Speeding advice please
 

6 points already, just been tugged for 110.... guess Im looking at a ban and fine?

Situation : 3am, dry (M1 near Leceister) been travelling at 90 for miles on cruise control when I notice car behind, considered it might be police but as it was there for sometime with no action so decided it wasn't....came to overtake someone and stupidly decided to test my cars acceleration ( why didnt I just cruise by ... Doh boredom I guess) anyway hit 110 for a few seconds then instant blue flashing lights....Severley gutted!

Question
1. any one have any experience of magistrates in this area
2. how much fine
3. how much ban
4. is it worth getting legal representation or just admit guilt by post.
5. is it poss to review video evidence
6.:(

Please feel free to take the **** to lift my mood....

The exact same thing happened to me about 18 months ago, almost word for word.

I was on 6 points.

I had been doing 90 with an unmarked car following me, but he was too close for my liking, so I decided to pull away a bit and then carry on my merry way.

Anyway this car just stuck to my ass - too close I thought to be a copper and then I was pulled for 112mph - I have no idea why I did it either as I normally slow right down and force em to overtake.

Anyway - I got away with it! I waited for weeks and weeks, but nothing ever arrived.

Unfortunately for me, I then got snapped by the same camera 2 days running which landed me on 12 points. Luckily had a good lawyer via the union and they stuck me on 12 points, with no ban & £500 fine.

Good luck :(

[Edited on 23-2-2006 by domski]

Thx Dseered,
Domski... me too but not for speeding thou.... I have suddenley got religous and pray to the big red ducati in the sky for that result evry nite:saint:

Now, if you were an imigrant with no insurance in a stolen car and killed someone, you'd be out in 6 weeks.

Something aint quite right is it!?!?!

:flame:

SPEED KILLS!!!! OFF WITH HIS HEAD!!! HANGINGS TOO GOOD FOR EM!!!!

© Daily Mail

Dom, if they stop you i think they have up to six months to serve the NIP. Something like that anyhow!

2 weeks it is ;)



...unless thats just gatsos?

[Edited on 23-2-2006 by domski]

I thought that if they stopped you and cautioned you then it was six months, if they don't stop you (gatso etc) then it is the 14 days thing.

Now if you were cynical you would wonder why they did not pull you at 90mph ... either good guys or they know it would be 3 points and £60 .... over 97mph automatic court appearance :mad:

Get a good lawyer and throw yourself on the mercy of the court. Try to explain the circumstances, don't try to defend what you did ... there is no defence. Expect to pay £450 to £700 for a good lawyer.

You need to consider which outcome you'd like, a short ban or go for points and fine. One consideration would be your insurance in the future.

I was prosecuted for doing 128mph, result was 6 points and £220 fine plus costs. When I told my insurance there was no effect at all. I asked what would have it cost me if I had recieved a short ban, say ... 21 days .... result, no insurance, will not insure banned riders :o

Back ground info :

Started with a clean license and claimed that it was a momentary slip of concentration and that I doubted I ever exceeded 95mph.

All the best mate

Yea, the one that stopped me claimed he cautioned me at the time which he did not .... he then used everything I'd said at the time against me in court :mad:

Really strange how many of the details changed when we were in court. OK, I stretched the max speed I was doing, the cop lied about cautioning me, traffic conditions, he also claimed he said he was going to summons me at the time (which he did not) but this served as a Notice of Intent to Prosecute.

Have a feeling the court knew he was not being 100% straight, but, they could not get away from the fact I was speeding. I do feel that this went in my favor and why I got points rather than a ban.

were you north or south of Leicester on the M1 ie which Force ?
Any Officers details?
Did they verbally NIP you at the scene, were you interviewed in a little book?
Is it on video and did they show you it?
was it on a time and distance screen in the car?



[Edited on 23-2-2006 by andyb]

[Edited on 23-2-2006 by andyb]

Meant to add. Your Fine will be based on means assesment and your abillity to pay. They will send you a means form to complete prior to attending court.

My advice is to ignore it and complete one at the court, this way they have no time to check what you put on the form and will not be able to ask you for copy pay slips etc. Be sensible on the form, but, don't leave your self too much disposable income. May help in keeping the fine low.

I was honest on mine, I had minus £1.10 a week from my wages :lol:

Still got a £500 fine though :(

I was done for 110 on the A13. Got 6 points and £280 fine.
Went to magistrates court, very smart and basically held my hands up, I had a superb letter from work, explaining that I needed to drive. I told the court that I was sorry and why should my family suffer for my stupidity. Had a clean licence previous, which all helped.

It did slow me down though. You have to keep it under a ton and be vigilant.

How long do points stay on your licence for?

4 years.

Although I think that they only count for 3????

31 Points!
 

Track this guy down. He represented himself and was not banned!

http://www.sky.com/skynews/article/0...504499,00.html

You are not too far from the truth there, this is unbelievable and the incident happened a couple of minutes from where I live.
http://www.mirror.co.uk/news/tm_obje...name_page.html

Its especially sad if after reading the article you then hear that Michael Ryan the young girls grandfather quoted in the article had a heart attack and died the same day as he was interviewed just after the sentencing. He was only 45 years old.

[Edited on 24-2-2006 by MARTIN H]

[Edited on 24-2-2006 by MARTIN H]

I got a 7 day ban for 106 in a 60 limit on the A32 3 years ago. caught on laser. NIP at the roadside.

Letter from work helped a lot, said i couldn't work without a licence, joke is i got no points and a £300 fine, the 7 Day ban was because i had a broken arm (from a spill at Cadwell, but didnt mention that) and I was in a plastercast for another 7 days!?!?! dont think there is any rule for this, they just make it up.

real joke is you have no idea of knowing what you'll get until the day itself.

good luck fella.

Nice to know that when I'm out and about with my kids that there are people driving around 'safely' on A roads at over 100mph, no doubt fully trained and confident in their abilities to handle an unexpected event at those speeds. :devil:

[Edited on 24-2-2006 by philthy]

I too was on six points and got followed by a plain car, raced it for about 3 miles until there was 5 cars and 400 yards between us, then the blue lights in the grill problem.

Represented myself, got 6 additional points and a £500 fine, but no ban.....long story. You can get away with more points and a fine and no ban, there are plenty of truck drivers on 25+ points, you just need to play the game in court, there is lots of good info on the internet about your day in court, but it can be done, good luck!

Thanks for all the good advice .... will let you know the outcome..

were you north or south of Leicester on the M1 ie which Force ?
Any Officers details?
Did they verbally NIP you at the scene, were you interviewed in a little book?
Is it on video and did they show you it?
was it on a time and distance screen in the car?

North near Ratby,
Officers name on Producer
Whats a verbal NIP ? He just said "will probably get summons " dont know if im reading anything into his words there
Dont know if its on vid,,, as it was a different car that pulled me and I didn't get offered chance to view evidence...

[Edited on 23-2-2006 by andyb]

[Edited on 23-2-2006 by andyb] [/quote]

A mate was in court for speeding and they tried to ban him and give him points. The solicitor pointed out that the court can only do points or ban but not both for the same offence.

He ended up with 21 days ban and a clean license afterwards ... problem was that he could not then get insurance on his Lotus. After 3 refusals for insurance he lied about the ban and did not disclose it. He got insurance and prayed for the next 3 years that he did not have an accident :o

This is why I think points are better than a ban, at least you can still get insurance with 6 points on your license.

In my experience....

Forking out for a big-wig solicitor is a waste of time and money (sorry those here in the legal profession)...

In some cases it makes you look arrogant and aloof.

Only time I would now consider one was if there was any reason that the officer's evidence against me came into serious question......(i.e. Dodgy road signage, way they "tracked" your speed Vs APCO guidelines etc, wrongly recorded details, untrue police statements etc, etc). In those cases an experienced criminal law solicitor knows the jargon and technicalities better than you. But to pay someone £700 to do a half-cocked grovelling job on your behalf (which is all it will be if you have nothing against the officer's evidence legally) is pointless. No one can express the predicament a ban etc will put you in better than yourself.

You can request copies of any evidence they have on you so that you can formulate your own plan before even involving a solicitor. It's only a case of polite letter writing to the CPS...why pay a solicitor £200 per letter to do this for you when you can do it yourself.

I have been there twice and have obtained every bit of evidence against me before making a plea so that i could then make the correct decisions for my own situatoin.

Pepipoo is a god-send so use it. I got most of my info from there as how to request details from the CPS.

Mail me if you want any info.

With all that in mind, you're on dodgy ground at over 100mph (unless you're name's Alex Ferguson or Dwight Yorke......he says cynically). First thing to do is send away for a new licence (say you lost your old one - costs you £20) so that if you have any convictions that have expired, they are cleared from your licence before you go to court. No point going to all the extent of raising a defence if your record resembles that of Al Capone and is documented in print.

[Edited on 25-2-2006 by Guido]

Guido
Goods tips mate...

Was thinking about saving my cash on legal representation,and put it towards a heafty fine instead...

Thx

Happened to me a few years back on the M1 in the same area. Was giving it large in a big company VW, got up to 130 at one point and was then pulled by a jam sarnie that had sat well back out of sight and clocked me. At the time they said I'd been doing 120 and driving "aggressively" ie trying to get on while people were doing 60 in the outside lane.

When the summons came through they had put it in at 100mph (I guess assuming it was an immediate ban) and not bothered with the aggressive bit. If you plead guilty and go to court the prosecution can only read out what is on the summons but you can say what you like in your defense.

Went to magistrates court, took my then wife with young baby and made her sit in the back of the court sobbing a bit. Explained that I wasn't a nutter and would lose my job if I lost my licence. Ended up with 6 points and as I recall £400 fine.

My advice, DONT go the lawyer route based on what you've said, you're bang to rights and the magistrates are fed up with smart arses trying to get off by looking for loopholes. Unless as Guido has said there was something dodgy about what they did to nick you. To be honest blatting away from a car thats been tailing you for a while is not really to be recommended, like as not if you'd backed off a bit instead they'd have left you alone. I know we get a jaded view of the old plod but some of them are almost human and won't always nick you for speeding a bit over the limit unless you are driving a bit daft as well :-).

Good luck with it !!!

I wont tell you all what I do for a living (work it out for yourselves) but I have seen people at court arrive week in and week out, lie and lie and get away with it. And then I have seen people arrive for the first time, be honest and get burned for it.
If you have got the balls to do it you arrive at court and fill out the means form. Dont get a solicitor as they will not support this, I would say that you have no savings and have just lost your job and will be registering with social security unless you can find a new job soon. Offer to pay at £5 a fortnight and then when you get the fine pay it off asap. I took a bloke to court once just to give you an example. He had a good job and no previous. He was shaking with fear as he went before the Magistrates. In his desperate position he blerted out that he didnt want to go to prison and had savings. How much savings they asked, about 4 grand was his reply. Thankyou we will take that. And they did take the lot. Then you get the scumbags who arrive with £200 in their property and say they have no money. The bench gives them a rubbish fine as a reward for playing the system.
The system is against the honest working people and is for the scumbags. And I am part of the system.
Be warned if you do lie it is perverting the course of justice which changes your situation somewhat but then I have seen camera partnerships lie and be damn right obstructive and no one prosecutes them.
Dont get me wrong if I speed and am caught then I think fair enough. But I would like to think it I would be treated fair at court and at present I would not.
As for previous posts. 14 days notice only applies to fixed cameras and mobile cameras where they dont stop you at the roadside. If you are stopped at the roadside they have 6 months as they are reporting you for the offence to the courts and are notifying you there and then of intended prosecution. They also have to caution you as part of it.
My view about cameras is that put in 30mph and 40mph built up zones is good, they are set up at about 40-42mph or 50-52mph so any one caught deserves that. However I dont like them put up on national speed limit sites as this is usually where they are bending the rules to suite themselves. By this I mean the where the government says they can only put these things up where there have been x amount of accidents over a x period. The accident spots are usually miles away from the camera sight and are no use to stopping accidents on that given road because that is not where all the action is.

Good luck with it!:cool:

PS I have never known a court to check a means form.:cool:

I think youll find its the policy of all ASU offices connected with Road Policing units to issue a 14 day NIP regardless of whether it was done/said at the road side or not!:pig:

Point 1 - Don't know if it's a case of big balls you need or not. I just returned all forms when asked to, apart from the means test part. After I was found guilty they looked for a means form and could not find one, so, they asked me to fill one in as I stood in the court.

Point 2 - When I was stopped I was told that I would be reported for the speeding offence. They never cautioned me at all ... 100% genuine on that fact ... yet when the summons came through with the police statement it said that he had cautioned me and then quoted everything I said as evidence against me. I questioned this in court and the court sided with the police. :(

Only smile I had all day was when they gave me the fine (and tagged on £120 prosecution costs) they asked me if I was able to pay in 28 days ..... I did a "sting" and just asked if they preferred switch or cheque as I took my wallet out :cool:

Tortuga, I hear what your saying about the means test....however my previous offence resulted in 6 points 150 fine and that was for reported 105 on the M3.....and I was honest about my means...must just be a pauper !

Read the article in todays MCN on Gatso`s etc etc etc.................very interesting!

What? an article in MCn about speeding?????? cant believeit is it true????

Cant they write about anythin else?? FFS

Just read it Andy, its about a clever lawer!

Is there any other sort?:P apart from an even richer clever lawyer!

:lol::lol::lol::lol::lol::D

Hey 748S. Magistrates are not consistent I am afraid. ( IF ANYONE IS A MAGISTRATE ON HERE SORRY) but I think they are a waist of time. A circuit judge is not only qualified to do what they do but they tend to punish the people that deserve it. They also get through about double the work load in the same time than Magistrates do and at the end of day its the tax payers ( You and me) that pay for it. Your result is a good one but I can bet that 4 cases after you, an identicle case in every single detail will result in a completly different result for someone and thats not right. I have never been done for speeding so this is not a rant against the establishment for that reason. It is just 10 years of observations. It is a an offence not to fill out a means form but as I pointed out I have never seen a court phone up any one to check the details. I would also say that a circuit Judge does not stand for all the nonsence that Magistrates dont understand like time deadlines and hearsay evidence which can sometimes be presented. If you can find a lawyer who specialises in road traffic offences then good but he will make you be honest with the means test and will want his payment if you are employed. I cant see a valid argument for your case so do what you think is best with the means form and say what you have posted on here with lots of sorrys.

Almost 6mths
 

how chuffed am I fingers crossed looks like I got away with it.