Caught speeding at 107mph...

4.2 V8 32v Naturally Aspirated - 414 bhp
tartan_rob
Cruising
Posts: 2990
Joined: Thu Sep 04, 2003 1:45 pm
Location: Swindon, Wilts

Post by tartan_rob » Mon Apr 19, 2010 9:32 am

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..?
2017 Kawasaki Z1000
2014 RS6
2014 S1

User avatar
MB2
Top Gear
Posts: 1575
Joined: Tue Dec 15, 2009 10:21 am

Post by MB2 » Mon Apr 19, 2010 11:12 am

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).

User avatar
klauster
Top Gear
Posts: 2252
Joined: Mon Feb 11, 2008 12:57 am
Location: Yorkshire

Post by klauster » Mon Apr 19, 2010 12:41 pm

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
RS3 8P 2013 Phantom Black with Ally Pack and Black Optics Grille | LED Interior and number plate lights - GONE :(
RS4 B7 2006 Phantom Black with Titan alloys and mirrors - GONE :(

User avatar
PetrolDave
Cruising
Posts: 7599
Joined: Mon Nov 07, 2005 11:28 am
Location: Southampton, Hampshire UK

Post by PetrolDave » Mon Apr 19, 2010 6:28 pm

klauster wrote:our legal system with regards to driving offences is seriously flawed and wrong imho
+1

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.

HYFR
Cruising
Posts: 15568
Joined: Tue Oct 07, 2008 7:02 pm

Post by HYFR » Mon Apr 19, 2010 9:13 pm

+2

excellent points Dave

drcarrera
3rd Gear
Posts: 360
Joined: Wed Aug 01, 2007 12:47 pm
Location: Dorset

Post by drcarrera » Mon Apr 19, 2010 9:37 pm

+3 !
(PO van out of driveway without looking and straight into the side of my 911 - must be the flash car diver's fault, not the numpty posty's :x )
Chris

06 Daytona RS4 Avant (B7)

bluenosewrx
4th Gear
Posts: 659
Joined: Mon Nov 23, 2009 6:05 pm

Post by bluenosewrx » Mon Apr 19, 2010 9:41 pm

+4

approved
4th Gear
Posts: 772
Joined: Mon Sep 22, 2003 8:52 pm

Post by approved » Mon Apr 19, 2010 10:07 pm

-1.

i went to court accused of dangerous driving, and was found not guilty.

my word against the policeman.

User avatar
Golfather
Cruising
Posts: 3033
Joined: Thu May 13, 2004 10:27 pm
Location: Berks
Contact:

Post by Golfather » Mon Apr 19, 2010 11:10 pm

-2

Get a good lawyer and you can get away with murder... ;)

User avatar
ArthurPE
Cruising
Posts: 3755
Joined: Tue Nov 11, 2008 3:15 am
Location: USA

Post by ArthurPE » Mon Apr 19, 2010 11:52 pm

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
Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe...Albert Einstein

User avatar
PetrolDave
Cruising
Posts: 7599
Joined: Mon Nov 07, 2005 11:28 am
Location: Southampton, Hampshire UK

Post by PetrolDave » Tue Apr 20, 2010 7:11 pm

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...
The UK doesn't operate plea bargaining.

User avatar
klauster
Top Gear
Posts: 2252
Joined: Mon Feb 11, 2008 12:57 am
Location: Yorkshire

Post by klauster » Wed Apr 21, 2010 12:59 pm

golfather wrote:-2

Get a good lawyer and you can get away with murder... ;)
Only if the sun is out, the wind is in a southerly direction and the magistrate got laid last night
RS3 8P 2013 Phantom Black with Ally Pack and Black Optics Grille | LED Interior and number plate lights - GONE :(
RS4 B7 2006 Phantom Black with Titan alloys and mirrors - GONE :(

paulslacey
1st Gear
Posts: 56
Joined: Fri Oct 03, 2003 5:04 pm
Location: Hertfordshire

Post by paulslacey » Wed Apr 21, 2010 9:39 pm

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.
2007 R8 IBIS White with all the toys

2004 Dodge Viper Mamba #86 of 200

1998 Dodge Viper GTS/R 1 of 100 #52 The Justin Bell car

2007 Harley Davidson 'Street Glide' 1 of 200 Harley Custom Paint

'Its the car, chicks dig the car'

r4fdud
2nd Gear
Posts: 148
Joined: Sun Sep 03, 2006 1:43 pm

Post by r4fdud » Fri Apr 23, 2010 11:27 pm

try this guy

http://www.freemankeepondriving.com/

used by celebs, footballers etc

User avatar
victor2vt
Top Gear
Posts: 1621
Joined: Thu Apr 10, 2008 12:06 pm
Location: The Toon

Post by victor2vt » Sat Apr 24, 2010 11:07 am

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
Mint Optic Pack saloon in Daytona Grey (Now sold)
B7 RS4 in Sprint Blue (Gone to a very good new home)
Evo V1 (wish i'd kept)
Numerous M3s

Post Reply

Return to “RS4 (B7 Typ 8E) 2006–2008”

Who is online

Users browsing this forum: Google Adsense [Bot] and 131 guests