bad news speeding
#1
bad news speeding
how offten does this come up got pulled last nite apprently i was traveling between 110-120mph its was 11.30pm and the A12 was clear bar a few lorrys i clearly said there was no way i was doing that speed but the officer (on his own) said i was. he said was following me and his calibrated speedo states i was.. he wasnt using a gun or a camera of any sort.waiting for a summons to come thorugh he didnt give me a ticket or anything just a producerreally worryed and quite upset bout it.
#4
Scooby Regular
Any video If it's your word against his with only the calibrated speedo as evidence then a good brief might save your @$$, but don't count on it. The magistrates tend to believe them, even though history proves them to often lie to get a dodgy conviction
Get yourself over to www.pepipoo.com
Get yourself over to www.pepipoo.com
#6
Scooby Regular
I would think you could plead guilty to speeding, just dispute that the speed was correct ............... your speedo was showing 90MPH.
If you admit to speeding and just dispute the speed, then you will be looked on much more leniently than pleading innocent.
A Motoring Brief could save you a ban and a big fine .... well worth the cost I would guess??
Good luck ..............
Pete
By the way 120MPH is way out of order!!!!!!!!!! SLOW DOWN!!!
If you admit to speeding and just dispute the speed, then you will be looked on much more leniently than pleading innocent.
A Motoring Brief could save you a ban and a big fine .... well worth the cost I would guess??
Good luck ..............
Pete
By the way 120MPH is way out of order!!!!!!!!!! SLOW DOWN!!!
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#11
Sounds to me like he knows you were speeding but has no evidence, no gun, no speed and distance thingy on the dash (forget what they call them), and just made up a speed of 120mph to wind you up. He's annoyed he can't do you so he gives you a producer instead.
He has to formally tell you you're being nicked for speeding, a "notice of intended prosecution", or post you a NIP, a written Notice of Intended Prosecution, within 14 days. So fingers crossed.....
Know how it feels. It's two weeks tonight since I drove "spiritedly" thro the new variable speed limit cameras on M42 (at 11:30 at night) two days after the speed limit came in thinking the cameras weren't live as the Origin was quiet. Next day I thought it's at least a week since I last updated it and they weren't live then...... Whoops. Still nothing in the post today so fingers crossed.
Oh yes they're called VASCAR. Fingers crossed for you too.
He has to formally tell you you're being nicked for speeding, a "notice of intended prosecution", or post you a NIP, a written Notice of Intended Prosecution, within 14 days. So fingers crossed.....
Know how it feels. It's two weeks tonight since I drove "spiritedly" thro the new variable speed limit cameras on M42 (at 11:30 at night) two days after the speed limit came in thinking the cameras weren't live as the Origin was quiet. Next day I thought it's at least a week since I last updated it and they weren't live then...... Whoops. Still nothing in the post today so fingers crossed.
Oh yes they're called VASCAR. Fingers crossed for you too.
#14
Firstly be careful what you say on the internet as the police employ a team to monitor it and to try and attach "confessions" to crimes. They admitted this in the press so it is not a secret but watch it.
The next point is that Mike who runs Pepipoo was "done" in a similar situation where he was followed by a single copper who claimed he was doing some extreme speed. You can see the video on the site and it seems very similar to your situation, Mike might have been doing 85ish. If you had 90 on your speedo then it is likely you were doing something similar. It looks like the police car may indeed have reached speeds in excess of 100mph when following Mike but it also looks highly unlikely that Mike ever came anywhere near those speeds.
You need to be aware that if they claim you were doing 120mph then there is a slim possibility of a dangerous driving charge and that can mean a prison sentence. With that in mind you need a good motoring solicitor, not just some bloke down the road who does divorces but someone who specialises in motoring cases. I believe one particular motoring solicitor has built a reputation on having never lost a case, though he doesn't come cheap.
The next point is that Mike who runs Pepipoo was "done" in a similar situation where he was followed by a single copper who claimed he was doing some extreme speed. You can see the video on the site and it seems very similar to your situation, Mike might have been doing 85ish. If you had 90 on your speedo then it is likely you were doing something similar. It looks like the police car may indeed have reached speeds in excess of 100mph when following Mike but it also looks highly unlikely that Mike ever came anywhere near those speeds.
You need to be aware that if they claim you were doing 120mph then there is a slim possibility of a dangerous driving charge and that can mean a prison sentence. With that in mind you need a good motoring solicitor, not just some bloke down the road who does divorces but someone who specialises in motoring cases. I believe one particular motoring solicitor has built a reputation on having never lost a case, though he doesn't come cheap.
#15
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Originally Posted by hedgehog
I believe one particular motoring solicitor has built a reputation on having never lost a case, though he doesn't come cheap.
#16
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i do believe that if they give you a verbal NIP, they have 6 months from midnight of the day in question to serve the writen summons mate.
Its only fixed penalty notices that they have to serve the NIP within the 14 days
like previously mentioned, try the website, and try the piston heads forums, GASSING STATION, theres a legal one there which i have found useful in the past and some regular good reading
Good luck mate
John
Its only fixed penalty notices that they have to serve the NIP within the 14 days
like previously mentioned, try the website, and try the piston heads forums, GASSING STATION, theres a legal one there which i have found useful in the past and some regular good reading
Good luck mate
John
#17
For speeding in the UK if you are not given a Fixed Penalty Notice and are 'reported' you have to be given what is called the 'warning formula' which is basically a form of words which says "you are being reported for the question to be considered of prosecuting you for ..... [offence] . This is done at the time you are stopped. If this is not done - like with the cameras - then then they must send a Notice of Intended Prosecution in 14 days.
One copper + calibrated speedo is enough to get you prosecuted if he was following you at the same speed for 3/10th of a mile or over.
Are you sure he didn't say he had to do 120mph to catch you up ? Thats a bit different to you being reported for 120. It is normal to say how far you follow someone for and from what speed ... and to what speed the alleged offencer was doing over a set distance once you were following them at equal speeds.
You do not need Vascar or Police Pilot to get accurate follow speeds but a court may ask among other things how experienced the officer is. The thing is, whilst there are undoubtably idiots out there wearing uniforms why would the average copper risk his pension by lying over a speeding ticket for someone he doesn't know ?
If it was a traffic car did he have a video ? He doesn't have to show it to you but they usually do.
I would wait and see if you are summonsed and what it says ......
Ultimately the offence is speeding and that is all they need to prove. The obvious problem is though that the penalty for going 2/3rds over the limit may have some rather nasty implications ......
One copper + calibrated speedo is enough to get you prosecuted if he was following you at the same speed for 3/10th of a mile or over.
Are you sure he didn't say he had to do 120mph to catch you up ? Thats a bit different to you being reported for 120. It is normal to say how far you follow someone for and from what speed ... and to what speed the alleged offencer was doing over a set distance once you were following them at equal speeds.
You do not need Vascar or Police Pilot to get accurate follow speeds but a court may ask among other things how experienced the officer is. The thing is, whilst there are undoubtably idiots out there wearing uniforms why would the average copper risk his pension by lying over a speeding ticket for someone he doesn't know ?
If it was a traffic car did he have a video ? He doesn't have to show it to you but they usually do.
I would wait and see if you are summonsed and what it says ......
Ultimately the offence is speeding and that is all they need to prove. The obvious problem is though that the penalty for going 2/3rds over the limit may have some rather nasty implications ......
#18
Did he read you your rights?....Anything you say etc...etc
I believe they have to if they are going to report you for any offence.
From my experience,after you've been 'given your rights'
the next question is usually''How fast do you think you were travelling?''
If your reply is,''I was only doing 80 or 90 (or whatever)''
Well then thats your admission of 'guilt' and he can use that statement in court against you.
If he didn't and there is no video evidence,then I'm pretty sure all he can do is report you for driving in excess of the speed limit.
Good luck,Jon
I believe they have to if they are going to report you for any offence.
From my experience,after you've been 'given your rights'
the next question is usually''How fast do you think you were travelling?''
If your reply is,''I was only doing 80 or 90 (or whatever)''
Well then thats your admission of 'guilt' and he can use that statement in court against you.
If he didn't and there is no video evidence,then I'm pretty sure all he can do is report you for driving in excess of the speed limit.
Good luck,Jon
#19
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Originally Posted by corradoboy
Any video If it's your word against his with only the calibrated speedo as evidence then a good brief might save your @$$, but don't count on it. The magistrates tend to believe them, even though history proves them to often lie to get a dodgy conviction
Get yourself over to www.pepipoo.com
Get yourself over to www.pepipoo.com
www.pepipoo.com
As above get yourself over to this site they have some good advice.
I was (allegedly caught speeding) back on the 30th of may after following the advice i got off here have not heard anyting from the camera safety partnership so touch wood....
#20
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Guys even if the copper states that he followed at 120mph there is another angle you may not realise.... this is a Sport not a Turbo so I would have to say can dibbleyuk's car safely reach that speed anyway ??
That's not putting the car down in anyway... I think this is a case of simply the copper saying yes it's an impreza doing 120 just to try and make the mud stick.
Just wait and see if anything drops on the mat and seeks legal advice if it does.
That's not putting the car down in anyway... I think this is a case of simply the copper saying yes it's an impreza doing 120 just to try and make the mud stick.
Just wait and see if anything drops on the mat and seeks legal advice if it does.
#21
Originally Posted by dibbleyuk
i can live with a ban and a fine you know, just really dont want a retake...
i would guess that you havnt been driving very long them??
if you want to play wing commander, and get tagged by the enemy you have to take the hit..
could argue the point you wernt very observant then were you!! if you want to play with three figure speeds, you need to be aware whats around you, not just in front!
what speed do you reckon you were going then???
whatever you look at its a ban, the limitation is up to you..
oh and your insurance on a scoob is well shafted,, fiesta for you next
Mart
#22
A friend if mine was caught doing 116mph. Got a 28 day ban and £300 fine.
If it does go to court try and get a letter from your employer saying you need the vehicle for work.
Ref insurance - it might not be that bad. I was banned for 21 days a couple of years ago, and was told by an underwriter that any ban under 1 whole month only carries the same loading as a normal SP30 (3 points). This might not be the case for all insurers though.
If it does go to court try and get a letter from your employer saying you need the vehicle for work.
Ref insurance - it might not be that bad. I was banned for 21 days a couple of years ago, and was told by an underwriter that any ban under 1 whole month only carries the same loading as a normal SP30 (3 points). This might not be the case for all insurers though.
#24
Scooby Regular
Were you cautioned?
"You do not have to say anything, but it may harm your defence if you do not mention when questioned (when should of been replaced with NOW) something which you may later rely on in court.Anything you do say may be given in evidence"
On the producer, has the officer ticked the box <reported>?
"You do not have to say anything, but it may harm your defence if you do not mention when questioned (when should of been replaced with NOW) something which you may later rely on in court.Anything you do say may be given in evidence"
On the producer, has the officer ticked the box <reported>?
#25
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posting it all up on a public forum that is regularly read by the Police won't help matters - especially as you are being given advice of how to get out of it by perhaps bending the truth.
Perhaps better to appeal for people that know a bit about speeding and have been in a similar situation and then continue your conversation via PM.
Perhaps better to appeal for people that know a bit about speeding and have been in a similar situation and then continue your conversation via PM.
#26
Originally Posted by King Eric
Were you cautioned?
"You do not have to say anything, but it may harm your defence if you do not mention when questioned (when should of been replaced with NOW) something which you may later rely on in court.Anything you do say may be given in evidence"
On the producer, has the officer ticked the box <reported>?
"You do not have to say anything, but it may harm your defence if you do not mention when questioned (when should of been replaced with NOW) something which you may later rely on in court.Anything you do say may be given in evidence"
On the producer, has the officer ticked the box <reported>?
You don't need to be cautioned for speeding .... they are not asking you anything - they tell you that you are being reported. Alot of police officers do caution for everything as it is taught as 'good practice' but in reality it is not necessary unless they want to ask you something about it... other than an explanation - which also doesn't require a caution.
#28
Originally Posted by billythekid
John57 is correct in both his posts. Its just a case of wait till the summons arrives really.
Yes it went to court, I was crapping myself, but argued a 950cc Fiesta had a to speed of 85mph and produced evidence and even offered to pay for a dyno test to prove the car was standard. The magistrate threw the case out of court I should have sued Bedforshire police for wasting mine and the tax payers time and money.
It took months before they took me to court, I can say hand on heart the car would struggle above 70mph my only doubt was whether the car was much over 70mph when they stated tracking me (unlikely).
#30
There is evidence to be offered in court, there is the opinion of a police officer that dibbleyuk was exceeding the speed limit plus the reading on the speedo in the police car. This is more than sufficient to get a successful prosecution unless dibbleyuk builds himself a defence.
According to what we have been told it would appear that the police officer is lying (no surprise there then) but the magistrate will tend to believe him even if it appears to the court that what he is saying is highly improbable. However, if he is willing to lie the chances are he will make other mistakes and so will leave effective defences open to the motorist. When you read reports of police behaviour (I was involved in a court case where the magistrate said in open court that he knew the police were lying, though no action was taken against them and they probably told the same lie in the following case) you soon realise that it is a rare one who tells the truth and so the motorist must take every step necessary to protect himself, even though he may be entirely innocent. Unfortunately the truth doesn't always come out unless the motorist is willing to fight for it.
When faced with lying police officers it turns out that CCTV and video evidence is often, actually, more useful to the motorist than to the police. No matter what they say you were doing it is hard to make their case stick if video evidence shows otherwise, once more I would direct you to watch the video on the pepipoo site which caused Mike to set the site up. The police clearly lie, and the video clearly shows the truth.
According to what we have been told it would appear that the police officer is lying (no surprise there then) but the magistrate will tend to believe him even if it appears to the court that what he is saying is highly improbable. However, if he is willing to lie the chances are he will make other mistakes and so will leave effective defences open to the motorist. When you read reports of police behaviour (I was involved in a court case where the magistrate said in open court that he knew the police were lying, though no action was taken against them and they probably told the same lie in the following case) you soon realise that it is a rare one who tells the truth and so the motorist must take every step necessary to protect himself, even though he may be entirely innocent. Unfortunately the truth doesn't always come out unless the motorist is willing to fight for it.
When faced with lying police officers it turns out that CCTV and video evidence is often, actually, more useful to the motorist than to the police. No matter what they say you were doing it is hard to make their case stick if video evidence shows otherwise, once more I would direct you to watch the video on the pepipoo site which caused Mike to set the site up. The police clearly lie, and the video clearly shows the truth.