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Caught speeding please help........

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glynger
L Plate Warrior



Joined: 09 May 2006
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PostPosted: 20:10 - 09 May 2006    Post subject: Caught speeding please help........ Reply with quote

Before i start, yes i know how stupid i was. I've only ever had 3 points before, which are due to come off this summer.......

Right the problem....... Just got caught on gatso doing 68 in a 30!!!! It was a big wide road at 1:30 in the morning no cars around. lack of concentration blipped the throttle, then flash. I'm fecked, I'm gonna get banned aren't i.....??

Does anyone have any ideas???


Last edited by glynger on 12:56 - 10 May 2006; edited 2 times in total
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Hex
Party Boy



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PostPosted: 20:13 - 09 May 2006    Post subject: Reply with quote

Go burn it down now before the film gets taken out of it.

Otherwise bend over, and you may want to lube up first.

www.pepipoo.com
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Mrs Kickstart
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PostPosted: 20:14 - 09 May 2006    Post subject: Reply with quote

Hi,

Go to pepipoo for some decent and comprehensive advice on possible actions to take.

There is every chance you would not get banned for an alleged speeding offence as I am sure your speedo over reads.

regards
C
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Last edited by Mrs Kickstart on 20:18 - 09 May 2006; edited 1 time in total
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Richy
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Joined: 10 May 2005
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PostPosted: 20:17 - 09 May 2006    Post subject: Reply with quote

Unfortunately a lot of the 'dodges' wont work because you were 38mph over the limit, they are much more willing to let it go if you were going 40 in a 30 say. Also I think its an automatic ban if you are 27 or more mph over the limit?

All the same, go through the usuals; calibration certificate, request photographic evidence etc...

best of luck Thumbs Up
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carlnicholson...
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PostPosted: 20:20 - 09 May 2006    Post subject: Reply with quote

I got flashed doing 60 in a 40. That was 4 years ago and I have heard nothing yet!

I wouldn't go getting all worked up just yet. I take it you have had your licence for less than two years? Is there no chance of the other three points coming off before these three go on? I'm sure the system could be 'delayed' a little if you needed to stretch it out a bit!
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glynger
L Plate Warrior



Joined: 09 May 2006
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PostPosted: 20:21 - 09 May 2006    Post subject: Reply with quote

I'm up for the high jump arnt i?

Does anybody know of anyone else in a similar situation?
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Mrs Kickstart
Brolly Dolly



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PostPosted: 20:23 - 09 May 2006    Post subject: Reply with quote

Hi,

The total points (6 in 2 years of test or 12 in 3 years) are baised on the time of the offence.

You are not entiltled to (or will get) evidence unless you plead not guilty so you need to be careful on the way.

Photos are sometime released to aid driver idenitifcation put that also has it pitfalls (the driver may not want to be identified)

Main thing is dont panic and rush into anything.

Regards
C
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glynger
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Joined: 09 May 2006
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PostPosted: 20:23 - 09 May 2006    Post subject: Reply with quote

Ive already got the letter sitting on the table, they are wait for me to sign and send it back....

ive had my license for 5 years, this must be a ban, going that fast?
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Mrs Kickstart
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PostPosted: 20:24 - 09 May 2006    Post subject: Reply with quote

Dont fill it in yet !
read your PM !
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glynger
L Plate Warrior



Joined: 09 May 2006
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PostPosted: 20:29 - 09 May 2006    Post subject: Reply with quote

it was less than 2 weeks ago since it happen got the letter today. standard asking me to confirm its me, sort of thing.

what should i do?



You really a traffic cop???????????

G


Last edited by glynger on 20:49 - 09 May 2006; edited 1 time in total
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Wave2k
G's Stalker



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PostPosted: 20:31 - 09 May 2006    Post subject: Reply with quote

your only choice is to smash the gatso up
and if i got caught doing 68 in a 30 it would be a serious possibility.
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MattEMulsion
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PostPosted: 20:35 - 09 May 2006    Post subject: Reply with quote

Well the 6 point rule doesn't count if you've had your licence for 5 years. Presumably you've got a Notice of Intended Prosecution that states you were doing 68mph. I also assume that it doesn't make a conditional offer of points and a fine, ie they want you to attend the court (once you have identified the rider and sent it back).

I can't really offer you any advice on what to do, but a lot of people rave about the Pepipoo site which has already been linked above, so have a good look at that and see what you can come up with. Also listen to other peoples advice on here as I am sure there will be others who have faced the same situation that you are currently staring at. I wish you the best of luck.
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Mrs Kickstart
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PostPosted: 20:36 - 09 May 2006    Post subject: Reply with quote

Hi,

You should not fill it in until you know all the information I really can be bothered to repeat the pepipoo information in here as its very extensive.

The alleged driver may well be able to avoid any points at all.

Regards
Charlotte
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glynger
L Plate Warrior



Joined: 09 May 2006
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PostPosted: 20:41 - 09 May 2006    Post subject: Reply with quote

Thanks guys, gonna take a nose at the PePiPoo site.
If anyone has any other advice thanks again. this is all new to me and i'm $hitting it about them throwing the book at me. Points i can live with (just) a ban this summer will be like cutting my legs off....

BAaaAhHhhhh.... Crap..!
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Lawnie
Nearly there...



Joined: 23 Apr 2006
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PostPosted: 20:48 - 09 May 2006    Post subject: Reply with quote

Dare I say that this still wont be the last time you speed?
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NicM
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Joined: 28 Sep 2005
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PostPosted: 20:56 - 09 May 2006    Post subject: Reply with quote

Could always try what a friend did after he took some advice....

Rather than sign the letter admitting it he sent them a separate letter stating along the line that the identification mark shown on the bike in question was the same as his bike however he could not confirm that that was his bike or that it was hime riding it. As it was not on the official form and it wasn't an admittance of guilt they were unable to do him.... something along the lines of the letter was in admissable in court and number plates can easily be copied hence he couldn't be sure.

Failing that go to court and plead with the judge as to how stupid your actions were and how remorseful you are blah, blah, blah and that it was just down to a loss of concentration etc and how you are ashamed of that one incident in an otherwise relatively clear driving history....
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Stu_666
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PostPosted: 22:41 - 09 May 2006    Post subject: Reply with quote

Bit off topic, but it really pisses me off when people try and worm their way out of speeding fines. I get them come through at work (no I don't work for the police before anyone gets their gun out Razz ) where people try and come out with loads of phony excuses and laws which just wastes more taxpayers time in having to deal with them.

Obviously I'm all for people contesting cases where they think there could be an issue that they were'nt speeding, but if you get caught then I think you should accept it and the consequences.

Should also be more harsher laws for people who speed in 30 and 40 zones without giving a shit for pedestrians and other road users. Above those limits and out of town then I'm not too bothered.
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Mrs Kickstart
Brolly Dolly



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PostPosted: 22:48 - 09 May 2006    Post subject: Reply with quote

Hi,

There is a difference between worming and expecting the law to reach a equal standard for all offences. Part of the current problems include the they have no proof of the driver unless they self incriminate, a central part of our justice system which should not be allowed to be eroded.

Also speed camera do not improve road safety. The some accidents will be caused by inappropriate speed but that has nothing to do with limit set years ago and having nothing in common with todays cars roads and people.

not belive the hype road safety is not all about speed its about the quality of the road users (that includes pedestrians)

Regards
C
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GBUK101
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Joined: 26 Jun 2005
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PostPosted: 22:57 - 09 May 2006    Post subject: From MCN Reply with quote

If the Registered keeper is not the driver, he should complete, sign and return the NIP naming the driver. Then, when the named driver subsequently receives their NIP, they may wish to use the following procedure.

However, if the Registered Keeper was driving at the time of the alleged offence, there is nothing preventing them from completing a similar witness statement.

It is advisable to write on the blank and uncompleted NIP/S172 notice only the following words: “Please see the attached” - then attach it to the following statement and return them both via Special Delivery.

WITNESS STATEMENT
(C.J. Act 1967, s9 MC Act 1980, ss. 5A (3a) and 5B. M.C. Rules 1981, r70)

Name:........................... Occupation:................

D.o.B:........................... Over 18
_____________________________________________________________________
This statement consisting of 1 page and attached NIP/ S 172 Notice is true to the best of my knowledge and belief and I make it knowing that if it is tendered in evidence I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

Dated....................... Signed................................
_____________________________________________________________________

Their Ref: NIP reference number
Vehicle registration number

Dear Chief Constable,

Further to the above Notice of Intended Prosecution: I confirm that the following individual was driving the above vehicle at the time of the alleged motoring offence:

ALL OF THE DETAILS REQUIRED ON THE NIP – name, address, date of birth, driver number etc. etc.

As this statement is provided under threat of criminal penalty [Funke v France] and as I have not received the caution required by paragraph 10.1 of PACE Code C [Mawdesley -v- the Chief Constable of Cheshire [2004] 1 All E.R. 58], I make this statement on the express understanding that it shall not be used or disclosed in any proceedings of whatever nature against myself.

Yours sincerely,

Signature of driver

Name of Driver
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Last edited by GBUK101 on 23:00 - 09 May 2006; edited 2 times in total
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Ted
World Chat Champion



Joined: 26 Mar 2006
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PostPosted: 22:59 - 09 May 2006    Post subject: Reply with quote

Search online for an article printed in MCN on 05-04-06 (page 4)... I'll see if I can.. if not I'll type up the important bits...
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Ted
World Chat Champion



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PostPosted: 23:00 - 09 May 2006    Post subject: Reply with quote

erm... dude before me got it...
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Kickstart
The Oracle



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PostPosted: 23:04 - 09 May 2006    Post subject: Reply with quote

Hi

First thing I would say is be careful what you say on any internet forum. It is not unknown for the prosecution to turn up in court with prints of replies by the defendent to use as evidence.

If you do get taken to court and found guilty for 68 in a 30 then it will almost certainly be a ban, although there is a good chance that by the time they take you to court the summer will be over.

Think you really need a good look through Pepipoo (remember to be a bit non specific about the location, vehicle and maybe exact speed) and find someone to give you some professional legal advice.

Stu_666 wrote:
where people try and come out with loads of phony excuses and laws which just wastes more taxpayers time in having to deal with them.


If you are concerned with wasting tax payers money then get annoyed with those who push the whole speed kills scam and want cameras everywhere.

Stu_666 wrote:
Should also be more harsher laws for people who speed in 30 and 40 zones without giving a shit for pedestrians and other road users.


Possibly, but you are making the massive assumption that 30 and 40 limits are only in places where they make sense.

All the best

Keith
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Ted
World Chat Champion



Joined: 26 Mar 2006
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PostPosted: 23:07 - 09 May 2006    Post subject: Reply with quote

BTW... have they sent you a photo through yet... can you clearly see the bike and rider from it... as well as the reg. plate?
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stivh
Two Stroke Sniffer



Joined: 19 May 2005
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PostPosted: 23:12 - 09 May 2006    Post subject: Reply with quote

Is there not something about getting an official caution in person before you are required to admit or contest guilt?

Also and as an aside to Mrs Kickstart we have two local cameras that were put up due to the usual accidents and high speed cases however all but one of the stated cases involved stolen or unregistered vehicles which kind of defeats the whole object of their position and infact both of them have been collected by speeding vehicles in the last 10 months and surprise, surprise the drivers were never found and the vehicles nicked!

Before that and for the last 30 yrs it was a 70mph zone that is now a 40mph. The locals reckon that the accidents only started to occur when "Joy" riding became the new sport in the late eighties.
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kawakid
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PostPosted: 23:19 - 09 May 2006    Post subject: Reply with quote

You've had your license over 2 years. So you hopefuly you won't have to resit your test.

My mate got a 2 week ban for doing 118 on the A1 or M1.

Another mate got 6 points for going 58 in a 30 (it was a dual carriageway). He got a good brief. Cost about £400, but she was worth it, I had to come to court to drive him because we were told to expect a ban. His wife had recently had a miscariage and his grandfather had died etc... (All true).
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