the view taken on evidence is that if you are pleading guilty, you don't need to see it. If you need to see it, you are questioning the charge and therefore pleading not guilty. Mind you, as this is a compulsory hearing, rather than a fixed penalty, I may be wrong.
As for location, I should imagine it will heard in a magistrates court appropriate to the location of the offence. Take plenty of change for a cab to the railway station. It may also help your case if you can show that you didn't drive to the court in appreciation of the liklihood of a ban.
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Hrm... how do I know whether to plead guilty or not though when I haven't seen the evidence they have against me? It could be a crayon drawing of a car with 102mph scrawled across it for all I know.
Ho hum, such is the system, I guess. Any idea where to find a decent local solicitor who'll have good experience in this sort of area?
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If you are a member of the AA or RAC they will recommend one versed in motoring cases. Again, try checking your insurance company as well, they may have a list of recommended firms.
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I've just been thinking back over a few points and, as it will be a compulsory hearing, you will get CPS statements etc. I was getting mixed up with Fixed Penalties.
However you approach it, good luck.
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I got a local motoring solictor through the local Citizens Advice Bureau - they gave me a handful of numbers so I chose based on price...they were all motoring specialists
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FS - first of all you should get yourself a solicitor as No Dosh suggested. If you've been wise enough to take legal cover with your insurance, this is the time to use it.
It seems to me that you would probably plead guilty to the charge if you didn't doubt the speed at which you were going was the speed the police evidence said you were (tell me if this is not correct).
So, you are not disputing you were going faster than the speed limit allowed, but you are questioning you were doing 102MPH. So, i'd say in that case you would plead not guilty to the charge and would like to see the evidence based on that, unless it is possible to view the evidence without pleading anything which to me would only seem fair - but then again I didn't write the law and don't know it that much detail.
This is all the more reason to get a solicitor with experience in the field of motoring offences who can tell you what your rights are before you respond in any way to the police.
The fact that this is going to end up in court is not a question.
good luck!
PS: I disagree with a previous comment that it would show good will to the court by taking the train to the court (especially if you would plead not guilty!) because you're expecting a ban. I'd say that is calling on a self-fulfilling prophecy. If you want my advice, I'd try to bring a friend to court who can drive you home if needed (or you can ask the solicitor ;-)
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My goodness. Here we fix that on the spot by negotiation ;) no endless legal stuff.
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Greeting Growlette. How were the cold beers and the views of the lake on this mornings ride into the hills? Not even remotely jealous......
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FS
You recieved the NIP/advice re offence. Was there only a form to name and shame the driver? If so then complete as you say you were the driver and return. IIRC it will go something like this. Either you will get the Conditional Offer (£60 and 3 points and if so grab it with open arms) or else a summons will be sent to you to appear at the Court of the area where the offence was committed. This will depend of Mags policy in relation to prosecution at Court for a disqualification at a speed in excess of???? mph. The summons will be accompanied by what is called a statement of facts outlining the offence. Whether this will contain detailed evidence I would doubt. However there are avenues to explore on disclosure of evidence which a brief knows about.
If you are summoned then they are looking at imposing a disqualification and your presence will be necessary. Any ban will be instantaneous unless of course you immediately register an appeal. So a problem could arise if you have driven to Court and you cannot drive back home if ban imposed.
If within the NIP papers there is a conditional offer for you to accept then consider doing so as they may accept and not take Court action.
In my area speeds of in excess of the ton attract a months ban or there abouts.
As stated earlier if you are summoned then it may be prudent to engage a well versed Solitor who will test the evidence, may plead Special reasons and get you away with only a fine.
DVD
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Cheers DVD, that's exactly what I was after.
I'll get the NIP sent back naming me as the driver then since that's all I have the ability to do at the moment and I'll let you know what happens from here.
Cheers.
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Thanks DVD. I was cobbling bits together from various threads and making a right hash of it.
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