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speeding/court. - pete-taxi

just been to court today to fight a 30mph speeding fine (44 mph in a 30). I had lots of evidence photos/video to prove that I had a good case. I did not realise that this was a pre trail hearing and was told that if i plead not guilty I could be fined up to £1000 if it went to trial and lost.

I felt scared at the thought of losing so had to plead guilty.. fine £300 and 5 points.. can I appeal the fine and points ...? wish I"d paid the fix penalty.

Also the case before, the bloke was caught doing 90mph in a 70 he got £150 and 4 points..

british justice..best in the world..

Edited by pete-taxi on 29/11/2013 at 16:32

speeding/court. - RT

Sadly, you should really have sought advice before deciding to fight the case instead of accepting 3 points and the £60/80 fine.

When pleading guilty you should have made your case as mitigating circumstances but the penalty is always more at court than the fixed penalty - unless you're found not guilty of course.

Fines are related to income as well as offence which makes it difficult, indeed impossible to compare cases and penalties.

speeding/court. - pete-taxi

The mitigating circumstances were. the 30 mph signs were hidden by folliage, and the lampposts were telegraph poles covered in even more folliage. semi rural area.

I can understand the fine.. but the 5 points is excessive.

speeding/court. - gordonbennet

Not having a go at you, but your speed was almost 50% above the limit, the other driver you mention would have had to be doing 100+ to be at the same percentage over...and 30 limits are usually in areas where pedestrians are likely, i was always under the impression that you were in more trouble for exceeding a 30 limit than a 50 or above limit for example.

Not sure just how good a defence ignorance of the limit would be, maybe worth a punt as mitigation but i wouldn't have attempted a not guilty plea on the strength of it..but then i have no legal expertise just looking at things as a reasonable man might.

Just wondering aloud here...presumably you are a taxi driver, then assumed to be a vocational driver, lorry and bus drivers get hit hard for breaking many laws due to their being vocational so should in the eyes of the law be better than mr and mrs typical car driver, i wonder if you got a heavier fine and points was for that reason.

speeding/court. - RT

If the lamps themselves were readily visible then the rest isn't very relevant.

The court guideline for 44 in a 30 is 4-5 points and a week's take-home pay.

The guideline for 90 in a 70 is 3 points plus half a week's take-home pay.

Edited by RT on 29/11/2013 at 17:25

speeding/court. - pete-taxi

The lamps were covered by overhanging trees.. b***** joke..

although the take home pay is quite high. the outgoings are also very high. im sure this wasnt taken into consideration.

speeding/court. - RT

The lamps were covered by overhanging trees.. b***** joke..

although the take home pay is quite high. the outgoings are also very high. im sure this wasnt taken into consideration.

Outgoings don't come into it - only take-home pay.

speeding/court. - pete-taxi

Lesson learnt...only fight the law if your rich or on benifits..working man no chance.

speeding/court. - RT

I can understand your bitterness, you've had a bad day.

The real lesson is to get advice early - the Pepipoo website would have given all the advice you needed when you got the NIP.

speeding/court. - pete-taxi

I had an accident and ......It wasn't my fault!!!

I,ve got unclaimed ppi

I'd get 1000s of offer of help.

British justice...best in the world.

speeding/court. - pete-taxi

Rt...very bitter.. but thanks for link.

speeding/court. - Andrew-T

Lesson learnt...only fight the law if your rich or on benifits..working man no chance.

Starting to sound a bit paranoid. But going to law is usually just to the advantage of lawyers. Fact remains that you were bang to rights. Bad luck that local council didn't keep the signs etc. clear.

speeding/court. - Cyd

Although I do have some sympathy:

you really should have been more observant

30 limits are for where there may well be pedestrians....children....cyclists etc

70 limits...cyclists, pedestrians, horses etc....not allowed (70 limit is for motorways)

hit a child at 40....almost certainly kill them

hit a child at 30.... they'll almost certainly survive

35 is the "break even" speed.

That's why speding in a 30 is hit harder than speeding on a motorway....far far and away more dangerous.
It's why pedestrian safety is part of the EuroNCAP assessment for new cars.

BTW: I'm not anti car... ex rally driver with a tuned Saab 9-3 Aero...I feel the "need for speed"...but I'm also an ex Automotive Engineer and understand the physics...inappropriate speed is dangerous.

What peeves me most about this case is that you don't get the opportunity to do a speed awareness course, yet could probably benefit more than most from it.

speeding/court. - pete-taxi

I could understand if it were in a built up area, but this was a rural location. I had turned off a national speed limit road onto a unmarked (signs hidden) 30mph rural road and was nicked 200yds into the 30mph zone.

I do 40,000miles a year and have only ever had1 sp 30.

speeding/court. - Dwight Van Driver

BY pleading Guilty you lose the right of appeal in relation to the conviction but you retain the right to appeal against the sentence.

See a brief if you want to follow that road.

dvd

speeding/court. - pete-taxi

As I said, lesson learnt..no one died, no one was injured.

speeding/court. - Simon

I think that where you went wrong was to give in halfway through the proceedings.

If you had a good case and reasonabvle chance of getting away with it you should have followed it through to the end, if you didn't have any case then you should have accepted the conditional offer of the three points and £60 fine - or whatever it was.

By going to court and then pleading guilty halfway through, you look like a time waster.

speeding/court. - RT

I think that where you went wrong was to give in halfway through the proceedings.

Whilst that's true, it's also clear to me that the OP should have taken advice at the beginning, to determine the likelihood of success - rather than do it all himself.

We don't have the OP's photographic evidence so can't tell how strong his defence was - or not as the case may be.

Edited by RT on 01/12/2013 at 10:44

speeding/court. - Bromptonaut


Whilst that's true, it's also clear to me that the OP should have taken advice at the beginning, to determine the likelihood of success - rather than do it all himself.

We don't have the OP's photographic evidence so can't tell how strong his defence was - or not as the case may be.

That sounds right to me. Failure to see signage and take cue from streetlights, excepting the most egregious instances, is mitigation. NG would be applicable if there were evidence of legal requirements not complied with either in any order setting the limit or around the camera or other evidence used as evidence of the OP's speed.

A link to streetview of the location would assist debate.

speeding/court. - pete-taxi

I had photographic evidence. I had a video that backed up my claim. I just thought it was a hearing to show my innocence. but when the judge and his side kick assured me that I,m probably wasting my time fighting an sp30 because most people fail and I would most likely have to pay a grand in costs if it went to trail thats when I got scared. I had to make an instant decision.

Had I known the punishment was so hard, I would of never gone so far.

I would like to appeal against the points .. should I ?.

speeding/court. - RT

As I posted earlier, the court guideline for 44 in a 30 is 4-5 points - achieving a 1 point reduction is probably not worth any more grief, even if it's possible.

speeding/court. - Simon

At this point I think that I would chalk it up to experience and move on.

speeding/court. - pete-taxi

yep.. lesson learnt..