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Speeding query


Tricky1
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Evening all

 

Ok, I was stopped by an unmarked cop car doing a ridiculous speed a couple of months ago on the M5 near Worcester.

 

I normally drive at 65 these days cos i'm getting on and i can't afford the petrol, but this night i was keen to get back so I could meet the chaps for a drink.

 

Anyway, all of that is irrelevant, but I wonder if anyone has any knowledge of this.

 

It was very much a fair cop...I was doing 90-odd and although I spotted them when they were behind me, they'd already taken a reading and pulled me over.

 

they said that "west mercia" would be in touch...why did they use such distancing language? doesn't matter, but it got on my nerves at the time, as if they were somehow not part of it...anyway.

 

so that was 27 Feb...they gave me some paperwork in the car, but I've heard nothing since.

 

surely i can't have been jammy and got away with it somehow, can i?

 

i thought the speed they had registered was faster than i was going, but i wasn't sure...either way it was definitely a court appearance rather than just points and fine.

 

so what do you think has happened? do they have to get in touch within a certain time? or are they just teasing me?

 

any experience? thoughts? suggestions? obviously i'm not going to get in touch with them to ask!

 

i presumed that a computer would just line me up for a court date and i'd have to deal with it. seems a long time to wait to hear anything....

 

ok, thanks in advance for any replies...

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They have to send a Notice of Intended Prosecution within 14 days. However (and I'm sorry to be the bearer of bad news) either the paperwork they gave you in the car or the words they said at the time may fulfil that requirement.

So I think you may still hear from them with a Court date, when they get round to it. A solicitor is going to give the best advice though.

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It's as patently said - you'll have had the NIP in the car and you'll now wait 2-3 months for a court date.

 

I did.

 

Took 3 months from the date of offence for me to even hear from the court.  A month later I was begging for leniency for a 100+ mph sprint home on the M1.

 

I got them on a good day.  They got lots of money.

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They have to send a Notice of Intended Prosecution within 14 days. 

 

No they don't as far as I know, that is only if you have not been stopped for speeding. I believe they have several months to send the paperwork through if you get stopped.

 

The reason the 14 days exists is to allow a reasonable time to tell you that you were caught or seen speeding etc. were as if you were actually stopped they have a far longer time period in which to get in touch. 

 

Happy for the above to be wrong but that was what I found out when looking in the past. 

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hey, thanks for the replies.....thought it was too good to be true...so any thoughts on my tactics in court?

 

no points at the mo....100.42mph they had....i'm certain i didn't go over 100...according to my sat nav anyway....

 

either way, i'm doomed.

 

need car for work...20k miles per year.

 

but away and out of the country for the whole of june...should i try to get a ban for that period?

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They have up to 6months to send you through what offence they are putting forward for procecution which could be a ban or just points and fine etc. etc. 

 

Only then will you be given the option as to how you can progress or if you will need to go to court etc unfortunately so keep your fingers crossed. +++

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No they don't as far as I know, that is only if you have not been stopped for speeding. I believe they have several months to send the paperwork through if you get stopped.

Yep, like I said. They have to give you notice of their intent to prosecute within 14 days, but if you're stopped then that notice is usually given at the roadside.

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I was doing almost double the speed limit for my day in court. I dressed well, made clear points, light mitigation and like MrMe they were nice. 6 points and a fine that was triple that of someone there the same day getting pulled for driving while disqualified.

I wrote my experience up, I'll try and find it for you (unless Ian C can first). It was 6 months from offence to court, albeit I was caught on camera.

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Same here, twice. A while ago now, but both over the 100. 6 points and fine each time. The second time the fine was about £600.

The worst thing about going to court is that you'll be surrounded by dickheads who've nicked cars, have no insurance (on purpose) and generally don't give a sh1t. The positive is, that if you go suited and booted you'll stick out for all the right reasons. Say you'll lose your job, and possibly your house. Dress it up. Don't mention you're out of the country, they will give you a ban!!!

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if you can afford it, you need to employ a solicitor. He will suggest the best route and represent you.

 

There are generally two tactics for 100mph +. If you are strapped for cash, you can present this to the court and state that you need your car for work and to provide for your family, however, you have taken the next two weeks off work and will be happy to accept a ban. Or, you can pay off the ban with a fine, if this time without your license could present you with difficulties.  

 

Court cases where a driver has been caught speeding are the most understanding and flexible hearings out there. They don't see you as a criminal, and generally won't treat you like one. As said, suit and boot, and present every mitigating and aggravating circumstance you can. This is where a solicitor comes in handy, if you can get one. I've written statements for friends who have been doing well over 100mph and they've presented these at court and got the exact outcome they wanted.  

Edited by drpellypo
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hey, thanks for the replies.....thought it was too good to be true...so any thoughts on my tactics in court?

 

no points at the mo....100.42mph they had....i'm certain i didn't go over 100...according to my sat nav anyway....

 

either way, i'm doomed.

 

need car for work...20k miles per year.

 

but away and out of the country for the whole of june...should i try to get a ban for that period?

Reading between the lines were you trying to do just less than 100mph on the GPS and hence was already over on the speedo?

 

That's high risk game for someone who needs their car for work.

 

I had a three week ban years ago which wasn't really too bad for me and that was a chunk higher speed.

 

I did see a post recently on a motorbike forum where a guy got pulled for 120+ in a National Speed limit and got "educated" at the side of the road and then sent on a speed awareness course. It does seem to be very inconsistent.

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if you can afford it, you need to employ a solicitor. He will suggest the best route and represent you.

 

Why?  He'll not get a ban.  Not a chance.

 

He has already said why - he'll be telling the court he'll lose his job if he gets banned. 

 

That'll impact his family too (if he has one), but that doesn't really matter.  Courts are very, very unlikely to ban you at 100mph if you've got no previous convictions and you need the car for you job.

 

6 points and £333 fine plus victim support.

 

You certainly don't need a solicitor in my opinion.  I've represented myself twice and when I could have been banned in both cases, and got away with 6 points and large fines on both occasions.  Plus, taking a solicitor can often lead to them taking a harder line approach.

 

They want to see you do this:

 

1.  Be sorry

2.  Say you can't condone the speed, and have no excuses

3.  Appear absolutely devastated and very scared at the prospect of a ban

4.  Be completely submissive and thankful to them

5.  Say you can pay the fine there and then, same day, by debit card.

 

That will do you if everything you've said is correct (in my opinion).

Edited by NewNiceMrMe
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I doubt they're firmer with represented defendants as such, just that 1., 3. & 4. don't work when someone is speaking on your behalf and 2. seems insincere.

If I planned to take MrMe's approach because I knew I was bang to rights then I'd probably appear in person. If I planned to plead not guilty, either on an evidence point or a technical point then I'd get a solicitor in.

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Exactly.+++

 

The solicitor just gives the impression you've been told what to say.  Appearing in person demonstrates a degree of humility and you also come across as much more of a 'normal' person who isn't looking to exploit a legal loophole.

 

I was doing more than 100 mph, in a 70 zone, and the police that caught me told me exactly what to say and how to present myself - and they were spot on.

 

Do as was suggested earlier though and wear a suit.

 

Oh and one more thing....

 

Don't go alone.  Tell them someone else has driven you to court, if they ask.  When you do that, it indicates you're prepared for a ban and not presuming you'll get away without one.+++

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My reason for suggesting a solicitor was that they won't muck it up. You might. Also they will know the exact strategy to take, and they'll also know who is in session that day, and adapt accordingly. Over 100mph is a ban, by default, to the letter of the law. It also could be a very very substantial fine. Personally I wouldn't want to risk that unless I was 100% certain of the outcome.

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He has no points.  He will lose his job if he loses his licence.  Courts are under instruction not to ban offenders if it will result in job loss except in the most exceptional circumstances.

 

The fine won't be any more than £500 absolute maximum, because that's the most can be given under a Level 2 offence - and anything above Level 2 involves a ban, DUI or prison.

 

A level 1 offence maximum is £200.  Hence I think he'll get the very 'standard' £333 fine for 6 points and missing out on a ban.  However, his fine could be much less depending on his earnings.  They'll ask him to declare those.

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