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Old 07-Jul-2004, 11:27
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fatduke11111 fatduke11111 is offline
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Speeding..

I've just been handed another notice for speeding..(g1ts)... but on this one it doesn't say how fast I was going.
On the one I had previously it said 48mph in a 40 limit.

This one just says 'an alledged offence of EXCESS SPEED (30 mph restricted road) on xxxx at xxxx'...

Now any ideas here? Is this bad i.e. is it so bad that I was double the speed limit? Or does it mean they don't have a clue? or cant be arsed.....

Any thoughts?

Paul

[Edited on 7-7-2004 by fatduke11111]
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Old 07-Jul-2004, 13:26
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DSC Member Jools Jools is offline
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No legal eagle here, but I would have thought they've got to give you the details...otherwise we could all have the old bill round saying "I'm arresting you on suspiscion of....ooooh, haven't quite made my mind up on what you've done exactly"

Sounds to me if they've no idea how fast you were going, you don't have a problem.
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Old 07-Jul-2004, 13:47
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Twinfan Twinfan is offline
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I think if they haven't got the exact speed, two coppers can give their 'expert' opinion that you were exceeding the posted limit. One alone can't do it. I'd be asking for full details of their case (time, date, officers involved etc) and decide whether it's worth contesting.

Could be worth calling one of those bike lawyers? Is it Dalton White (or something) that are the experts on stuff like this?
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Old 07-Jul-2004, 13:59
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rockhopper rockhopper is offline
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I though one on his own was enough.
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Old 07-Jul-2004, 14:14
mike916 mike916 is offline
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Mate of mine was stopped last weekend by a copper on a bike who spotted hime going a bit quick in the opposite direction.

The cop on the bike turned round and went after him, me mate by then had slowed down to the limit, and stopped him saying I've been doing this job long enough to know you were doing well over 40 (the speed Limit) and then went through the bike and ended up giving a defect rectification thingy for both Termis and numberplate

The point being one copper on his own on a bike going the other way didnt go for the speeding line. perhaps he could'nt - he was on his own
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Old 07-Jul-2004, 18:05
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DSC Member Paul James Paul James is offline
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Can't really believe that "one copper going the other way" can give you a nick cos he reckoned you were over the limit with nothing tangible to back it up. Not even in this speed paranoid country !!
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Old 07-Jul-2004, 18:06
Desmondo Desmondo is offline
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AFAIK the "must be two coppers" thing is a bit of an urban myth. It might carry more weight in court if there's two, but I'm sure one is enough.
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Old 07-Jul-2004, 18:41
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My understanding is two oficers are necessary North of the border in Scotland.

As you haven't been given an actual speed, I would have said you haven't actually committed an offence in the eyes of the law. Usually any NIP documentation cites the exact offence you have committed (i.e. 46mph in a 30mph limit etc, etc).

My advice would be wait for 'RUSHJOB' (member of this board/club) to come along and give his expert opinion on this, don't sign (or return) anything on the paperwork until you have sought expert advice and visit www.pepipoo.com.

Sounds a strange one....

Guido
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Old 07-Jul-2004, 18:45
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Ian Ian is offline
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desmondo is right, - if the police are certain they can take you to court, it wil be your word against theirs but who will a judge believe? the Policeman as he is an expert.
Paul do I read it right that you were given this notice but not at the scene, - was it posted to you? If it was, ask for a photo or description of the rider as a friend of yours has been borrowing your bike from time to time. If you were there when they gave you the notice, is the speed not there as their equipment was not working correctly? Or perhaps there was a lot of traffic around making it imposible to be precise, - there cannot be anything in their field of view if they are using a stop watch to asses speed.
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Old 07-Jul-2004, 19:28
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Desmondo is correct ( almost )
It it NOT an urban myth........
For you to be successfully reported for speeding in England & Wales, it requires one Police Officer to form the opinion that you are exceeding the prescribed limit.
This expert opinion then must be backed up by some form of corroboration - another cop stood there saying " I agree! " is enough although these days it is more than likely to be a laser, vascar, truvelo, muniquip or a good old speedo providing the corroboration.
But the good old two person rule is still enforceable and does get used occasionally.
As for the NIP...
There is NO requirement for the exact speed to be mentioned, merely the details that are listed.
From what you have said, it would appear to be a valid NIP.
The more detailed bits will be forwarded to the driver committing the offence once they have been identified ( by the Section 172 Notice requiring the keeper to identify the driver which is sent along with the NIP being filled out & returned...) usually as a conditional offer of a fixed penalty notice, or as a summons if you were going for it.

FD - if you need any more help,drop meaU2U
Andy
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