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My court summons came though today...

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Groove
World Chat Champion



Joined: 10 Feb 2005
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PostPosted: 23:48 - 24 Jan 2007    Post subject: My court summons came though today... Reply with quote

Well, it was 7 weeks ago now and i started gettin excited about nothing happening, oh well! Confused

Anyway, this is whats been sent:

letter 1 wrote:

Blah blah blah
Drove a mechanically propelled vehicle,
namely Honda index **** ***,
On a road Namely A***
without
due care and attention

At 2:10PM on **/12*2006
the defendant drove Honda Motorcycle
index **** ***
On A***
without due care and attention in that
the defendant was travvelling at excess
speed of 107MPH in a 70MPH limit
and was observed undertaking two
vehicles at speeds in excess of 80mph
with little regard to other road users


letter 2 wrote:

blah blah blah
On a dual carrigeway road namely A***
at a speed exceeding 70MPH
Not detected by automatic camera.

At 2:10PM on **/12/2006 the defendant
drove Honda motorcycle index **** ***
on A***
a dual carriageway, at a speed exceeding
the legal limit of 70MPH.
The speed recorded by means of police
vehicles speedometer
was 107MPH
MPH for a distance of 0.5 miles


So, im going to be pleading not guilty.

When do i ask for their evidence? And what else should i do from now?

Whats my chances?

PS: Ive already got 3 points...

Thumbs Up
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McGee
O RLY?



Joined: 24 Jun 2005
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PostPosted: 23:50 - 24 Jan 2007    Post subject: Reply with quote

Best of luck Thumbs Up

Kind of gutted I can't help Neutral
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Its pronounced Jixxer!
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wilbur
Traffic Copper



Joined: 20 Sep 2006
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PostPosted: 23:56 - 24 Jan 2007    Post subject: Reply with quote

Sounds like your only chance is if they screwed up on the rules. Did you get arrested and correct warning ?

You can contest the accuracy of the equipment.

You can employ an expensive expert who will probably get you off.

If you are a poor pleb like me then I think you will have to accept a ban.
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Ariel Badger
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Joined: 02 Dec 2006
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PostPosted: 23:59 - 24 Jan 2007    Post subject: Reply with quote

On what grounds are you going to plead not guilty? They got you on film.
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shworth
Borekit Bruiser



Joined: 22 Jan 2006
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PostPosted: 00:10 - 25 Jan 2007    Post subject: Reply with quote

I thought over a ton was an instant ban and bend over for bubba? Shocked
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Silver
World Chat Champion



Joined: 03 Oct 2004
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PostPosted: 00:14 - 25 Jan 2007    Post subject: Reply with quote

shworth wrote:
I thought over a ton was an instant ban and bend over for bubba? Shocked


Nope.
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 00:20 - 25 Jan 2007    Post subject: Reply with quote

You can probably try to fight the DCA charge on the basis that undertaking isn't actually illegal as such. They have to show that your standard of driving fell below what would be considered acceptable (or you would have to prove it wasn't).

In reality, they will take the coppers word for it. In fact, they might even make it stick on the speed alone.

Sounds like they have you bang to rights over the speeding.

Short of some unforseen technicality such as nobody having calibrated the speedo (and I bet the speed at which a calibration cert suddenly miraculously appears with the ink still wet would be frightening), I reckon you're screwed.

Take professional legal advice.
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SimonB
Brolly Dolly



Joined: 23 Sep 2005
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PostPosted: 00:21 - 25 Jan 2007    Post subject: Reply with quote

I would go and find a solicitor that can provide free advice and give you a recommendation of your next course of action.
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cestrian
World Chat Champion



Joined: 24 Jul 2006
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PostPosted: 00:21 - 25 Jan 2007    Post subject: Reply with quote

What type of vehicle was he/she driving? Traffic car with calibrated speedo or a panda car with a speedo that tells lies?

G
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wilbur
Traffic Copper



Joined: 20 Sep 2006
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PostPosted: 00:23 - 25 Jan 2007    Post subject: Reply with quote

Quote:
Nope.


In reality it probably will be.

107 hmmmm

No chance unless the police fucked up.
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 00:23 - 25 Jan 2007    Post subject: Reply with quote

cestrian wrote:
What type of vehicle was he/she driving? Traffic car with calibrated speedo or a panda car with a speedo that tells lies?

G


A panda car that can keep up with a bike filtering up the inside at 107mph? Laughing
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wilbur
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Joined: 20 Sep 2006
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PostPosted: 00:26 - 25 Jan 2007    Post subject: Reply with quote

Bad luck but it looks like you are bang to rights.

We know the rules, it is our risk if we break them.
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wilbur
Traffic Copper



Joined: 20 Sep 2006
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PostPosted: 00:30 - 25 Jan 2007    Post subject: Reply with quote

To be honest I'd never hit 100 except on an empty road.

Or possibly a motorway where the traffic is moving stupidly fast.
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CortezTheKill...
Could Be A Chat Bot



Joined: 19 Sep 2006
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PostPosted: 00:33 - 25 Jan 2007    Post subject: Reply with quote

SimonB wrote:
I would go and find a solicitor that can provide free advice.


Though you may have a better chance of finding Lord Lucan.
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Groove
World Chat Champion



Joined: 10 Feb 2005
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PostPosted: 00:39 - 25 Jan 2007    Post subject: Reply with quote

Wilbur: Did you get arrested and correct warning ?

I got a interview under caution in the back of the car.

1930 Ariel: On what grounds are you going to plead not guilty? They got you on film.

Can i ask to see this? Theres been no mention...

Stinkwheel: Short of some unforseen technicality such as nobody having calibrated the speedo

I was shown the sticker on the speedo saying it was calibrated when i asked how and what proof he had of my speed.

Cestrian: What type of vehicle was [b]he/she driving?[/b]

A big fuck off traffic land rover Laughing started behind me about a mile he said when i joined from sliproad. He managed to get right up my arse (could barely see one headlight in my mirrors) and he said the car was electronically restricted to 110mph or so (cant remember exactly) but surely he would have been quite far away still as it would take a loooooong time to catch me up when my speed was aparently an average of 107mph?

Oh and it was just one guy if that means anything?
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Silver
World Chat Champion



Joined: 03 Oct 2004
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PostPosted: 00:40 - 25 Jan 2007    Post subject: Reply with quote

wilbur wrote:
In reality it probably will be.

107 hmmmm

No chance unless the police fucked up.


If it was then he wouldn't be going to court. I've gone to court for an average speed of 108.2mph over two miles and walked away with my licence.
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 00:45 - 25 Jan 2007    Post subject: Reply with quote

Hi

You can see the video evidence, but only if you plead not guilty.

Realistically best to go and get some professional advice. Or at least pop along to Pepipoo.

30 over the limit is the point where a ban is to be strongly considered.

All the best

Keith
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wilbur
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Joined: 20 Sep 2006
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PostPosted: 00:48 - 25 Jan 2007    Post subject: Reply with quote

Quote:

If it was then he wouldn't be going to court. I've gone to court for an average speed of 108.2mph over two miles and walked away with my licence.


Good for you, well done.

Anything over 100 is now a ban.

Look back at my past posts as to how to deal with the courts.

Good luck you'll need it.

Over two miles you can debate. But its getting more and more difficult.
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Grav
World Chat Champion



Joined: 12 Jul 2004
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PostPosted: 00:51 - 25 Jan 2007    Post subject: Reply with quote

Seek professional advice but I reckon you are staring a 6 month ban and a hefty fine in the face which could possibly be a lot more if you plead not guilty and lose.

A decent Brief will tell you to admit the speeding while he tries to get you off on the due care.

Best of luck to you.
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 00:52 - 25 Jan 2007    Post subject: Reply with quote

wilbur wrote:
Anything over 100 is now a ban.


No it is not. Just to be strongly considered.

All the best

Keith
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Silver
World Chat Champion



Joined: 03 Oct 2004
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PostPosted: 00:54 - 25 Jan 2007    Post subject: Reply with quote

wilbur wrote:
Anything over 100 is now a ban.


Since when (genuine question)? I'd be interested in reading that if you have an online reference?

wilbur wrote:
Over two miles you can debate. But its getting more and more difficult.


Unlikely: "I accidently blipped the throttle for two miles plus, your honour!" ?

Average speed is harder to argue against because the chances are that you would have exceeded even that speed at some point, and two miles is not an overly short distance so it's hardly a 'momentary lack of concentration' or some such excuse.

Anyway, it's not something I'd recommend and I don't fancy trying it again. Good luck Groove, you may well need it...
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Groove
World Chat Champion



Joined: 10 Feb 2005
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PostPosted: 00:56 - 25 Jan 2007    Post subject: Reply with quote

Also forgot to mention. I was on the way back from work making progress to see my mother before she went in to hospital to have her first opterations for breast cancer.

Which was explained at the time.
____________________
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st3v3
Super Spammer



Joined: 16 Oct 2006
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PostPosted: 00:58 - 25 Jan 2007    Post subject: Reply with quote

Quote:
Unlikely: "I accidently blipped the throttle for two miles plus, your honour!" ?


You could say the vehicle was OK when you pre-inspected it Wink before you rode, but th throttle stuck on, and you slowed right down as soon as possible. Laughing
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McGee
O RLY?



Joined: 24 Jun 2005
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PostPosted: 01:01 - 25 Jan 2007    Post subject: Reply with quote

st3v3 wrote:

You could say the vehicle was OK when you pre-inspected it Wink before you rode, but th throttle stuck on, and you slowed right down as soon as possible. Laughing


Its called a clutch and a kill switch Thumbs Up
____________________
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Its pronounced Jixxer!
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jimbothe
World Chat Champion



Joined: 29 Sep 2006
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PostPosted: 01:02 - 25 Jan 2007    Post subject: Reply with quote

A very good friend of mine was caught doing 104mph in a 70 zone (car) and walked away with 9 points and a 400.00 fine plus 40.00 costs.


He had a clean licence up until then and pleaded guilty to the charge but stated he would lose his job if he was to lose his licence and got his boss to give a written statement to back him up.
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