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Old 08 June 2008, 03:33 PM
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le bomb new age
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hi all can any1 help me i was caught speeding doing 60mph in a 30mph what is the penalty for this???? but as u may think silly speeding but the road goes from a 60 to a 30 which i didn't know and as usual the police was sitting with the gun i did try and explane but they were having none of it is it a ban or not???
Old 08 June 2008, 03:45 PM
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abbott
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Originally Posted by le bomb new age
hi all can any1 help me i was caught speeding doing 60mph in a 30mph what is the penalty for this???? but as u may think silly speeding but the road goes from a 60 to a 30 which i didn't know and as usual the police was sitting with the gun i did try and explane but they were having none of it is it a ban or not???
sorry to **** on your bonfire mate 60 in a 30 is a ban without a doubt ..

pretty wild speed in a 30 aswell eh
Old 08 June 2008, 04:07 PM
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I take it it was the first time you'd driven on this particular road then?
Where was the signs to tell you it was a 30? Were they hidden?
Old 08 June 2008, 04:11 PM
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I got caught doing 130 in a 70 and got a 4month ban......you might be ok.
Old 08 June 2008, 04:39 PM
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le bomb new age
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there is no sign to tell u the speed and its a duel carriageway with no sidewalks for people to walk on so i assumed it was not a 30mph area as like most people would i ask the police dude why there was no signs to tell me it was a 30 and he said it is! and as a driver i should no it was a 30 but as its a duel carriage i would have assumed at least it would be a 40 but like i say there is no signs on the whole strech off road!!!!!
Old 08 June 2008, 04:42 PM
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Originally Posted by abbott
pretty wild speed in a 30 aswell eh
Maybe not that wild? We don’t know all the facts.

I got stopped doing 59 in a 30 it was a duel carriageway that went through a small town, you go over a big hump back bridge and down the other side at the bottom is the town but the 30 starts before the bridge
I was clocked right at the top (no where near the town) and was only given a warning as the copper agreed it was not very clear and was just educating people to the fact it was a 30.
Top marks to him I never did go over the top at over 30 again.

If it goes to court you may get away with it if it’s a similar situation but I doubt it if it was in a town.
Good luck
Old 08 June 2008, 04:44 PM
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SP30.... 3 - 6 points, and the fact that you were going approx. 30 mph over the speed limit may also mean a ban and a fine up to £1,000....

Weren't you offered a fixed penalty at the road side?
Old 08 June 2008, 04:46 PM
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DCI Gene Hunt
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And another lesson for all..... never EVER say you didn't see any speed limit signs to the police as if you've missed one somewhere they can also charge you with driving without due care....
Old 08 June 2008, 04:47 PM
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Originally Posted by le bomb new age
there is no sign to tell u the speed and its a duel carriageway with no sidewalks for people to walk on so i assumed it was not a 30mph area as like most people would i ask the police dude why there was no signs to tell me it was a 30 and he said it is! and as a driver i should no it was a 30 but as its a duel carriage i would have assumed at least it would be a 40 but like i say there is no signs on the whole strech off road!!!!!
Sorry your last post wasn't there then I did mine

Similar situation to mine but the 30mph zone was marked.
If there is no speed restriction signs I didn't think they could prosecute
I would get some professional advice you may not get done at all if its not marked
Old 08 June 2008, 04:51 PM
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Originally Posted by le bomb new age
there is no sign to tell u the speed and its a duel carriageway with no sidewalks for people to walk on so i assumed it was not a 30mph area as like most people would i ask the police dude why there was no signs to tell me it was a 30 and he said it is! and as a driver i should no it was a 30 but as its a duel carriage i would have assumed at least it would be a 40 but like i say there is no signs on the whole strech off road!!!!!
Its a bit late for this now, but did you ask for the calibration certificate for the gun they were using. If they dont have one their gun doesnt count for sh*t. It needs to be calibrated before every day of use, and they are obliged to show you proof of calibration if you ask. Also at the scene you should try and deny anything they ask you(they like to intimidate you into admitting guilt)...as you will never be better off admitting at the scene anyway. Its only in court that you can be looked on favourably by pleading guilty.

I think you really need to speak to a solicitor as they will have a good idea of whats going on, and they will be able to minimise what you recieve in court - I know a guy that was caught doing 60 in a 30 recently and he managed to keep him license(with 11 points on it), because his solicitor said he needed it, because without it he would not be able to work. Also being a first time offender with a clean license will help your case.

Alan
Old 08 June 2008, 04:53 PM
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Originally Posted by rbaz
Maybe not that wild? We don’t know all the facts.

I

excuse my ignorance matey , i live in the highlands i dont know about all this dual carriageway/motorways dropping to 30s etc !!
Old 08 June 2008, 04:57 PM
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Originally Posted by abbott
excuse my ignorance matey , i live in the highlands i dont know about all this dual carriageway/motorways dropping to 30s etc !!
have to watch yourself if you ever venture further south they have managed to f*ck up most of the road system am sure it’s just to catch people out sometimes
Old 08 June 2008, 05:03 PM
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le bomb new age
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i will seek advice but i have 3points already!i was not givin the choice of 3points and a fine!but to me aswell if there is no signs on the rd how can u tell how fast ur ment to go and being a duel carriageway! i drove up and back and there were clearly others speeding when i sat at 30 and checked if i had missed any sign's and there was 100% no sign's on this rd!!!!
Old 08 June 2008, 05:11 PM
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maybe it's a stretch of dual-carriageway between two areas where there is a 30 mph speed limit in each. If that's the case, the dual-carriageway does not need to be marked as a 30 because it is within a 30 area.

Have another look.
Old 08 June 2008, 05:24 PM
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Interesting replies.

And a bit of recent background case history, that may be of interest.

A friend of mine, was done last year for doing 100mph+

he was actually caught twice, so had two offfences pending.

one went to court last week, the other he hasnt heard a thing from (12 months ago)

anyway he pleaded NG to the offence and it went to court last week.


He represented himself, and put his case to the court.


the result.






He placed enough doubt on the video evidence to have the 100+ portion of the offence dropped, and he was found NG of such.

he was however found guilty of a lesser offence of 75mph, (i,m guessing) in a 50 or 60 area.

he copped 3 points and a £60

ive asked him for copies of his defence, it should make good reading


Mart



Mart
Old 08 June 2008, 07:45 PM
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Originally Posted by TerzoAlan
Its a bit late for this now, but did you ask for the calibration certificate for the gun they were using. If they dont have one their gun doesnt count for sh*t. It needs to be calibrated before every day of use, and they are obliged to show you proof of calibration if you ask. Also at the scene you should try and deny anything they ask you(they like to intimidate you into admitting guilt)...as you will never be better off admitting at the scene anyway. Its only in court that you can be looked on favourably by pleading guilty.

I think you really need to speak to a solicitor as they will have a good idea of whats going on, and they will be able to minimise what you recieve in court - I know a guy that was caught doing 60 in a 30 recently and he managed to keep him license(with 11 points on it), because his solicitor said he needed it, because without it he would not be able to work. Also being a first time offender with a clean license will help your case.

Alan

Sorry to say but this is rubbish, they only need a calibration certificate every year. The gun must be calibrated by the officer at the start of the duty and the end (this is at a set distance and in a specific area normally at the station). The only place this needs recording is in the officers statement on the back of their part of the ticket.

This statement would normally be filled out afterwards when the officer is back at the station. By asking the officer at the roadside for a calibrating certificate you are only likely to remind him to put it in his statement, making it water tight.

Some friendly advice ;-)

Matt
Old 08 June 2008, 11:07 PM
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If this isn't a PSL posting I'll eat my soiled pants !!!!!!!!
Old 09 June 2008, 12:30 AM
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I was done recently for 55 in a 30, court case was Fri just gone I'll let you know what happened when the paperwork turns up. Apparently Magistrates have guidelines for people doing 0-10mph over limit, 11-20 & 21-30. Above that you've got a problem!

TX.
Old 09 June 2008, 02:40 AM
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Quote:
"i drove up and back and there were clearly others speeding when i sat at 30 and checked if i had missed any sign's and there was 100% no sign's on this rd!!!!"


Do you mean there are no signs once you are in the 30 limit, or there are no signs to say you are entering a 30 limit?

I can't believe there is nothing to say you are going from a 60 to a 30, as if this was the case the Police wouldn't have a leg to stand on. I suspect you didn't see the initial sign and then there were no further signs, which is quite common as it enables them to catch out more drivers who are unaware of the limit, particularly when the area is not obviously built up.
Old 09 June 2008, 10:34 AM
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le bomb new age
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thanks for all ur views on this matter i will let u no the out come of this in due time i may have to sell my car due to this and buy a 1.1 fiesta plus cos i will get crippled on my insurance!!
Old 09 June 2008, 11:20 AM
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Apparently if there are no signs & street lights it means that you are in a 30 limit. There is no need to sign the limit when there are light posts!

TX.
Old 09 June 2008, 11:36 AM
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Thats true, Just had to do my theory
Old 09 June 2008, 11:53 AM
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Originally Posted by Terminator X
Apparently if there are no signs & street lights it means that you are in a 30 limit. There is no need to sign the limit when there are light posts!

TX.
Yes and no - while there being street lights etc means it is a 30, you still have to have a sign stating the 60 (or derestricted) part of the road has changed to a 30 limit. It cannot just change without any warning or knowledge, and it is irrelevant whether you live there or have never used that road before - the law states it has to be identified (clearly) as a change of speed limit.,

I would hazard a guess that there is a sign there, since no sign would mean you would have no knowledge.

You say it is a dual carriageway - one that must go from 60 to 30 then. In that case, I'm pretty sure they'll be a sign, one on either side of the road. Best just check because if there is not, I'd reckon you have a good case.
Old 09 June 2008, 12:03 PM
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^^ True. There will probably be one (small) sign as you enter the 30 limit

TX.
Old 09 June 2008, 12:26 PM
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Originally Posted by Terminator X
^^ True. There will probably be one (small) sign as you enter the 30 limit

TX.
There must be two terminating signs for it to be legal. Its always worth a check by driving over the route again.
Old 09 June 2008, 12:46 PM
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Get over to PePiPoo: Helping the motorist to get justice for all the real advice!

60 in a 30 is 6 points OR a short ban (typically 28-56 days) and a fine not exceeding £1000 (typically about £200 for those on an average income).

TWO terminal signs are required, but on a restricted road (street lights every 200 yards or less) it MAY not constitute a defence, certainly no repeaters are needed 9or even allowed).

Simon
Old 09 June 2008, 12:49 PM
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I would get hold of a video recorder. Drive the route from the preceeding national limit and take (preferably get a passenger to take ) a video of the nearside. This should prove your case, and be useful just in case some signs appear between now and your court date

If there are no 30 signs then you are in the clear.

Just becaiuse others are speeding does not mean that there are not signs.

I thought councils were not allowed to erect repeater signs within a 30 zone because it clutters up the environment (hence painting on the road). That was OK in the days when built up areas were the only ones that were 30. Now that we have 30 limit dual carriageways in the countryside it doesn't make sense

The genuine missing of a single sign, easy on roads with lots of HGV's, should not result in such draconian punishment.

Good luck.
Old 09 June 2008, 01:41 PM
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Dodgy types might remove the entry sign(s) then take a video ...

TX.
Old 09 June 2008, 01:42 PM
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If you've been driving less than 2 years, you'll have to retake your test if you tot up 6 points. . . .
Old 09 June 2008, 03:26 PM
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na been driving for a while now and am like 26 and i have 3points already tho so if i get 6 more that will be 9 and al keep my licence but no good for insurance purposes tho


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