doorman

last night on my way up north the rozzers were following me in my scooby.allegedly i was doing between 100/108.now the thing is i had to get in the back of their motor, and while i was sitting there i was waiting for them to roll the video of me.but that didn't happen so now does this mean that now they have no proof of the speed that i was travelling at?.all i got was a producer so how will this stand up in court?some advice needed me thinks. thanks

stephen emery

if 2 cops then thats enough.

if u on Motorway then expect a ban of a few weeks.


steve

mart360

think a ban is on the cards...

need to get legal representation asap

did you get an official caution and read your rights??

what is the producer for??

did they actually state you would be reported for the offence of speeding??



Mart

stephen emery

in view of

Tell the court that u have only a weeks holiday and u need the car for work. You need car for work, you need it to get kids to school.
and you may get a bigger fine and a week to 10 days ban.
Was it a motorway?
Have u got points already?
steve

unclebuck

Sell the Scoob. Buy a shopping trolly. That will help too.

UB

GarethE

iTrader: (1)

thanks....

[Edited by GarethE - 12/28/2003 7:45:04 PM]

doorman

i was on the m1, there was two of them in the car as well. iv got no previous and no points.im usually a good lad!!!!


and they didn't read me my rights

[Edited by doorman - 12/27/2003 9:23:27 PM]

stephen emery

week to 10 day ban , be careful with defence though...and depends on exact speed.


steve

stephen emery

Ps wife thinks it maybe dependent on magistrate . if u get a tough one get a push bike. 3 month ban

steve

ps mrs lawyer type

doorman

this is my argument steve they dont no the exact speed i was going so how can they nick me for it.cop said it was between 100 and 108 so what speed 101 102 103 104 105 106 107 108 ????

stephen emery

key is they are saying you are over the ton m8.

on uk roads over a ton and a ban of some sorts is on the cards........

ask why they do not think it was 99?


steve

scoobynutta555

i got 6 points and £100 fine 100.4 mph (average ) on a motorway in August.

They dont need video.

WRX Wannabe

Were they in a marked car?

If not you could use this in your favour

tomski

iTrader: (1)

Dont know for sure mate but I think they have to read you your rights to nick you for it.Are you sure they did not just give you a producer.I know that when I got done a few years ago they told me that they were reporting me and did I wish to say anything and anything i did say etc etc

hedgehog

The key here is did they say words to the effect of "you will be reported for..." In effect this is a verbal NIP and so does away with the need for them to issue a written NIP within 2 weeks. If they did say something like this then they have 6 months to get a summons to you. So, basically, you have to think back and see if they said words that implied that you will be prosecuted if they did then you are nicked and you have to sweat it out for 6 months.

They don't need video, or any other sort of evidence. As the law stands all it requires is the "opinion" of two police officers that you were exceeding the speed limit. They don't even need to venture a guess at by how much you were in excess of the limit, though that might become a factor in sentencing. Basically either you were or you weren't and if they say you were...

My guess is that they put VASCAR or a calibrated speedo on you and your summons will give your precise speed, or a range. I have direct experience of one instance, and indirect experience of several others, where they just made this speed up to suit their means. I personally can't find it in me to see the funny side of lying and entrappment but it seems to come naturally to them.

This situation isn't at all like the situation with the cameras and, to be honest, your chances of "getting off" are next to zero unless they decided not to bother and so didn't give you a verbal warning. You need to consider your position and decide if it is worth your while paying for a solicitor. The court system is a lottery and your sentence could be anything from a month in jail to 3 points and a £100 fine. It the police are not too harsh in their reporting of the incident that will help you, if they "build it up" a bit and throw in a few emotive words then things are not likely to go well for you. While a solicitor will not get you an escape they might reduce your penalty with a bit of fast talking. If you are pleading guilty then representation is likely to cost in the region of £700. If you are going not guilty then it will be significantly more costly.

stevebt

iTrader: (8)

if they were following you at your speed that is there proof, but if you spotted them and slowed down before you were stopped thats a different story unless you admitted you speed then your well and truly stuffed, its give me a driving ban your honor

doorman

i think a solictor is in order here.

stephen emery

know a good one

MGJohn

Racing cert you'll be nicked, particularly if by 'Up North' you were in the Derbyshire area. Magistrates have their guidelines and prefer to ban rather than not. Magistrates invariably are NOT motoring enthusiasts. Believe it or not, when the motorways were first built in the late 50s early 60s, drivers were told that they were designed for high speed travel..... Almost to a man or woman, in recent decades to Magistrates, cars are for going shopping etc and not for enjoyment or getting about quickly. The magic three figure 'ton' is not the auto-ban figure. IIRC, it's in the higher 90s on the motorway - elsewhere that sort of speed viewed even less favourably. You'll also need to attend in person .... none of your "guilty by letter" malarkey.

How do I know this .... experience.... stopped for doing high nineties on motorway the Police Officer courteously told me that my recorded speed meant a court appearance and almost certain ban of two weeks or so. My speed was one point something mph OVER the "guilty by letter three points margin". Sod my luck .... one point something over .....I got chatting to the motorway policeman and he kindly lowered the figure sufficiently to that "guilty by letter three points" level. His reason, because I had been reasonable ... It can sometimes pay to be polite and helpful ..... even when you've got the 'double hump' for being stopped and penalised for using the Motorways for what we were once told they were originally designed and built for....... high speed travel. For a number of years, I frequently cruised at three figures on the M1 and elsewhere all perfectly legally. Police in white S-Type Jags(1960s S-types) poodling along at 70 mph would move over and wave you by. I kid you not. Imagine that happening in today's namby-pamby world ....... Youngsters today - don't know theyze born ...

Strictly observe 70 mph limit on today's motorways and you'll invariably have 40 plus tons of loaded 'keep it moving' six axle articulated truck a couple of metres or less from your rear bumper. Now that's really dangerous! Ever seen one of those stopped for that? Maybe you have - I certainly have not...

beemerboy

yeah yeah yeah, jackanory.
plod fancied losing his job that day did he?

ZZZzzzz

BB

SiDHEaD

BB:

I doubt that is BS as I managed the same thing on a tug on a A-road for 90.something. After a chat etc and explaination of my take on the perfectly clear conditions etc, he knocked it down a few mph so it was a fixed penalty, and not court apperance.

Not all traffic police are *****!!!

Andy

calgonis

Got banned for 2 months and a fine for a first offence back in 92.

I was doing 108Mph on the M25. The cop mentioned I was driving an Audi in court and they made a big issue of this.

It was an old 84' Audi 80 SC

Fair enough I was in the wrong, however I got stopped by a single Copper on a Motorbike and could have argued his word against mine. However that would have probably landed me a 6 month ban and bigger fine as the magistrates were clearly lacking their medication that day.

Good luck

Andrew

beemerboy

Sidehead, not insinuateing(sp) they are *****, just merely pointing out that if you are speeding, you are speeding (in the eyes of the law) or is there one rule for some and another rule for others??
shouldn't matter if its 10mph over or 3 mph over, its still speeding,wet, dry, night or day!! and before anyone asks, yeah i got plenty of points, but not bitter about it, took the risk and got caught, plain and simple.

Hmmm, surely police are there to enforce law, not re-make it, as they see fit.

BB

Chrisgr31

Well police officers are human as well. My guess is that if they stop you, and you are reasonable and accept that you were exceeding the limit (albeit not admitting to your real speed) point out civilily you were paying attention, slowed when you saw them, the road was empty etc the Officer might decide that you accept you were wrong, have learnt by the mistake and his time is more worthwhile spent giving you a fixed panalty notice awarding 3 points and £60. This procedure must save him hours in paperwork and an appearance in court as a witness?

Therefore I am only too pleased to see the Police using discretion. I would much rather my contribution to the police paid for the officers to be out catching people, educating people rather than having them sitting in court all day for relatively minor motoring offences.

Goochie

I think you should say you were only doing 99.

Leslie

Doorman,

I imagine that what the copper meant was that they had followed you at speeds of between 100 to 108 Mph. That is always how it was presented in court in earlier days before radar speed traps and you had to be followed by a traffic police car or motor 'bike.

If you were not warned by them of possible prosecution for speeding then they will have to get a NIP to you inside 14 days + postage time. They do not need hard evidence, one copper's word is enough if he was comparing you to his speedometer or whatever he was using. Two coppers can get you purely by estimation of your speed!

Les

Farm boy

I dont want to get your hopes up but some time ago I was stopped for overtaking at speed on chevrons and charged with careless or alternatively reckless driving (it wasnt nearly as bad as it sounds). I opened the mail with a good deal of trepidation for six months and fortunately nothing ever appeared so cross your fingers.

Chris L

One other thing - forget about there needing to be two police officers. That is an old wives tale. If there is only one cop in the car, then it is enough. It would basically come down to you v the policeman in court. Now who do you think they will believe?

Also discount the need for calibrated speedos, video evidence, etc, etc. It is their opinion that counts. All the gadgets just give them more evidence and make the conviction easier.

I would strongly suggest you get some legal representation. Also have a read of The Speed Trap Bible. they have got loads of good advice on there. One of their sponsors is Price Woodrow & Co. They offer fixed cost legal representation for cases such as yours.

Chris

GC8

Hedgehog is right about the 'consideration for the offence of speeding' warning, however; some forces don't have to tell you this as they have the warning printed on the reverse of their stationary.

doorman

thanks Chris for those links and every one else for the advice.thing is i don't dislike plod i have a fairly good rapore with them in my town as quite often i have to call tham when the **** hits the fan.