Hi there, I have today (30 Jan) received an NIP which is dated 28/01/2013, for an offence of excess speed (38MPH in a 30MPH zone) alleged to have taken place at 09.01 on 27/11/2012. Obviously the NIP is dated, and has been received, long after the 14-day limit. However, my driving licence has - until today - been registered at a previous address. I have just updated the DVLA with my new address, however, I still own the property at the previously registered address, which is unoccupied. I visited the property in late December 2012 and checked the post that had been received. There was nothing from the police. So, my question is, how do the police prove that they sent the notice to the previously registered address, and, how did they get my new address?! Should I just send the NIP back stating time-expired? Thank you,
I have received a NIP letter from x Police advising that I have been pictured by a mobile police camera exceeding a speed limit.
I was hoping to be able to challenge this, as I don't think that the 30mph sign is of the required 'quality' (pictures attached). I understand that a full red circle is necessary around the 30 sign, which clearly it is not. I would have pursued this immediately but I am a bit hesitant due to the other 30 sign (on the right hand side of the sliproad, pictured) is intact...
I don't want to aggravate the police by questioning this with them, as if it is not a valid defence then I am hoping to be considered for the speed awareness course rather than taking the penalty points.
I would really appreciate it if you could examine the attached photos and let me know if it is worth the risk.
I was doing 37mph as the summons stated but I feel it was unfair because of the reason stated below:
I came from home and traveled along the x
I was driving my partners car at the time and was on route to take the dog for a walk. The car needed fuel and I did a detour and turned right to travel on the road toward x for petrol.
I had only approx half a mile to travel to the garage. I bought fuel and oil at the garage for which I have the receipt which has the time on it. From the garage I traveled back along the same road as I came along x and this is where I noticed the camera flash. I said to my partner that as the flash had gone off I was doing no more than 40mph and why did the flash go off? On the return journey from taking the dog for her walk I deliberately went back along the route and this is my mitigation.
From the place I turned onto the x to the garage and back, there are NO speed limit signs. The camera warning signs have no limit warnings on them. The last speed limit I had seen was 40mph and so I was led to believe that the limit in that area is 40mph and I was in fact doing less than that.
I feel that this is deceptive and confusing, shouldn't there be some sort of speed limit sign every so often? Or a speed limit notice on the camera warning sign?
Alleged Offence: Speeding
Your road traffic offence question: On x, I was driving along Newcraig Road near Motherwell which is a part dual carriageway through wasteland heading towards some new build housing developments. On the stretch of road that is dual carriageway, I was caught by traffic police speed gun doing 46mph. There are no signs advising of the speed limit and I genuinely assumed that the limit was 50mph. I saw the police and didnt attempt to slow as I was certain I was within the limit. When pulled over I was advised that it was a 30mph limit as it was a built up area. This is not the case and there road I was on is well away from the new build development. I pleaded my innocence stating that there were no signs and the police officer agreed that there were no signs but as I had come from a 30mph limit on the previous road I should 'assume that the limit had not changed'. Having looked up the road on the internet, it appears that the police are preying on sunsuspecting motorists unaware of the speed limit. If it was a genuine concern, why are there no signs up? Can you let me know if you think I have a case to argue or if I should accept the fine and 3 penalty points.
Prior to and at the time of the alleged offence, I had been following a red Peugeot car along the A417 for more than 3 miles, while maintaining a distance of several car lengths. This distance between my car and the Peugeot was consistent when the speed limit was both 40mph and 30mph, and at no time did I attempt to overtake the car in front, nor close the gap between us.
I mention the above, because when I asked the police officer why I had been stopped and not the red Peugeot which I had been following, he informed me that the Peugeotâ€™s speed was recorded as 32mph, while my carâ€™s speed was recorded as 43mph. Given that the distance between my car and the Peugeot in front had not decreased, this is clearly impossible, and the only possible explanation for the differing speed recordings is either that the equipment was malfunctioning at the time, or it was incorrectly used.
As myself being an electronic engineer, I strongly suspect the former may be the case.
I have been driving for 20 years, and have never been warned, let alone convicted of any motoring offence and am a careful and considerate driver. I hold a clean driving licence, and would like to keep it that way.
Could you help in this case or do you think this case is not strong enough.
Your road traffic offence question: I recently gave permission for my female cousin to use my car. I have fully comprehesive insurance & she (as i believe) holds a full driving license. I have now receieved 2 speeding tickets on the same day she used the vehicle, however, i am left in the sticky situation as she lives in Spain. I have made attempts to contact her, but she has not responded. I am able to give her full name & address. Does any of this help me, because i am currently getting into trouble for something i have not done. i have a clean UK license with no points nor convictions. I would greatly appreciate your advice, thank you.
I have recently been caught speeding by a temporary camera at the side of the road which looked like it was linked to a van.
The ticket has come through and said i was doing 76mph in a 40mph limit.
I was the one driving and i do admit i was speeding. However i dont feel i was going that fast. I have looked online and seen that going that speed it will be a case that goes to court and you can be giving a ban which would be a huge hassle if i was to be banned for serveral reasons.
I have a clean licence and i have never been in trouble with the police.
Is this a case i would be likely to win?
I don't remember seeing the camera flash or indeed travelling quite so excessively over the limit. I would not have reason to speed that fast in a built up residential road and have never done so before! I am therefore in doubt about it.
I really do not want to get points on my license and can't really afford the fine.
The online photograph is from the back of the car and no driver is visible. The online calibration certificate doesn't say it is Home Office approved (GATSO system). I believe that this is just a form of tax on the motorist and am morally against paying it. Whilst I may have been briefly going faster than 30mph, I don't trust their evidence, and to me the photo of my car is meaningless.
Is it possible to successfully contest this? Many thanks for your advice.
I didn't surrender my licence but have since been to the police station and done so.
I was about to pay the Â£60 when I noticed the FPN says the wrong date.
I have read your page about mistakes and the ticket not being evidence but thought I'd still ask as paying the Â£60 for a ticket dated over a year ago just seems wrong.
Had n.i.p and asked for written details on calabrations, photo's and viewed video from the laser vehical gun which I recieved. The correspondance from the police stopped without a summons being given in 2008?
Can they come without warning to your home and ask for conditional monthly payments of increased penalty costs from 2008 or take you into custody without bail? If the police representitive claims letters were sent to me demanding payment or court appearance but I have not recieved, what rights do I have and can my sp30 still be live? Many thanks
I have two angles of attack (defence), these being:
1 proof of detection equipment being used to ACPO guidelines and provision of this evidence IE calibration / tour duty records and proof of start and end of speed recording.
2 To request topographical details of where their measurement started and concluded, because the middle roundabout intersects the distance between their initial sighting and the stopping of my son; I believe I may be able to provide time / speed / distance graphs that may cause doubt as to the accuracy of the aligation, through acceleration and braking requirements to safely pass the middle roundabout.
Further to this my son claims that when stopped, the police officer did not receive a verbal NIP in the first instance and was given the impression that he would receive only a warning. Because of this he admitted to speeding when presented with their statement of the alleged speed; they apparently changed their mind prior to concluding their encounter.
one for x/10 the other the next day x/10, both in the same location, one at 7.56 one day the other at 8.02 the next, both by a portable speed camera, both letters state i was doing exactly 60 in a 50, both letters have a s172 enclosed, also they both have a leaflet explaining a speed awareness course might be aplicable, im not sure how this will work considering both the fines etc, on both occasions i did not visably see a camera van etc.
just seeking advice whether to fill out the s172's for both fines and see what happens, or if there is something i can do??
I was in touch with you last year regarding a Speeding Offence where I was uncertain if the speed in question (68 in 50mph) would generate a court summons or not. Thankfully as you advised it didn't.
I currently have 3 points on my license.
I recently received a NIP for exceeding a 30mph (Attended) at allegedly 40mph. This was a local road where during a 2 week period mobile enforcement vans were located. Drivers travelling between 35-39mph were given the opportunity to accept roadside education, anyone travelling at 40mph or above were issued with Fixed Penalty Notices.
I don't recall seeing the vehicle so am uncertain of its exact location, however I was approaching a right turning and slowing down. I accept my speed was still above 30mph, probably in the range of 36-38mph which according to the newspaper cutting (copy enclosed) would then have suggested I should have received the roadside education.
I have completed the NIP with my details and sent a letter arguing pretty much the above scenario. I received a response (scanned copy attached) which acknowledges my comments but suggests the speed recording was accurate & if I wish to challenge this then it will be dealt with through a Court Hearing. Alternatively if I am eligible I may get a Speed Awareness Course - given that I did one in June 2009, I suspect I won't be offered another one so soon so the only other option is the Conditional Offer of 3 points and the Â£60 fine.
I am keen where possible to avoid totting up any additional points - I guess this would suggest I need to slow down when driving!
Given that the difference between driving at 39mph and getting roadside education as opposed to driving at 40mph and being issued with a NIP is so marginal coupled with my belief that I would probably be on the cusp here, I'm wondering whether I should go to Court.
Clearly before I consider opting for a Court Hearing I'd like to understand the consequences and costs if:
a) the Police can accurately prove I was driving at 40mph or
b) if there is scope to argue/reading suggests I may be doing 39mph
Also presumably by going to court I would need to appoint a lawyer/solicitor to represent me & would also incur such costs as well.
Could you perhaps clarify the above situation for me & whether you feel I have sufficient grounds to pursue this or not?
On the day of the alleged offence, i have racked my brain to try and remember how this may have happened?, at first i though that perhaps my speedo may be at fault as it is electronic and shows only a digital readout (numbers only,no conventional needle).The reason i say that i wonder if the speedo was at fault is because i observe the speed limits everywhere i go and the most i have ever observed my speedo registering is 32 in a 30 MPH zone. Thinking back to this day in question, it was during the extreme cold snap and i remember putting on some boots to avoid slipping over on the ice outside my home. Close to the area where the speed happened, i remember my boot became momentarily jammed between the accelerator and brake pedal causing the engine to rev abruptly?. I did not look at the speedo at that time as i was more concerned at keeping my eyes on the road and getting my foot dislodged. I mangaged to dislodge my foot and the engine returned to normal revs.Further down and off the main road, i stopped somewhere safe and changed my footwear. I can only think that this was the cause of me momentarily exceeding the speed limit?. I honestly hand on heart am not looking for excuses, i obviously did commit the offence but i did not do it knowingly as i have to much to lose and nothing to gain form breaking the law. Any advice you can give would be gratefully recieved. Do you know how i would stand with motabiliy as well on this occassion?. Thank you.
Driver Education offerred and accepted, attended on x 2010 but was evicted from class for asking awkward questions.
Immediately visited Leicestershire Police HQ atx seeking audience with Chief Constable to seek advice and enlighten 'system' of my situation.
Was told on telephone I would hear from relevant depatment - heard nothing.
On x 2010 I received not only summons but also notices of fine of Â£x issued in my abscence and penalty points.
Same day I also received notice of arrest warrant for non payment etc and also Final Notice from DVLC to send in my driver licence etc for points.
Have written to sourt exp[laining only recevied on x can they please set aside, especially as I elected Driver Workshop and had paid for it.
Response is no can do, must appeal to Crown Court for set aside etc.... since out of 21 day allowed for appeal even though all of this was effected without my knowledge - have no understanding why no notices or postage were received untill x nor why they all arrived on same day date.
Am I able to obtain legal aid or green form advice as to how to proceed?
I am 60 yeras old, disablied and on state benefit with no savings or capital, in rented accomodation.
Thanks in anticipation
After phoning I was advised to email you with an outline of my speeding offence for you to advise me if it is worth fighting.
I have received a summons dated x to appear in court on the x
Date of offence x Time 11pm
I was dashing back to work for an emergency (explained this to the officer that stopped me, his reply â€œnow have you got a legitimate excuse for speedingâ€)
I entered a village called x which is a 30mph zone
I slowed my seed to what I believed to be less than 40mph according to my speedo
Probably halfway through the village a mile or so I saw the blue lights of an unmarked police vehicle
I stopped and was asked to get into the back of the police vehicle
The police vehicle was being driven by a single uniformed officer and had no visible video equipment
The officer asked me why I was speeding I replied that I had slowed down as I entered the village, but may not have denied that I was not speeding
After not accepting my excuse that I was trying to get back to work for an emergency (a computer server rooms generator had not started during a power cut and the systems were in a critical state) 100 mile trip and I was 3 miles from the office
I was severed with an ANPA and at the time in the dark did not notice the officer had written â€œexcess speed not less than 40mphâ€ on the ticket and surrendered my driving licence
A few weeks later when a fixed penalty notice came though I contacted the police station and told them I disputed the alleged speed and could they provide evidence
They returned my licence a few days later
I had heard nothing from the police or court until the summons
Officers Statement attached to summons:
Date, time, and vehicle details
In my opinion the speed of the vehicle was in excess of the 30 mph speed limit for that class of vehicle for that road
I followed the vehicle for Â½ mile. The police vehicle remained a constant distance to its rear. I checked the speedometer in the police vehicle and found the speed of the x to be not less than 40 mph
I caused the vehicle to stop
Details of driver (me)
I informed the driver of the offence(s) and cautioned him. I told him that the facts would be reported. (Verbal NOIP) He made no reply
The vehicle was not displaying â€œLâ€ plates and the driver was not supervised by a qualified driver.(what relevance does this have as I have a full current licence he saw)
The conversation with x was recorded within the police vehicle and can be produced if required (He never told me he was recording our conversation)
Based on the above and my belief that an officer on his own needed video or speed gun evidence to convict a speeding motorist, but more importantly if my speed was below 40 mph I could attend a reduce speed cause rather than having points on my licence, do I have grounds for fighting the conviction?
How much are the costs to hire your services and are they recoverable if found not guilty?
Sorry for the epic.
There is a sign approaching the camera about 50yds on one side of the road, but not one on the side on which I was driving.
I remember or heard from somewhere that such a warning sign formed part of the regulation of GATSO cameras. For the record, I was 7mph over the 30mph limit.
Thanking you in advance.
what would be my "unofficial" ways of getting away with it?Should I just let go or keep fighting?
Your road traffic offence question: I have received a NIP for doing 38mph past a fixed camera in a 30mph zone.
I don't dispute the speed or any of the details.
However, I tripped the camera after passing through a set of traffic lights. As I went through the lights, I saw a police car approaching at speed to my right with lights flashing. I accelerated to move out of his way.
Is there much point in arguing this in mitigation? I have no points currently.
Your road traffic offence question: I recently received an excess speed at x mph in a 70 mph from Sussex Police. I contested this alleged offence by letter requesting evidence i.e. photographs and calibration certificate. They came back with photographic evidence but no calibration certificate. They have stated that no further disclosure will furnished unless prosecution is taken. Sussex police have indicated that the speed devices are calibrated annually by the equipment manufacturer or their approved agent. They have said that the agents are all fully trained ( i don't dispute this) and calibration certificates will be available at court should you wish to view them. I donâ€™t understand why they cannot provide an additional photocopy of an in date calibration certificate. I don't have any confidence in government agencies and sub-agents and therefore i won't accept my alleged offense and wish to challenge this rather than becoming another statistic! what do you think i should do?
Your road traffic offence question: My car is in my partners name. I have received 2 speeding offenses via the post both in my partners name. i have driven this way to work for the past 2 weeks, so there maybe more!!,
I already have 12 points on my license. so im on for a ban if i admit liability.
I have parents who live abroad, could i say they was driving and send the offence back claiming my father was driving.... with there x address?
the offence was on the mx at xam on average speed cameras.
or could i plea i was kepping up with the flow of traffic?
Your road traffic offence question: The Police want my daughters E mail address,it is held on my Buisness computor - She lives in x (abroad) and was driving the car on a recent visit, am I breaking any laws in giving it.ie data protection ??
I have been driving for 30 years, and currently do 30k miles a year in my job as a x.
I was stopped for speeding yesterday, in x and given a fixed penalty notice (Â£60 and 3 points)
I was surprised to get pulled over and even more surprised to hear I had been speeding.
It was alleged that I was travelling at 56mph in a 40mph zone
1)The police vehicle was parked in a drive with the front end blocking the pavement, so the first question is this legal and is it grounds for dismissal.
2) The policemen used a radar/laser gun, which gave a readout of the speed, distance, date and time.
do they not need more evidence, video, another policeman etc for a conviction.
I asked if he had video footage, and said something vague, like the camera was pointing in that direction, but have not checked it
3) The distance given was 224m, is this outside the guidelines
4) I was travelling with a passenger, who did not feel we were exceeding the speed limit, and at the time was checking out his new phone which has sat nav which gives a speed. Could this be used for my defence and is it likely to be effective
5) The form that the officer filled in, and which I signed, had a few omissions, is there an argument for non completion of the form (it was only a tick box for passengers)
6) I believe the ACPO code of practice, 10.2 states the Radar device must not be used in the vehicle (which the officer did) - is this correct
Finally what are my options
7) How reliable are hand held radar/laser, as when I went to Ilkeston Police station to ask questions, they did mention there has been issues!
I have attached a document showing the location of the speed trap
Your road traffic offence question: I think I got flashed by a Gatso the other day. I am positive i was doing no more than 35mph in a 30. I had 2 passengers who can confirm I was not speeding. This camera is just round from my house so I am well aware of it's location.
I also had a space saver spare on could this effect the speed?
How long does it take to find out if you have been caught. Surely they allow for discrepencies in speedometers.
I have to admit i did not see a sign indicating the speed was 50mph and since i have only had my licence for 1yr and i am extremely anxious about the 3 points and the Â£60 fine they are issuing me with.
I do keep to the speed limit and i dont understand why i havent seen this sign or why my tom tom did not instruct me as to the speed. I have just been in the process of gradually moving myself and my family from bradford to sheffield and so i have had to get used to travelling on the motorway and thought i had managed okay.
I have a child with special needs and being able to drive is a necessity for us, and so many points will affect
Your road traffic offence question: i recently got a letter through saying i was doing 54 in a 40, i pass this camera everyday and was certain i hadnt been, ive received pictures from NESCAMP and looked at the calibration certificate, my question is.. How do i know if the certificate is valid?
Your road traffic offence question: I recieved an NIP alleging that my vehicle was speeding through roadworks which are controlled by average speed cameras SVDD, it gives the distance 2.3 kms using 2 cameras yet my vehicle travelled 6 kms and passed 5 of these cameras one of which was on the exit slip road my vehicle would have taken, but was not one of the cameras used, all the signage indicates that the whole distance is controlled by these cameras,Yet my vehicle was measured for just over a third the distance, I have aquired the photo evidence which only shows a pair of headlights and a number plate as it was night time when the picture was taken, you cant make out a car let alone anyone driving it. I am fairly sure I wasn't driving at the time which is why I asked for the photo hoping to see who was driving, and I am at this point trying to find out. Have I a case that because my vehicle wasn't measured for the whole distance it travelled as suggested by the signs and amount of cameras in use. who's to say that whoever was driving might have reduced their speed and complied with the average speed in the controlled area.
In a 30mph zone where street lighting is being used to indicate a restricted road is their any law to say how close to the road the lighting must be, in the road where I was caught the street lamps are 5.2 metres high, one off the lights is over a foot path and is 7.6 metres away the the side of the road also the light shines directly down on to the foot path not angled to light the road-way like some of the others are. the road traffic act mentions height and distance apart but no mention of distance from the kerb.
Also they are using two different types of lamp post, some are concrete and some are steel painted green they also have two different types of light on top some are at an angle and others point straight down which makes the whole road quite confusing as you are not sure what each light is illuminating, the road or the foot path, can they mix styles of lamp posts like this?
Your road traffic offence question: I am 69 years old retired x,have been driving for over 40 years and lived in x for 35 years.Never been charged for speeding.
I was driving my son' car on x in x. This is x Road,with two fast lanes on each side and speed limit is 40 miles entering from x Road end.I have travelled on this road hundreds of times.
The speed reduces to 30 mph after 2 to 3 miles when we reach a school. I am aware of all these conditions.
On x I was driving my son's x. It was a bright sunny day. Schools were closed due to Summer Vacations and at 13.16 hours there was not a single vehicle or human in the front or behind my car on this vast wide road .
As I am fully aware about the speed limits on this road I was certainly NOT SPEEDING AT 36 MPG as alleged.
I do not drive over 60 mpg even on motorways when I take my normal 14 year old x to visit my son in x.
I am very upset to be treated this way.I am a heart patient,had a bi-pass operation some years ago I want to plead not guilty and go to prison if necessary.
In mitigation, I was taking my 13 year old daughter to the hospital with suspected broken ankle (I have proof). She was in considerable pain and making quite a commotion in the car as a result. This took my attention away for a second and I was clocked 7 seconds after leaving my drive and proceeding up the road as a result.
To add to this, I was driving my wife's new car that I am unfamiliar with - a large volvo estate - and 37mph in that thing feels like 20mph to the unitiated. I need my license for my job - self employed handy man.
Question: will my excuse be likely to gain the sympathy of the judge, or am I wasting his and my time by aguing my case hoping to be let off with a warning?
Your road traffic offence question: Today I was caught by a Police officer leaving a 40mph zone (I thought I was in the National limit, and was overtaking), doing 71mph. His speed gun had a calibration label, I was cautioned and told that there would be a NIP. I have no points on my licence, am and advanced driver, and have been active as a road safety officer then in the military. It was a genuine mistake. I am concerned that the level of speed over the limit may attract a discretionary ban. I need my licence for work (160 mile commute) and am the main bread winner for my family of wife and 2 young children. My intention is to plead guilty, but I would appreciate your advice on how best to mitigate the offence. Kind regards
I have a european licence, held since April 2009
How many points have you got on your licence from the last 3 years: none
How long have you been driving: April 2009
Your road traffic offence question: Running along the x to the x in x there are two fixed cameras on the Westbound lane and traveling in that direction there is adequate signage warning of the camera's. I was issued a NIP traveling Eastbound where a mobile van was at the site of one of the fixed camera's. There is no signage whatsoever for this direction and the van was behind a tree, i.e. <100 metres visibility at 50 mph. Does the mobile site comply with the rules to legally prosecute?
Your road traffic offence question: The policeman said i was doing 42 in a 30.
I dont believe i could have been going that fast.
I agreed to what he said at the time because i was shocked that id been caught (in a long line of people doing the same thing)
I was going a maximum of 38. What is the best way to defend myself?
Your road traffic offence question: Further to a telephone conversation with Anne my details/situation is as follows:
I have received a letter of notice of intended prosecution regarding the above speeding offence from Safety Camera Unit in x. They have also asked me to completed a driver information form within 10 days of x
I currently have 6points on my driving licence. Can you be of assistance?
If you require any further information, do not hesitate to contact me. A speedy response would be appreciated.
Your road traffic offence question: My wife has just received a NIP for alleged speeding of 43mph in a 30mph zone. Looking at the evidence I noticed that of the three photos, the third is of a different vehicle going through seven minutes later. Also, there are no documents within the certificates page to show "the device was correctly calibrated at the time of the offence." Are either of these technical lapses grounds for defence of the allegation?
Your road traffic offence question: Hi there,
I was recently sent a notice of inteded prosecution from x Police as I was doing 36mph in a 30mph zone.
I filled in the NIP, and sent it back with a letter explaining that, as I had recently received 3 points the week before and was now on 9 points, I had changed my driving style to try and stay within the limits. However, I am still prone to the occassional momentary lapse of concentration, especially as my nan (who I was on my way to visis when I was caught) was seriously ill and this was on my mind (she has now recently passed away due to this illness). I also explained that, as part of my contract with my current employees, I have to be able to drive, as I am a consultant and have to visit many sites around the country, hence the reason I changed my driving style to ensure I did not get more points and the subsequent ban.
I received a letter dated x offering me a place on a x Safer Roads speed awareness course, which I duly completed and returned. I then received, a few days later, a letter dated x to say that I would be getting a court summons, as I had 9 points on my licence already.
I phoned up to query this, as the two letters contradict each other, and was told that the offer was sent in error, and that I can not attend this course as I have more than 8 points on my licence. This seems odd to me, and I can not find where it says this in any legislation or on the Safer x website.
If as stated the Speed Awareness Course letter was sent to me in error, I would like an explanation as to why I am not being offered this option as â€˜x Police are seeking to educate rather than prosecuteâ€™. I would therefore like to know, if this letter has indeed been sent to me in error, the reason why this option is not open to me; since I received 3 points a month ago to take me upto 9, I have been making a marked effort to ensure I do not speed, as if I was to lose my licence I would also lose my job. However, there are times when I momentarily speed without realising / meaning too (as I am sure EVERY driver does), which is what I can only assume happened on this occassion when I was doing 6m.p.h. over the limit.
In my letter, it states that 'x Police are seeking to educate rather than prosecute.' I take it that, in my case at least, this is no longer the case, as it seems clear to me that xPolice would much rather punish me rather than educate and help me not to have momentary lapses and in order to prevent me accidently speeding again.
I would welcome the chance to undertake this course and, as stated in the Speed Awareness Course leaflet, learn the strategies and skills to help stay within the speed limit at all times. I feel this would be an extremely valuable and educational course. However, x Police would seem to rather ban / fine me than educate. If this is the case, I would ask x Police to change their 'seeking to educate rather than prosecute' statement, as this is clearly not true in my case.
Any advise or help you could give me would be greatly appreciated.
Thanks in advance.
Your road traffic offence question: i was caught by camera doing 36 mph in a 30 mph zone.am i write to contest this case as i have been told that to prosecute i should have beendoing 37 mph. thank you
Message: Hi I just wanted to know if there is a law stating the distance between a 30 mph and a gatzo As I have just had a notice of intending prosecution as I was flashed in Rockingham Northants The 30 mph sign is just round a bend on a road that changes from a single carriageway national limit to a 30 mph and the camera is sitted very close to the 30 mph sign Allthough just before the bend there is a camera warning sign but no limit attached I hope you can advise by email or phone please
Your road traffic offence question: i was going into my local village and out of the blue were 2 poiceman at the side of the road with a gun on a tripod ...i thought where speed cameras were in us signs had to be up to warn you they were possibly there ...are the police able to do that without any kind of warning ?
Your road traffic offence question: Hi I haven't driven for over 5 years after two drink driving bans, I have no licence or insurance and was at a friends house to stay the night when my 15yr old called distressed becasue he thought someone was trying to get into the house. Everyone had been drinking but i had not as i had work the next day. I drove home asnd was caught by a camera doing 62 in a 50, there were no other cars on the road, it was very quiet. What kind of penalty will i be looking at?
I rang and spoke to the PC who has told me to confirm I was driving and to send off the first completed NIP for a fixed fine and then complete the next and send that in to him personally. Im worried that Im going to get a ban for 61mph. Should i ask for evidence or will this make things worse for me? Help , thanks
Your road traffic offence question: How do i get evidence to wether it was myself driving? i am not sure if it was me on that day! but as this will take me to 12 points and a ban i need to be sure ! I am a single paretnt who has been unemployed for 2 years and am just about to start a new job to which i will need my car to get too! I am very stressed about this so need to be sure if it was me driving before i send form back! thanx
If this info is of no use to you then please accept my apologies for wasting your time.
Your road traffic offence question: received NIP about four weeks after offence,as i drive a company vehicle on contract hire the NIP was mailed to hire company i checked the date this was received,this was two days before the fourteenth day my question is this does the fourteen day cut off point still apply
after my detais have been forwarded (date received by police safety camera unit)
Your road traffic offence question: I was alegedley caught speeding doing 44 in a 30 limit by a lone officer using a mobile laser camera whilst sat in the police car. I have sent a recorded letter to x police (delivered on x) asking for the calibration certificate for the camera and the certificate of competancy of the officer that was using it but I have not had any reply and the fine is due for payment on x do I have a case for geting the fine droped.
Your road traffic offence question: As I understand a speed of 80 mph is 1 mph over the speed at which prosocution can take place. I have received a NIP chances are I will get a fixed penalty. Should I challenge the camera accuracy for 1 mph?
Your road traffic offence question: How long do SP 30 speeding offences stay on your licence before you can apply to have them removed?
Your road traffic offence question:
Is there any point in challenging this ? I've driven past this camera for many years and never had a problem. I was suprised this happened and whilst I may have been slightly over, can I ask for evidence without incurring a higher penalty. Been driving 33 years and never been caught by a speed camera but I doubt that will help my case if the camera is correct
Your road traffic offence question: i think someones useing my name down in london i now live in x but my mother down in x essex my mother said there's letters there so i asked her to open them and she told me its something about driving down in x which is impossible as i live in x and i don't own a driving license only a provisional which is lost
Your road traffic offence question: the police officer did not tell me what speed i was doing and on my form issued by the police officer it says reported speed 30mph not the summons speed of 51 mph i also had a witness with me in the van at the time
OK, hereâ€™s my tale of woe.
At approx. 2:15pm on x, I was caught doing 57mph somewhere in the 50mph limit for the road works between x (Westbound). I very probably was, but I consider that it was made necessary by what is evidently known as â€œduress of circumstanceâ€ .
The ironic thing is that I always try my best to obey speed limits in general, and especially so over this section of the x, as it is there for the protection of the workforce, who are doing the improvements to the central barriers and information signs.
My recollection of the events of that fateful journey is quite clear, as they were so exceptional.
As I came through junction x, it suddenly started to rain extremely heavily, which forced everyone else to slow down as well. At the top of the incline by the entry slip road, I found myself badly bunched in amongst other traffic. We were nose to tail, in torrential rain, and still doing 40 to 50mph. I was in the middle of a motorway pile-up, which was looking for a time and place to happen. I feared for my safety and life.
Fortunately, I was in the middle lane and a check in the mirrors showed that the outside lane was clear. I signalled, moved into the outside lane and accelerated out of the hazard. This not only got me out of danger, but also it gave the driver behind me a carâ€™s length of road.
This could have been the only place between junctions x and x, where I would have been doing 57mph. There is also a bridge, which would be a perfectly legitimate site for a camera.
I assure you that I then decelerated to back under 50mph. Not only did the weather conditions demand this, but also my destination required me to exit the motorway at junction x.
Since receiving the Notice of Intended Prosecution, I have re-evaluated those fateful couple of minutes over and over again. Faced with those same choices, I would do the same. I just hope that I am allowed to still feel able to.
Indeed, I have since discovered that my actions were not actually unlawful, as they were made under what is evidently called â€œduress of circumstancesâ€.
According to Wilkinson's Road Traffic Offences, 21st edition, the Court of Appeal has confirmed that such defences were available for offences such as these, but only... "where a defendant had committed an otherwise unlawful act to avoid imminent peril of danger to life or serious injury to himself or some other person for whom he was responsible. The evil must be directed towards the defendant or some other person for whom he had responsibility and could be identified by reference to the action threatened. The evil to be prevented must be greater than the evil done... which should be no more than reasonably necessary to avoid the harm feared". My actions at the time seem to meet all of these totally reasonable criteria. Just like speeding is an absolute offence (just 1mph over is an offence), â€œduress of circumstanceâ€ is also an absolute defence (you have not committed an offence).
The NIP was delivered well within time. I have returned the S172 form, advising that I was driving the car at the time, as I do not dispute any of the facts of the matter.
I have been offered one of these so-called â€œSpeed Awareness Coursesâ€.
Now, I suspect that most of you would consider this a good outcome. However, I have serious problems with this. Firstly, I consider that this is little more than an admission of guilt with a 3 year suspended sentence. Also, assuming that the course is run properly, it should be impossible for me to show sufficient improvement to pass the test. I am already fully aware of my speed, and its potential consequences.
As a child, I ran out between two parked cars and was hit by a moving car. Mercifully, he wasnâ€™t speeding. However, I still remember the feel of the impact on my right hip and watching the trees fly past as I slid along the road on my back. I still remember him driving me to the local doctorâ€™s surgery, and looking at my left elbow and seeing my bones. Then it started to hurt, but the doctor filled me with enough painkiller to fell a charging rhino. I also still have the scar tissue on my left elbow, and it still aches from time to time, even after 48 years. God help the course tutor, if he tries to lecture me on child road safety. Unless he has suffered the same, he simply does not have the right.
Anyway, all of this is academic: Iâ€™m innocent. And even if I was guilty, Iâ€™m innocent until proven guilty.
I therefore feel that it is impossible for me to accept either the offer of the course or any fixed penalty.
I am prepared to fight to maintain my innocence for as long and as far as is necessary. Yes, I have nothing better to do with my time or to spend my money on. I am currently going through a divorce, so I not only already have a solicitor but also whatever it costs me, the â€œex-wife-to-beâ€ canâ€™t get.
Ideally, I would like to persuade Heddlu Gwent Police, or whoever makes these decisions, to accept that continuing with the prosecution, for just 1mph over the threshold between a caution and a FPN/SAC would be a waste of time and money.
Well, thatâ€™s it. I feel a lot better now. It has been useful, just getting everything down in writing. This could be the basis of a good letter of mitigation. I presume the system still allows you to send â€œthemâ€ one.
I await your â€œjudgementsâ€ with interest.
Your road traffic offence question: Hello, last month my speedometer broke when i was on my way home ( its been a bit iffy for a few days but seemed to be fine) and sadly i was going through plymouth which has loads of speed cameras. i'm worried im going to get a speeding ticket. Even though its been over 2 weeks i think i might still recieve one,can i appeal against it and if i do will i still get the points even if i dont pay the money fine? please reply, im lost.
Your road traffic offence question: HI PATTERSON I WAS DRIVING A HIRED VEHICLE GIVEN 2 ME BY MY INSURANCE COMPANY AN I GOT FLASHED IN A 30 MPH ROAD DOIN 52MPH STATED BY THE POLICE LETTER WHICH I RECIEVED 2 DAY .I HAVE A CLEAN LICENCE HOW CAN I DEFEND MY CASE PLS/
Your road traffic offence question: Hi, My car was clocked by a speed camera at 38 in a 30. My girlfirend at the time was visiting from germany and was driving - she said she was fully comp - I put her contact details on the requested form but am now being asked to provide proof of her insurance and flight details. I have read that I am not required to provide these by law - can you advise? (I can provide flight details but cannot get in touch to get a copy of Insurance details) Many Thanks,
Like the site very much, must search for the French equivalent, but things are not as bad here
Your road traffic offence question: This is not a serious question though you might find it amusing.
A friend of mine , several years ago, was flashed during the lost hour when the clocks were changed. The time on the charge, when it came, did not exist because it was lost when the clocks changed.
He coughed up the fine, but was the charge flawed and could he have successfully fought it?
Your road traffic offence question: Got stopped on the motorway for doing 100 although I think I was on about 95. The policeman said he was going to report me and gave me a producer because I did not have my licence with me. I was asked to sign a form but I'm not sure what it was. Could it have been a NIP? I had an SP30 about 7 years ago and an SP50 18 years ago. So a clean licence! The offence took place about a week ago on Sunday. Should I expect a NIP within 14 days of the offence? If I don't get a NIP does it mean I'm off the hook? The policeman who stopped me said I'll have to go to the court. How many points am I likely to get and will the court be considering a ban?
Your road traffic offence question: I am a co. car driver and received a NIP thro' my car leasing co. The offence was triggering a speed camera @ (47 in 40 limit). The NIP gave web site and pin to view photo evidence but all I get is a blank page. I sent NIP back unsigned with letter saying I was certain I was not driving. I gave family names of those allowed and asked them to send photos of evidence. So far heard nothing since last week. I detest driving these days as I suffer rep. strain and aches of my right leg muscles and would know if I had driven.
Your road traffic offence question: Hello, I hope you can help as I am tying myself in knots with worry.
I think I will receive a NIP ofr speeding (I was driving locally last Sunday, leavibng a 60mph zone wshere I over took a very slow driver and entered a 30mph zone-a speed camers dream. I didn't slow down fast enough (stupid I know) and my guess would be I was doing around 50mph when/if he got me.
When I got home I checked my Insurance (fine, fully comp) but realsied the photo on my driving licnese had expired. Of course this has added to my worry.
I got a form and sent off w new picture this week so am just waiting for ym new license.
My car is a compny car so I assume if I am to receive a NIP it will take maybe 3-4 weeks. So I have a few questions-upon receipt of the NIP will I need to provide my driving license? Also will the expired phot add to my troubles?
I have no points and have nver had a driving conviction.
I am terrified of what might happen as I need myh car for my job.
Your road traffic offence question: if i have 3 points already that are few years old and have a class 1 licence which i do for a living and got stopped this morning at 5.30am in a 30 zone doing 70 to 80 what are the chances of getting banned and loosing my job as a lorry drier.
Your road traffic offence question: how many penalty points must i have received to get a ban? I have 3 from aug.-09,,then 3 from dec.-09 and I.now expect 3 more this week.
Your road traffic offence question: This morning while driving to work, a traffic officer on a motornike chapped my window and said i was doing 50 in a 30 zone. as i started to talk his response was 'dont argue with me, i was doing 30mph and you were pulling away from me, you will be getting 3 points' and then he just drove off. i have not received any notice of prosecution yet but my question is where do i stand with this? as i am sure i was not doing 50. can i be incriminated on solely the word of an officer or do they have to provide some sort of speed detection evidence? which i doubt the officer had at the time. is this called a verbal NIP ? are they allowed to just say 'you will be getting 3 points' then just drive off without asking if i understand it? any help would be appreciated thanks
Your road traffic offence question: I have just recieved 2 speeding tickets within 3 weeks of each other. The road has always been 40mph. I was caught doing 36mph & 37mph. As its always been 40mph I went to check the signs and noticed there is a second camera right at the end of the road & sure enough 30mph. The original letters that were sent from the Met to confirm I was the driver were not sent within the 14 day time frame. I have tried to appeal using this info but unfortunately forgot to take copies of the letters, can I obtain copies of these letters?
Re: Alleged offence of: exceed 60mph - single carriageway (camera) speed detected was 70mph at hours on x
I am e-mailing to ask for your advice on the above alleged offence to which I can confirm I was the driver. The reason of the speed was due to the fact that I was trying to get to a petrol station to buy my 3 year old son some water as he was getting very distressed in the back and constantly wanting some water. The reason for this distress from my son was due the fact we had returned from a delayed flight from x to x. Our flight was delayed 3 hours and then when actually arriving at x it took another 60 minutes to receive our luggage., in total my children had been traveling for over 10 hours without a proper meal or rest. You can understand it is not easy travelling with children at this age and specially when flights are delayed.
The route we had taken to go home (x) was a route which had no petrol station or shops for us to make a stop at the time my son required a drink. As you can appreciate my child was very tired and hungry and he was constantly wanting a drink as he was repeatedly saying his throat was hurting. Because of the late hour and the darkness of country lanes I had no choice but to hurry in order to get a drink for my child, hence the reason for the speed increase.
I would like to know if I would receive 3 points on my driving license? I have already received previous 3 points on my licence for a similar incident of speed increase. I have to drive my car everyday to take my children to and from school as we live 7 miles from their school, I also own a business employing 130 people and would suffer greatly from having points on my license. I have been driving for over 17 years and never have received any other convictions.
I would really appreciate your support in this matter.
Your road traffic offence question: I was stopped on ferry road x for allegedly doing 45 in a 30 zone. I was really surprised because I didn't think I was doing anywhere near 45. I took all serial numbers from gun and expiry date. He said gun was checked for accuracy two hours before. He also said that he clocked me over 116.4 yards and it gave him a speed of 45. I measure the road next day and added the 116.4 yards to my stopping and thinking distance and this took me away round the corner of the road totally out of sight. Vi was shocked.so I phoned traffic Sargent at x and he says it would lock on at 116.4 metres not yards like I was briefed. There is 86mm more in a metre than a yard which would make it even worse. Be interested in what an expert thinks
Your road traffic offence question: On xat 0800 hours I was stopped by a traffic officer in an alleged '30' zone (no signage to suggest it was). He informed me that his vascar stated that 0.191 mile at 70.3 mph. He said I will receive a summons from the court.
I have been driving since x and have not had any points on my licence since about x.
I also recently got caught on a average speed camera on a duel carriage way which has very recently been changed to 50mph zone (I was travelling at x). I am attending a speed awareness course for this.
Please could you advise will the summons state what the intended prosecution will be? and also give me your opinion to a) will they allow me to plead by letter? b) am I likely to receive a driving ban and if so, for how long?
Your road traffic offence question: I was caught speeding at 48MPH in a 40 Zone, I was passing a very slow lorry and the speed camera was a mobile van set up to trap cars coming the other way, in other words I was got from behind! On the road in the direction I was going there are no speed camera warning signs.
Please let me know if any of this would conribute towards and argument against my prosicution.
Your road traffic offence question: hi i was driving my car 30 mph zone accidently i want to 59 mph they court me with pro laser 3 gun
Your road traffic offence question: My daughter has been issued with a fixed penalty notice for doing 68mph in a 50mph area. A police car pulled her over and showed her a device which just had 68mph on it and said she was speeding, she was intimidated and just signed the notice. She said there was not a speed trap as they were in a car. I thought if they were in a vehicle they would record your speed on video rather than by hand held device but there is no area on notice to request this. She does not want to go to court so is there any way of requesting the evidence without going to court.
Your road traffic offence question: An average of 93 mph with a pick of 100.5 mph on a 0,6 miles segment. I've already pleading guilty when replying the citation form and have now been required to attend court in person
Your road traffic offence question: Hi it is alledged i was recorded doing 54 in a 40 limit, I'm sue I was not as I moved off from a staitionary start and passed the mobile camera the vehicle which had been parked on the raised central reserve of the dual carrige way. The police have supplied photographic evidence but this shows two vehicles in the pictue.
Is their manner of parking legal and reading through the acpo document it mentions they should not have two vehicles in the same shot which was at 77m range.
Your road traffic offence question: i have received a penelty notice for allegedly driving at 39mph in a 30mph zone.
i remember seeing the mobile van and slowing to 30mph & setting my cruise control before entering the 30mph zone, how can i question this
Your road traffic offence question: the police letter tells me that they have clocked me from one road to the next which is 1 mile apart but there was no way that they could have done this. as the police van was parked next to point B where there is a bend. As i went round the bend the distance to where the van was parked is only few hundered yards, where i got clocked doing 39mph on a 30 zone.
is there anything that can be done on this issue
Your road traffic offence question: I am just asking on behalf of someone. She has been flashed for the first time and hasn't had her licence for two years.will she get fine and points,if so how many because 6 means she revoked before 2 years or is it a warning for first time.
Your road traffic offence question: Whilst driving to the station I saw the police with a hand held speed gun on the corner of the side road leading to the x Car Park. They were checking approaching vehicles on the main road. I kept within the 30 mph limit and then turned into the road to the station car park passing the police on the corner. The road to the car park is only 150m to a set of speed bumps then a right hand turn into the car park. I have now received a court summons that I was driving at 39 mph in this side road. I do not believe I was exceeding the speed limit but have no proof. The police Witness Statement states that I was recorded with a laser speed gun at a distance of 109m. The police then drove to the car park to my car (reg captured on Automatic Number Plate Recognition System) but by this time I was already in the station so did not see them. I drive a x and feel I am being falsely accused because I drive a fast car. From the location of the police to the position of my car where they say I was clocked I do not believe they had a clear view to clock me. In the Summons the Offence and Statement of Facts refers to speeding along the main road (x Avenue) whereas the police witness statement relates to the side road (x Avenue) where they say they clocked me. The only evidence appears to be the witness statement of the Police Officer and an accompanying officer. The costs of bringing the case to court are Â£65. The Summons states that if I plead guilty the penalty will be less. My question is "can I be found guilty on just the witness statement of the two police officers or do they have to have evidence from the speed gun i.e. video evidence. As The Offence and Statement of Facts in the Summons is incorrect and contradicts the police witness statement would this be sufficent grounds to plead not guilty?"
Your road traffic offence question: Hi,I got caught by a mobile speed camera doing 68 mph in a 60 mph limit,A mate of mine says you are allowed 10% speedo discrepancy + 2mph.Can you tell me if this is correct and if so how do i go about challenging it.Thanks very much,Regards
Your road traffic offence question: What if the road is incorrecty rated, ie it should be 40 rather than a 30 as there's no buildings or pavement on one side and the houses on the other are set back at least 50ft.
Or time of day, I mean it was 7.07am on a dead straight road with absolutely no traffic around. Why is common sense not applied.
Reported in paper that this speed-cam van caught 100 people in its 1st 4 hrs, why??? because it doesn't warrant being a 30 - The majority of the public drive at a 'safe' speed limit which is why so many people got 'robbed' by this camera.
Your road traffic offence question: ive just had a form come through for speeding on motorway over 70
i wasent pulled and dont remember any speed cams
i allready have 3 points for speeding 36 in a 30 3 years ago
Your road traffic offence question: Hi Emma,
I was caught by a mobile speed camera at 09.44 Sunday xdriving at 61mph in a 50mph area of the x dual carriageway in x. The road narrows from 3 lanes to 2 with a 50mph sign. I passed a fixed yellow camera at that point which did not flash but about 300 metres further on passed under a bridge and there was a van which on the side of the road (hard shoulder)which I assume was the mobile camera that recorded my speed. In my opinion this camera was hidden as it was under the bridge in the shadows. I only saw the van as I passed by. I believe there are Department of Transport guidelines that all speed cameras have to be clearly visible. I have been driving for 30 years with no traffic offences so I was upset to get a notice of intended prosecution. I have not returned to form yet. I am also a qualified barrister ( a long time since I have been in court!!) but now a company director and I want to keep a clean record. I am considering challenging this matter if x Police proceed with prosecution after I return the form requiring information about the driver.
Your road traffic offence question: i've been caught speeding by camerea in my mums car i dont have insurance. what will happen, or what can we do?
Your road traffic offence question: I was riding my motorcycle about 10 yards behind another motorcycle when a policeman stepped from behind a tree aimed the speed gun (I later found out it was a Truvelo which had been calibrated in January of this year) and then waved us to stop. He informed us that we would both be prosecuted for travelling at 54MPH in a 40MPH zone. When he subsequently wrote out our tickets he stated on both that the speed recorded was 54MPH at a distance of 497 feet.considering I was only 10 yards or approximately 0.35seconds at the alleged speed I believe it would be impossible to record both speeds. Do you believe the prosecution is a safe one and do you believe I have a credible defence? Many thanks,
Your road traffic offence question: I was caught doing 87mph in a 50mph Zone onx 2010 but the NIP did not come through until and is dated x 2010. Is there a 14 day rule for this or is it just a myth? Is there anyway of getting out of this?
Your road traffic offence question: When my letter for speeding came through they had the wrong time, out by 1 hour as i was working then, 2 weeks later they sent a letter telling me there clock was out by 1 hour. according to my work they cought quite a few people that day & im quessing there sending it back with proof it wasnt them who were driving as we have proof we were working at the time of offence. how do you rate my chances?
Your road traffic offence question: The officers statement oppearting the LTI20-20 said that he checked the calibration of the equipment before ,during and at the end of each location. However the manufactureres Tele-Traffic state that calibration cannnot be done road side and can only be done in their special workshops. Sureley then this is an untrue statement and in contravention of the approved opperating procedure?
Your road traffic offence question: Can you be prosecuted for travelling at this speed if the cameras are not clearly visible and are there for the purpose of preserving the bridge and the colour to ensure it blends in with the background,of the bridge? Do I have to say who was driving in accordance with the question on the form?
Your road traffic offence question: I had this speeding offence notice today. They sent me a Form to fillin with my details and sign.I don't know what to do really?
Your road traffic offence question: was caught doing 39 in 30 zone caught on camera i speeded up to allow an ambulance to pass he was using light ans sirens,am i still liable
Your road traffic offence question: I was stopped by the police who were loitering in somebodys driveway.I was decelerating from a 60 mph to a 30 mph stretch.I was doing 44 mph i a 30.When he stopped me he explained that residents of the village had asked for police assistance because there is a 30 limit through the village.The road is a main road with limit of 60 for 90% of the road.It is also renowned for bikers who are the real problem to us all on the stretch of road i am talking about.When he jumped in front of me and directed me into the driveway where he was skulking
he said that he was there because of the village complaint,and he mad a comment on the lines that he was not stopping bikers as he could not stop them.Indeed as i was parked up there were many bikes went past at enormous speeds as they always have done without impunity.The police have never treated them as culprits,and it would be interesting to compare motorists against bikers as to the figures pulled up.I view his remark as dicriminatory and only targetting motorists is abominable and against the ACPO rules.He told me that I was doing 44 mph and then proceeded to go on about the technical details of distances etc on his laser machine which I did not understand and would have thought I would have been issued with some sort of copy.I only have his word and would those details be accessible in the police records together with a certificate to prove the laser was calibrated??All he was interested in was reading my rights.It seems to me that I was steamrollered into accepting his word and the laser figures even though i am sure that I had only just got into the 30 mph zone.I have to produce my license and Â£60 penalty.
Your road traffic offence question: Officer used a laser device to obtain an alleged speed of 91mph against me whilst I was riding my motorcycle along with 4 others who will testify I was not travelling at above 70mph.When I asked why did he stop me he said I was the lead motorcyclist with a car to my right ie overtaking me! I was under the impression these devices needed to be directed at at flat surface, which the front of my motorbike has not got..
Your road traffic offence question: being prosicuted for travelling 96 mph on 70 mph duel carrageway
being prosicuted for crossing double white line while over-taking
both above offences on a motorcycle i am 51 years old have been driving for 33 years and never had any points or motoring convictions
i have an electrical buisness that requires me to drive my van
can i get a diqualification for this????
Your road traffic offence question: I believe that I might have been caught by a handheld radar gun. The Person holding the Radar Gun was a Community Support Officer and the person standig next to them was writing down information but with no formal markings on there person. I stopped and took photos as proof. Are Community Support Officers legally allowed to use speed radar guns etc...
Your road traffic offence question: i had to go to court back in 2008/ early 2009 for a speeding offence i didnt commit as my details were stolen and someone used them to do this offence with evidence i shown the court said i had to do a sat dec and that would be the end of the matter but today out of the blue i had a balift asking for money for the same offence what can i do
Your road traffic offence question: I was on way along a 60mph road and the limit changes to a 30mph, I was slowing and reducing speed, as I crossed the threshold of the 60-30mph, there was the police van sitting hidding behind the hedge just 3/4m after the speed limit change with the camera on the side of the road. The only time you could see the van was when you passed the limit change. I have then been issued the Notice of Intended Prosecution. I had a colleauge with me and we both feel that it was entrapment especially sitting back out of sight on the speed change, is there anything that can be done?
Message: i have just recieved a notice of intended prosecution for doing 52 mph in a 40 zone.
i have 6 current points on my licence. how can your firm held and what would be the costs?
Your road traffic offence question: accelerated to overtake a lorry pulling over onto the roadside and exceeded the 30mph limit in doing so and was caught at 39mph on a mobile camera van (obscured from view by the lorry)
The speed was taken from a road traffic vehicle, based on my speed over a half mile (or mile distance) using road markers.
The police vehicle was not visible. It was concealed by trees in a layby set off the road - although clearly it had a view of the road to track my speed.
I always understood that speed checks should be used as a deterrant to promote road safety and encourage drivers to slow down. Is it legal in Scotland for traffic vehicles to conceal themselves from drivers? Thx
Your road traffic offence question: I was caught doing 62 in a 30 about 2 nights ago. However the area was not built up what so ever with the road leading up to an univercity, this was around 9.30pm.
I all ready have 3 points and have been summoned the coart for the above, whitch i will pleed guilty. My question is will iloose my lisence.
Your road traffic offence question: i was caught by an officer at 23.35 at night alegedly doin 52 in a 40 zone, he showed me radar gun of which i still denied he wrote ticket out sayin i was doin 52 in 30 when road is 40, also there is one of them signs that flashes up when yr doin over 40 which never flashed up, also he put time in date box and crossed it out an put my cara model down wrong where do i stand on gettin this threw out ?
Your road traffic offence question: As I was overtaking traffic that had slowed for the camera van, is it still an offence? I knew the cameras whereabouts and, as a taxi driver of eighteen years, would never speed intentionally but I thought that the only time you could break a speed limit was whilst overtaking, to reduce the Time Exposed to Danger (TED).
Your road traffic offence question: my oldest girl has just caught speeding
after doing a speed awareness 10 months ago she has not been driving 2 years yet what wil happen to her
Your road traffic offence question: As above recently been reported as speeding via a mobile speed camera van. This happened at the start of a dual carrage way with only one speed camera road sign before the loacation of the camera van. The sign is covered in moss and damaged and not visable from the road. Is this ticket enforable ? do I have a case to contest ?
I currently have 6 points on my license. I was traveling 38mph in 30mph zone. I want to know if I am still eligible for the 'Speed Awareness course'. The sheet from the Police says if you travelling less then 39mph then most probably you will be able to do a SAC. But I am not sure if this will still be the case if I have 6 points. I would be very greatful for your advice
Your road traffic offence question: Is it a legal requirement to the authorities to put signs warning of speed camera's ahead?
I have accepted the fine and points by the police although I dont know what will happen now that the camera has caught me aswel. Will i get a court summons or banned?
Your road traffic offence question: Police is harassing me for letting my brother drive my car which I use for private hire taxi. I was unwell. I asked my brother to take me home. He was driving me home when he was caught by a camera.
He has insurane full license but police sayes he can not drive a car which has a private hire plate on.
Your road traffic offence question: i got caught by a camera speeding, i do not own the car but was nominated as it was me drving. I have recieved a conditional offer and am sending my provisional licence to be endorsed and the 60 fine. As i do not hold a full ilcence, will this be taken any further or will i just get the points?
The letter states that my details will be held on a database and monitored for any future incidents of excessive speed.
I deny speeding and do not want my details hels on any database. It smacks of being held guilty whilst innocent.
What are my options? Can I ask for the records of the individuals involved, eqiptment used, traing reords, calibration records, what law are my details bing retained under etc etc.
I got pulled over this morning when a police officer walked out from behind bush and put his hand up to stop me. I did'nt check his creditionals and there was a two people filming. He issued me on the spot fine and six points. I was going 55 in a 40. I simply wasnt paying attention so I know I was in the wrong, road was clear so I was'nt being a danger.
I thought they could not hide behind bushes?So would that make it invalid?
Your road traffic offence question: i have been driving 28yrs and have 3 points from 3 yrs ago i was driving my car which i have owned for 4 yrs but on the notice of prosecution letter my name is spealt x is this a possible legal loophole to avert a fine and points ?
Your road traffic offence question: I have received a NIP but have mislaid my driver's licence. If I can't provide the number will my response still be valid?
any advise would be handy as i would rather not have those points on my licence.
As always your help and advice would be greatly appreciated, thanks.
Road Traffic Offence question:
Your road traffic offence question: I got caught three times - same camera, same speed (39mph), same time (7am approx), separate days.
I thought it was 40mph..... genuinely.
1st letter arrived approx 2 hours after the 3rd offence. I thought I had only committed 1 offence yet process / postal time = 3 fines / 3 lots of points before I learned my mistake. Regrettably, all offences occurred within an 8 day period and all letters received within 2 weeks of offence.
200 yards after camera, limit changes to 40 mph. You can see the 40 mph sign 50 yards after the speed camera, hence my confusion 40 mph / 30 mph. So I pulled off one road and onto the Ax which I thought was 40 mph.
The camera is 20 yards after built up zone but is not in a built up area. A "Speed camera - 30 MPH limit" sign was added about two weeks AFTER I committed the third offence. Before that - no signs. Street lights YES, speed signs NO. I have a video recording which shows the new 30 mph sign was added AFTER the third offence.
I have admitted to the first offence (speed awareness course booked), and admitted I was driving for the other two.
No previous points or convictions, full licence for 18 years.
Do I have a case to argue against fines and points for the 2nd and 3rd offence ? I don't mind paying a fine, but worry about insurance premiums associated with points. I feel as though I am being punished three times for one genuine mistake ?
Thank you in advance.
I was wondering what type of punishment should i expect, i havnt had my license for 2 years yet so, will i loose my license because i need my license to get to work and back? Please get in contact soon! Thank you
I RECIEVED NIP AND LOOKED AT PHOTO EVIDENCE ON LINE.THREE PHOTOS ARE SHOWN TWO OF WHICH ARE IDENTICAL .THE TIME ,DATE AND SPEED ARE TYPED ON THE SIDE,BUT NOT ON THE ACTUAL PHOTOS.
SHOULD I CONTEST THIS OFFENCE?
Your road traffic offence question: i was travelling northbound on the a3 towards london.the motorway speed limit reduces from 70 to 50 mph just before kingston.the police had set up a mobile unit a little before a static camera in the 50 mph zone,perhaps about a mile before it.i must have still thought i was in the 70 zone.can you help me?
If the camera is showing the wrong time of the incident and i have some evidence to state that the camera time is wrong would I still be prosecuted. The police think they have still enough evidence to prosecute. I was visiting the hospital and have a parking ticket which the time was checked both by my wife and I when we left the car. Knowing that the distance of the camera is only 1 minute away from the hospital it makes the camera time to be at least 3/4 minutes incorrect.
Have a case and is it worth persuing or do i just pay the Â£60 and go on the correction course they have offered?
Your road traffic offence question: Alledged offence took place x but I was not informed until x.Is there a minimum period when Safer Roads Bureau (SRB) should inform alledged offender of offence?
Your road traffic offence question: Folowed by police car for 1.26 miles and a speed of 97.5mph. It was a fair cop. will my clean licence of 35 years help me to avoid a ban? I need the licence for my work, No Licence = no job.
Your road traffic offence question: this particular camera has all warning signs concealed by hanging trees,the speed camera sign is hidden behind two other large signs and is about 30m away from the camera and about 150m away from a40mph zone which is on exactlty the same stretch of road IE no buildings either side.to be honest, i didn,t even see the camera sign as i was paying attention to the 40mph sign as i thought i was going into that speed limit.
I was the driver and the Company have returned the form with my details.
I believe that there were more than 14 days between incident and notice being issued.
The Company say that it is up to me if I want to challenge the notice.
What should I write back to them?
Also whether the Special Constable was appropriarely trained as he was 'behind hedge' & not wearing 'hi-vis' jacket.
Unlike his PC colleague which then operated another camera from the other 'more clear' side of the road, with a hi-vis jacket!
I have had a NIP reminder sent to my previous address. My driving licence has been registered in my current address since long before the NIP was originally issued, but I made the mistake of assuming that the log book would have been updated. Anyway it is long past the 28 days to respond, but it says that the points will go on my licence not on the log book, so surely the police should have used my registration number and name to check the address of my licence with the DVLA. As I said my licence is upto date in my current address and obviously it has my name and registration on it so I cant see why they dint use it. Would 14-28 days have been deemed a reasonable amount of time for the police to do this?
Does this give a me a defense in court - I'm not gonna deny it was me driving because it is only ever me who drives my car. My previous address where the log book was registered, is still my parents house, so I'm assuming that the courts wont believe that the post wasn't forwarded to me. My parents are getting on a bit (late 70's) and tend to throw anything out that is not addressed to them but I was staying over when the reminder came and I saw the envelope with my name on it. Does the period of time between the speeding incident and me recivieng the reminder make the charge invalide or is it still likely that I will get a huge fine and points on my licence.
By the way - I was doing 36 in a 30 zone, in an industrial area with no road speed signs and no sign saying this is a speed watch area. This is supposed to be about public safet but the police have been hiding along this road for the last 5 years and no traffic calming measures have been put in place or speed signs.
I have decided to identify myself as the driver of the vehicle and I have already requested photo's. I have decided to plead not guilty. In court I am going to request proof that the correct camera has been identified for the date and location, proof of calibration, proof of certificated officer training and that the officer be present with the camera to give a demonstartion of its accuracy and their ability to use it correctly. Am I being realistic in requesting these as proof, or can they find me guilty without providing this evidence.
A letter from the police states no action to be taken but if caught again my name will be added to a "list of persistent speeders".
Can you advise what action can be taken if I were to be recorded over the limit again by a CSW group
The letter gives me the opportunity to apply to attend a speed awareness course which I have registered to do
Look forward to your reply
The copper stopped me and said because i have gone of at speed down the slip road he had followed me and then when all 3 of us was doing 90ish i got stopped.
I don't think I was speeding as I was aware of the speed cameras, although I did have to move out of the way of a speeding 3 series BMW.
My logic is that I definately wasn't speeding when I passed the second average speed camera, which would mean that I was driving circa 80+mph when I entered the first camera zone, which I just don't think is correct. I do drive a powerful car (Porsche 911 turbo) and do remember the day and time clearly as it was the first day after the May bank holiday and I was returning to work in Newcastle.
Do I have any defense against this alleged offence if I go to court or should I accept the 3 point and Â£60 fine, and why wouldn't they Police offer me the option of attending a speed awareness course?
zone. However the gatso camera was completely obscured from the
roadside due to the hengerow being overgrown.
I have witnesses to that fact and established that the local authority
do not appear to maintain that area of the roadside.
I have written back to Essex police and notified them of this
situation and that in my view it doesn't meet the dept of transport
guidelines. It must impact on many motorists caught on that particular
Essex police replied basically saying that the fact the camera was
invisible to the driver didn't matter ... I intend to plead not guilty.
What are your views?
I am not driving any differently than I have always driven so these have come as a total shock. I don't claim to be a perfect driver but I like to think I am a safe driver.
One event was allegedly caught by a Camera in a 30 mph zone, I was clocked at 39 mph, the second: I have absolutely no idea as there were no warning signs and no cameras that I know of, so I assume it was some unmarked vehicle, this was again a 30 mph zone this time I was clocked at 38 mph. Again I don't think I was driving dangerously, I would not have considered either to be a "built up" area, one had houses on both sides but one one side the houses were separately but a grassed area and a residential road, the second area had houses on one side of the road.
This is really worrying and dare I say causing sleepless nights, I was so proud of my clean driving record, now I am facing two counts of "speeding", I feel like a complete criminal. What would you advice be and could you please give me an indication of what the punishment might be? I really don't want to be recorded as repeat offender as this is not my nature at all, I think 30 years should show that, but are the Police likely to take this into account? Am I likely to be offered the Speed Awareness Course rather than points on my licence?
Please advise, as I have absolutely no idea how to proceed as I have never been in this position before
I was in work at the time and there is no way that my vehicle was in the area at the time.
i only have the three responses that i can give.
1 i was the driver
2 i wasn't the driver
3 the car did not belong to me at the time.
I have to respond to the notice within 28 days and it could take longer to get any photographic evidence back.
Should i just request the evidence say that i was driving and challenge the issue when the summons comes??
My question is my mum was not insured at the time to drive the vehicle am i ok saying that it was my mother who was driving at the time will the fine people ask for insurance.
How many points have you got on your licence from the last 3 years: 6 two and half years ago
How long have you been driving: 29 years
2) I have no recollection of the incident and asked for full evidence.
3) I was sent blurred images and wrote back saying that photos were not sufficient evidence in themselves and that I wanted to see compliance/ callibration certificate.
4) I thought conditional offer of Â£60 plus 3 points would continue until they answered my second letter.
5) They have now sent me a summons to plead guilty or appear in court x
5) The evidence they rely on is below:-
In accordance with above I hereby certify that a perscribed device approved by the Secretary of State, Gatsometer BV Type 24+Aus, type approval (ISBN 0 11 341046 8) designed or adapted for measuring radar the speed of motor vehicles, was placedat A406 NCR inder East End Road Bridge W/B N2 (7627), monitoring traffic travelling West. To the best of my knowledge and belief this device was operated in accordance with the approval given and conditions of Type Approval were satisfied. I have no grounds for believing that the information recorded is inaccurate. I am trained in the use of equipment and completely familiar with its operation.
At x vehicle reg mark x caused the device to be activated as a result the following photographic evidencee was recorded on Film No x
Vehicle speed recorded 58mph. Speed limit on this section of road is 50mph.
The above is the evidence they are relying on......Is this a callibration certificare????? The ploice officer's statement says to the best of his knowledge. To the best of my knowledge I did not think I had broken the speed limit. I have a clean license in 35 years
I took the ticket to my local police station and showed them my ins. details etc. and they kept my licence to send to the DVLA. I then posted off my Â£60 fine.
The ticket was dated 4 June '10 and the station sent my licence off on 7 June but I have not had it returned yet.
I was tonight completing an insurance renewal form online, and when it asked for the offence code, my ticket said VS31 - and that code is not listed.
Is there any chance of avoiding the 3 points on a technicality, or is the VS31 a legit code?
The alleged offence is speeding at 59 mph on a motorway with a temporary restriction of 50mph.I did not honestly see the temporary ban sign and do wonder whether the device was operating correctly as the traffic was quite slow moving along this stretch.
I am a new driver who passed test in x 2009.I already have 3 points on my licence issued in x.
I am worried my licence would be automatically revoked.Is it worth attending court and trying to defend.
He therefore said they are two officers so it's likely that the Magistrates will believe them, so is it true that the Magistrates will believe them just because they are two officers.
please help me with an answer.
thank you very much for your time
Your road traffic offence question: can a temporary speed limit be enforsed at the road side when the permanent limit is 60 and i was caught doing 63 in a 60 mph this can be discredited by the 10 percent plus 2 law which applies and this was caught on 25/4/2010 and only recieved ticket on the friday just gone is this issued within the time limits for tickets i ask .
She was driving my father, brother, and me back from the Registrar after we recorded the sudden death of my mother.
Is there any point appealing?
This seems a bit unfair as I'm sure I wasn't travelling at 83mph but could have been 65-70 maybe. Can they really just refuse to provide me with this evidence? It seems really unfair, is there anything I can do to force them to provide this without having to go to court?
Your road traffic offence question: What can I expect to recieve I have not been offered a conditional offer Regards
Can I use this as a defense and how?
IVE RECIEVED 6 POINT DOR FAILING TO SUPPLY INFORMATION - AM I TO RECIEVE MORE POINTS FOR THE ACTUAL SPEEDING?
My son has been clocked travelling at 36mph in a 30 mph zone by a road side mounted camera, has he any defence.
1) While I admit that I was speeding I don't believe that I was going any quicker than 90mph
2) I believe that 96mph is conveniently the cut off for automatically requiring a court appearance, had I been at 95mph I would have got off with a more lenient penalty
What are my options?
It was one undercover officer that only had a speedometer
and the road the officer followed me down also had a speed camera which didnt flash.
I also have a witness.
I wanted to know which act on the Road Safety Bill can exempt me from this allegation.
Its my word against hers?
She was ALONE in car and I didnot notice any recording equipment.
She signed on form PS x.
I am not sure what my speed was but driving safely for the conditions. Can you advise help
On the day in question, I was driving a fare paying passenger home when he suddenly became violently ill at the back of my car. In panic I drove a bit faster that I normally would. He appeared to be having a severe ashtma attack and I feared the worse. There is an hospital 2 miles away and I headed for the hospital.
I normally ply that road at least 10 times day and night over the past 5 years or more and have never been involve in any speeding incident.
Do I have a defence. What should I do?
Your road traffic offence question: 1. Can the prosecution be enforced given the mobile talivan was parked on the hard shoulder of motorway? â€“ I understand that its illegal to park in the hard shoulder.
2. What will the likely penalty be if it is enforceable? â€“ my licence is currently clean and Iâ€™d like to keep it that way.
Thanks, I look forward to hearing from you soon.
In any case I would be pleased to hear if I have a defence.
Are these cameras accurate at this distance when used with telephoto lenses. I have a copy of the police foto which also shows a car behind me going in the opposite direction.
Thanking you in anticipation.
I am writing to you on behalf of my fiancÃ©e who has just today received a Notice of Intended Prosecution for speeding.
The Notice specifies a penalty of Â£60 and endorsement of 3 points. The penalty is not an issue but we feel the endorsement is unfair as well as psychologically taxing for my fiancÃ©e. Her driving record of well over a decade is spotless here in the UK as well as in Canada, United States and Mexico (she has held a Canadian, US and Mexican driving licenses previously).
On this occasion she has been driven to drive at a higher than permitted speed (which she didnâ€™t realize at the time but does acknowledge now) by an aggressive behaviour of another driver. She drove at higher-than-usual speed for a very short course (of about 100 metres) until she was out of vicinity of the other driver. I may also add that she has been driving on the same route frequently for several years and if she had been in the habit of driving above the speeding limit the cameras would have caught her in the past.
As her licence is clean, endorsement of 3 points is not really an issue â€“ but we still feel it is unfair and would like to resolve the matter without the endorsement. We will happily pay the penalty, of course. I understand that there is also the alternative option of attending a Speed Awarement Course in lieu of receiving the endorsement; if that is an option we may require some guidance.
I am wondering whether you are able to assist us in this matter and if so, what course of action do you suggest. I will appreciate if you can give me an idea of your fees/fee structure as well.
Your road traffic offence question: Hi, had a letter from the police at the end of may for an sp30 on the 12 of april!So what is the time they have to let you know about it?
Road Traffic Offence question: I run a chauffeur company which is ltd. I believe that I do not have to give the drivers name, is that correct? Also the speed trap that this driver was caught in ( by a van on a bridge, that was not visible until the car is within 3//10ths of a mile ) has a "speed camera beware" sign that is 1.2 miles from the site of the van. Am I correct in saying that this sign should be no more than 1km away from any camera site?
It is alleged that on 2 seperate incidents over a period of 2 days I was detected travelling at 36mph in a 30mph limit by an automatic camera.
I cannot remember the incidents in question but would not have thought my speed was any different than at any other times I have passed these cameras over the number of years I have been driving I cannot believe that I have been lucky for 30+ years and why would I start exceeding speed limits now.
I also find it odd that they are both identical at 36mph which makes me wonder the accuracy of 1 or both of these cameras.
Should I request to see the use certificate for each of the cameras together with the photographs taken/time interval between each and also the distance ( number of road marks passed ) I have been alleged to have travelled.
I would think that as both incidents say 36 mph the distance travelled/time laps between each photo etc. should be identical.
I have at the moment just received a letter from Sussex Police informing me that it is the role of the courts to decide any contested issues enclosing a form for a speed awareness course (Cost Â£105)which I can only accept on 1 of the incidents.
So basically I assume I have a choice of accepting 2 fixed penalty convictions for offences I do not feel I committed. or 1 fixed penalty conviction and a speed awareness course.
If I decide to contest this I cannot afford to take on the services of a solicitor due to my financial situation. I am medically retired and our income is solely from benefits.
Your road traffic offence question: I need my car licence for work and also to visit my kids in London I live in Glasgow. Can I use this to not receive a ban.
If you were to defend me in court how much do you charge?
alleged offence took place and have noticed that the signage has now changed
since when I last contacted you. Originally when exiting the Mx junction 5, there was a 30 mph sign about 20 or 30 yards from the end of the motorway exit slip road (on left hand side). This sign was circular with a white background, red edge and black numbers. This sign now has gone (although part of the post is still visible). It has been replaced by 2 similar signs either side of the road at the junction of the exit roundabout. x Road Ax is the first exit off the roundabout but has no street lighting for a few hundred yards until the combined 30mph and speed camera sign. The Mx
runs alongside this road, with an occasional tall motorway light on right hand side. Is there a case to defend here or do you need to see some photos ?
Secondly I'm sure lots of people have tried to defend themselves against speeding offences unsuccessfully in court but I was wondering how many of them actually requested police speed camera training , maintenance and calibration data plus I also thought that the sighting of speed camera equipment was itself subject to rules (i.e. accidents data etc) which can be tested in court ? Did those who when to court for instance cross examine the police officer and test the Vascar or other speed camera equipment in court ? I have been led to believe that the police often can't produce some of this information or that it is incorrect or that the officers often are
unable to attend court. I have been also led to believe that quite often after an adjournment or two the case is discontinued, maybe due to the police not having the time or the will to produce all the evidence. Is any of this correct or should I not rely on this ? I only have about 10 days to accept the conditional fine offer or defend myself in court and am wondering what to do.
PS how can it be legal to send someone a demand for money in the form of a
conditional offer threatening court action over an offence which may or may
not have occurred without providing any evidence of such an offence for me
to consider ? This is surely against my human and civil rights as I am
effectively being threatened that I either pay up regardless of guilt or
face further costs in court regardless of the outcome. This is simply not
just and should be challenged.
Your road traffic offence question: I was riding a motorbike with a friend following on his. The camera was forward facing and they say the officer joted down the number plate. I know i wasnt speeding as I was running out of fuel at the time and trying to get to a service station. 2ndly the other bike didnt recieve and offence.
My problem was that I received my court summons for the two offenses which were delayed because of the Postal strikes on a Saturday and due to appear in court the following Monday. I informed the Court first thing on Monday morning that i couldn't be in court as I am currently living in Dundee Scotland, and may court appearance was in Feltham outside London. I also received "plead by post" forms on the same saturday, which I explained to the court I wished to do. After sending off the forms I received yet another court sentence for a later date. In between that I received a fine for court payments and for the speeding fines. The fines were reduced to Â£50 per offense as I am currently a student. I sent off payment with the forms they sent with the adjusted fines. After Christmas I got a demand from the DVLA for my driving license which I couldn't send as it was with x Magistrates. Not long after in January I received my Driving license with the points added and the cost of the two Â£50 fines.
Thinking that was it I left it at that, only to receive a Distress warrant demanding a payment of Â£385 for none payment of the fines and court fees which i thought I had avoided by pleading guilty by post. The speeding fines are not an issue as i was prepared to plead by post but feel i have been mistreated under circumstances beyond my control with regard to the postal strikes and my current living address. Is there anything I can do to claim the money back for the court fees and especially the "charges" of the bailiff.
Herts Constab used a mobile device on 30mph stretch (fairly steep downhill section).
Picture avail on website identifies officer number, camera location and distance of 204.4m. Equipment has certificate of conformity dated 15 March 2010. However, distance check were for 25 meters, 50 meters and 100 meters.
Is there a defence case re calibration of the equipment re the distance of 204.4m ?
On x March 2010, I was driving in Cumbria at x, on the dual carriageway and in front of me approximately 200 ad 300 yards I saw a sign for 30mph speed limit and a Camera Van was parked there. Before I reached the 30mph zone but the Camera van took a photo of me to which I was very distressed and I then decided to come to you and explain the situation.
I contact the Police in Cumbria and they told me to send them email and explain it, which i did. After 9 days Cumbria Police send me a letter and said nothing they can do either i accept the offer of a fixed penalty or alternatively i may go to a court hearing.
I was recorded at 36mph by a LTI 20, but question the accuracy of this.
The reason is I have a sat Nav which gives a MPH reading which tends to be below my speedo reading and as a result if I exceed the limit it is always marginal say 32mph and for a short period.
The second reason is it looked as if the police Officer used a hand held gun, but I did see a tripod set up.
Is there a way I can ask for further information regards calibrations and checks without risking further costs/points
Where do I stand with this?
could i argue the case that i was out of range for the equipment used?
it was a LTI 20-20 TS/M camera
Your road traffic offence question: Could this be contested on tech grounds.?
Your road traffic offence question: how much over the limit am i allowed (30mph)and is it worth fighting these alligations,as i never saw either manned speed trap?thanks
I was wondering whether you can help me, myself and my partner were driving back from Ireland early morning on x 2009. We were on a highway were the speed variation changed from 50mph then to 70 mph then remained 70mph on that road. We were stopped by one police offer were he claims we were doing 73mph in a 50mph zone. The police officer had pulled us over in a 70mph zone and we were sure that we had not been speeding.
The case description reads:-on x at x in the county of Conmwy drove a motor vehicle, namely large goods vehicle or passenger carrying vehicle , on a road namely x Eastbound, at a speed exceeding 50mph. Contray to sections 84 and 89(1) of the road traffic regulations act 1984 and schedule 2 to the road traffic offenders act 1988 ( what does this mean?)
The Police Officer caught us on a pro-laser gun, as we have asked for photographic evidence they state they canâ€™t provide.
When we received the paperwork through the post and we sent back not guilty with our statement. We then receive in the post the following:-
- A letter that stated Â£450.00 fine and 4 points due to failure to attend court. If you read the summons letter it states do not attend the date on the summons if you plead not guilty as an alternative date will be sent to you.
I then wrote to customer service department at the courts were I asked for the case to be re-opened, which they did. We then attended court and they re-adjourned to x 2010 to be told we would be able to cross examine the police officer on that day. Can you help with the appropriate questions for the day? Or are there any legal questions we are entitled to ask?
Can you please help and give me advice as this has been going on since June last year.
The facts are as follows:
1)Sunday 11th April, travelling on my motorbike down a 70mph dual carriageway, came to a roundabout where the road became single carriageway and the speed limit dropped to 50mph. There were speed limit signs on the exit of the roundabout followed by repeater signs (although I dont know how far up the road they were).
2) For some reason, that honestly I cannot explain, I accelerated out of the roundabout and increased my speed, using higher revs in each gear than normal.
3) I was zapped by an officer standing more than 25ft away from the LHS of the carriageway. He/she must have then sent a radio call to his/her colleague further along the road. The officer who made the stop was on a motorbike and was accompanied by a following traffic car. It was the motorcycle officer who had all of the conversation with me.
4) I was given a verbal NIP at the roadside and was told that I was to be reported for the offence of driving in excess of the speed limit. The officer was very pleasant but I was astounded that I had allegedly been travelling that fast. I have no evidence to support this (I did not check my speed on my dash, stupidly) but when you ride the same bike for a long time you have a good idea of your speed (mainly because most of the time you have to be looking up and forward). The officer asked how fast I thought I was travelling and I said that I thought in excess of 60mph (which was true, but not 115mph). He further explained that because I was travelling more than 26mph over the limit he could not issue a fixed penalty notice.
I have one major concern: where the officers were standing with their device, they were not able to see me until I was almost opposite them on the road. If I was going that fast they would then have to 'sight' the device and hold it on me to get a reading. The distance they would have to do this is approximately 350m. The side of both me and my bike have relatively few, if any at all, flat surfaces where a laser can be bounced off. I looked at this last night and was surprised by this. I know from a friend that they are trained to use a fixed point, like a number plate, but at the angle they were at they could not see the plate until much later in the distance.
I have a clean licence and travel in excess of 30,000 miles (mostly business and commuting) in my car per year and probably about 5,000 miles on my bike. I am a company director and the loss of my licence could lead to me losing my job.
I understand that I did wrong, although I am not convinced about the speed reading (I accept I was over 50mph, I realise that makes me guilty of the offence) but it is the 115mph that concerns me.
I am yet to receive any paperwork but as I am sure you will appreciate I would like some advice as early as I can (it may help me to sleep).
Your road traffic offence question: will my boss find out that i did it in the company van.what will happen to me
How many points have you got on your licence from the last 3 years: no points
How long have you been driving: 3 years
I originally came to the UK in 2007 as a student. That visa expired in January 2009 and I applied for a Tier 1 post-study visa, which was granted and dated in May 2009. After visiting the DirectGov website and the DVLA, I have read under the 'residents' section, that one is allowed to drive for up to 12 months since 'becoming a resident'. I have thus assumed that my post-study visa (a residency visa) marked the date at which I became a resident and figured that from May 2009, I had one year to obtain a full UK licence. I have been driving my own fully insured vehicle since June 2009 (it is registered and insured in my name and I have not moved home recently). I've received my provisional licence and am signed up for a theory test. I am prepared to get rid of the car if, by early May 2010, I have not received a full UK driver licence.
My questions are as follows: If I were to receive an NIP for speeding and I choose to accept or refute the notice (based on the fact that it might be issued over 14 days after the offence), will my eligibility as a driver be called into question? Have I misinterpreted the information on these government-sponsored websites? Does the 12-month rule apply since date of entry rather than the date of my residency visa? I spoke to a representative from the DVLA about what date to put on the provisional licence application, and she suggested the date of my residency visa, but I have also been informed separately that the twelve month limit is based on date of entry, despite the wording of the DirectGov website. I am hoping to apply for a student visa in September as I am due to begin a PhD course. The application requires me to disclose driving offences such as driving without a licence and I worry that the Home Office will refuse my application on the basis of 'poor character'. I would therefore appreciate any knowledge you can offer regarding the matter. When should I request legal assistance? Should it be after receiving the NIP in the post or after I have initially attended court regarding the speeding ticket? If I refute the NIP, must I still complete the S172 form? Would this not implicate me as the driver and prove self-incriminating? I have stopped driving in the meantime and am going to be giving my car away to avoid any future worry. Thanks for your time.
â€¢Check the officer did pre and post tour of duty calibration checks.
â€¢Check the officer used the device within the range abilities of that particular device
My partner has recieved an NIP report date of 11th Feb, whilst driving a hire car, ( so the 14 day rule dosent apply ) But she was not stopped or caught on cam, the only thing she can remember is a plain white vauxhall hatch, on the M40 overtook her with 2 young men in, in plain clothes, and one of them waved a card at her. Can you advise if this stands.
Have recieved a fixed penalty notice that i don't believe i was guilty of doing the claimed speed i am being accused of.
Also the Officer hasn't put the correct registration of the vehicle in question on the ticket.
Would just like to seek some advice on taking the matter to court.
hi iv just had a speed camera through my door. So i ask them for proof and thay sent my 3 photos. But only 1 photo had me doing 35 in a 30 the first 1 is just the veichile the second 1 ad me doing 35 an the third 1 theres nothing again. PS can u please can help me an tell me if thats right.
Hi emma I contacted you last year. I ended up defending myself as i could not afford to hire your services. Despite the fact that I had a Tom Tom in my car and I have since surveyed the road, the court still found me guilty after looking at the evidence. The court fined me Â£215. Do you think thats fair when when I see in the paper this week that burglary is only Â£147 and violence Â£210 is there any point in appealing as I have paid the fine.
I received a Reqisition Notice from x constabulary to appear before x Magistrates, x on x May 2010.
The following Documents and copies were attached with the Requisition pack.
(1) Charge(s) - On Sunday morning driving at 47 MPH speed in excess of 30 miles per hour on a restricted road . Caught on speed camara.
(2) Notice Of Intended Prosecution â€“ Completed and returned by them.
(3) Notice of Intended Prosecution â€“ Addressed to the Company Secretary. 16th Nov 09. (Not received).
Reminder Notice sent out 17th Dec 09, addressed to the Company Secretary. Signed by me and returned identifying myself as the driver.
(4) Notice of Intended Prosecution â€“ Signed and returned confirming I was the driver on 14th Jan 10.
(5) I have received no further correspondence before receiving the Requisition documents at the end of March.
(6) I telephoned x
Manager, Criminal Justice Unit
She advised me that I had failed to send accept a conditional offer. I advised her that I had not received an offer and she sent me a copy by email. I have not previously received this offer. Apparently it is now too late for the conditional offer and it has been withdrawn.
(7) Within the Requisition papers there is an option to plead guilty and it suggests that a fine of Â£45 is applied. This may be on top of a fixed penalty plus 3 points, or is the fine could be open ended.
(8) My last fixed penalty was in July 05 so I currently do not have any points on my licence.
Please provide the free answer to my question, which is? What is the financial risk of pleading not guilty, including solicitors fees?
How do I check the following
â€¢Check the officer did pre and post tour of duty calibration checks.
â€¢Check the officer used the device within the range abilities of that particular device
If you have a court hearing date call 01626 359800