Caught speeding at 107mph...
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Thanks guys. I was hoping there would be some kind of technicality but I think before I get something through the post I need to get myself in order.
Does anyone have the official procedure they must follow when pulling someone in?> Official paperwork etc, etc. I have already found out that according to ACPO guidelines they should have, under no circumstances parked up on the central reservation and neither should they have invited me to cross the carriageway with them.
I am thinking that if it was a training session then was the guy using the gun properly qualified..?
Does anyone have the official procedure they must follow when pulling someone in?> Official paperwork etc, etc. I have already found out that according to ACPO guidelines they should have, under no circumstances parked up on the central reservation and neither should they have invited me to cross the carriageway with them.
I am thinking that if it was a training session then was the guy using the gun properly qualified..?
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I'd wait until you get a summons & then see what it says & go from there. Speeding is a "summary" offence so by doing it you are guilty no mitigation etc. so I wouldn't go down the cross carriageway as a way out.
If you get summonsed it sounds like it might be worth getting a solicitor to challenge the accuracy of the reading but I imagine will say trainee was supervised. Magistrates are not very helpful & don't care about technicalities as much as the High Court unless you are going to go the Nick Freeman route - I believe he does fixed fees which is what I used (not Nick Freeman but 6 points for 112).
If you get summonsed it sounds like it might be worth getting a solicitor to challenge the accuracy of the reading but I imagine will say trainee was supervised. Magistrates are not very helpful & don't care about technicalities as much as the High Court unless you are going to go the Nick Freeman route - I believe he does fixed fees which is what I used (not Nick Freeman but 6 points for 112).
Be very careful at fighting this in the court, I had a very good case, but the Magistrate didn't care less, the coppers lie on the stand, and you will probably end up with the same result as if you'd pleaded guilty, except you will be more out of pocket, our legal system with regards to driving offences is seriously flawed and wrong imho
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- PetrolDave
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+1klauster wrote:our legal system with regards to driving offences is seriously flawed and wrong imho
The presumption of magistrates is that you are guilty unless you can prove your innocence with motoring offences - at least that's how they behave regardless of what Common Law and written law say.
The other proesumption is that exceeding the speed limit is automatically dangerous - it's not. Sometimes (black ice) doing 20mph in a 30 limit IS dangerous, and sometimes (5am on a warm summer morning with no other traffic in sight) 100mph in a 70 limit is safe.
not sure how it works there, but here a lawyer can call the cop (the district attorney does not prosecute here, it's the cop who wrote the ticket) and negotiate a lesser charge, better before formally filed, but even after he can negotiate a plea...
for > 107 in my state, I'm getting a lawyer...
every case I've heard people contest has always resulted in a lesser charge (except DUI's, no wiggle room there usually)
also, a lot depends on your driving record, clean = better deal, fouled = bend over
for > 107 in my state, I'm getting a lawyer...
every case I've heard people contest has always resulted in a lesser charge (except DUI's, no wiggle room there usually)
also, a lot depends on your driving record, clean = better deal, fouled = bend over
Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe...Albert Einstein
- PetrolDave
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The UK doesn't operate plea bargaining.ArthurPE wrote:not sure how it works there, but here a lawyer can call the cop (the district attorney does not prosecute here, it's the cop who wrote the ticket) and negotiate a lesser charge, better before formally filed, but even after he can negotiate a plea...
Only if the sun is out, the wind is in a southerly direction and the magistrate got laid last nightgolfather wrote:-2
Get a good lawyer and you can get away with murder...
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Due to the speed a standard ticket can not be completed at roadside, the officer in question will complete at at a later stage a 'Process Book' due to the high nature of the speed, these days he does not need to issue you with any paperwork, he can check all your documents on the computer. Whoever raised it is quite right they know have six months to issue you with a date for court. In your opinion the officer jumped out, he will no doubt claim that he had to do this due to the nature of your speed. Worse part is with 2 officers they can stand up in court in full uniform and tell the beak they are experts, and they are. Sorry to say that if you did the crime then you do the time, not much help but good luck, wear a suit a letter from the employer explaining how you need your car for work, distress on your family etc.
If you are worried or can not afford a lawer then they do have duty ones at the court, some are really good some are crap.
If you are worried or can not afford a lawer then they do have duty ones at the court, some are really good some are crap.
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Some Tips
The first letter, if you get one, will not be sent registerd post. So you didn't get it.
Check ALL the details in the letter for any mistakes, date, time am/pm, place, car reg, spelling of your name etc.
Second letter if not sent registered post, you didn't get that either.
When you eventually do get a registered letter, send it back at the latest possible time they state you have to. If you have been caught on a speed gun/vascar/radar trap ask for a copy of when it was last calibrated. You have a right to know this and there are time limits between each test that have to be carried out, by law, for them to be legal.
You then want evidence that the officer who caught you speeding is officially and properly trained to use the equipment.
When you get your court appearance date, immediately buy the cheapest airfare you can to anywhere from your local airport for that date.
Send in by recordrd delivery, once again, as late as possible, a copy of the ticket asking if you could be given an alternative date as you will be out of the country that day. You can do this only once or they smell a rat.
The idea is that all the time you are running down the time they have to get you to court and prosecute you.
Send everything to them by recorded post
Good luck
The first letter, if you get one, will not be sent registerd post. So you didn't get it.
Check ALL the details in the letter for any mistakes, date, time am/pm, place, car reg, spelling of your name etc.
Second letter if not sent registered post, you didn't get that either.
When you eventually do get a registered letter, send it back at the latest possible time they state you have to. If you have been caught on a speed gun/vascar/radar trap ask for a copy of when it was last calibrated. You have a right to know this and there are time limits between each test that have to be carried out, by law, for them to be legal.
You then want evidence that the officer who caught you speeding is officially and properly trained to use the equipment.
When you get your court appearance date, immediately buy the cheapest airfare you can to anywhere from your local airport for that date.
Send in by recordrd delivery, once again, as late as possible, a copy of the ticket asking if you could be given an alternative date as you will be out of the country that day. You can do this only once or they smell a rat.
The idea is that all the time you are running down the time they have to get you to court and prosecute you.
Send everything to them by recorded post
Good luck
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