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Got my summons through today (help)

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Dr Nick
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Joined: 20 Jun 2003
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PostPosted: 20:14 - 01 Oct 2004    Post subject: Got my summons through today (help) Reply with quote

I got my summons through today, it says that i was caught speeding on a certain road, but doesnt say anything about the speed, could there be a possibilty that the speed gun was faulty and they could bluff me into saying guilty etc

thanks
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m99dws
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Joined: 09 Jun 2004
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PostPosted: 21:47 - 01 Oct 2004    Post subject: Re: Got my summons through today (help) Reply with quote

Dr Nick wrote:
I got my summons through today, it says that i was caught speeding on a certain road, but doesnt say anything about the speed, could there be a possibilty that the speed gun was faulty and they could bluff me into saying guilty etc

thanks


I have no idea on the circumstances of your summons, but with the vague information you have supplied I have no alternative but to say you are screwed. Maybe you can add some details?
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 21:54 - 01 Oct 2004    Post subject: Reply with quote

Did you sign the NIP? Any more details about it?
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Dr Nick
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PostPosted: 22:05 - 01 Oct 2004    Post subject: Reply with quote

On the 8th august i was caught speeding on an industrial estate, doing 66mph in a 30. I signed the NIP, and was told i would receive a summons as i was going 30mph over the limit.

This morning i got my summons, court date is 28th october, all it says that on a restricted road i was going 30mph over the limit, nothing about the 66. I asked Bonny about his summons and apparently his had the speed he was doing on it, though i was caught by a traffic copper with a speed gun, and he was caught by a van i think.

Just wondering why they haven't put 66 on the summons, could the gun be faulty or something, if then all they need is me sending the summons back with guilty on it then they don't need the evidence.

Not sure what to do, can i ask to see the evidence?

Thanks
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MattEMulsion
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PostPosted: 09:07 - 02 Oct 2004    Post subject: Reply with quote

Surely if you have got a summons through, then you are required to attend court no matter what. Does it say that you can send the summons back pleading guilty with it? I don't know know but I doubt it. Doing 66mph in a 30mph zone is a pretty serious offence, i.e. its more than double the speed limit and they want to see you up before the judge for it. I think you are very unlikely to find a loophole/mistake that will allow you to get away with it, but I recommend you get some legal advice anyway to try to help you to minimise your punishment anyway.
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tgabber
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Joined: 03 Jun 2004
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PostPosted: 11:48 - 02 Oct 2004    Post subject: Reply with quote

Having just been the recipient of a NIP myself I've been doing a fair amount of reseach into this.

First of all though, you should consider this. Do you know if you were doing approximately the speed they claim? If so, and particularly given Bonny's example, you might be best just to put your hands up, and make an appropriate plea in mitigation.

If you do decide to fight it then yes you are legally entitled to see all the evidence against you. If after reviewing this evidence you want to change your mind you can still plead guilty in court. The problem sometimes is getting the CPS to supply the evidence in good time prior to the court date.

Also be aware that even if you think you've found holes in the evidence, a magistrate's court will usually just rubber stamp your conviction anyway unless the mistake you've found is a glaring one (and even then the magistrates can appear deaf, blind and dumb). So any challenge usually has to be done on appeal in a 'proper' court and costs a significant amount of time and money - a lot more money than you could normally expect in a fine. Confused

(All of this IMHO)
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Visitor Q
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Joined: 30 Apr 2004
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PostPosted: 12:11 - 02 Oct 2004    Post subject: Reply with quote

For general information. I was caught by a copper with a speed gun.

his statement was along the lines of

'At 1 oclock i was stationg on road X at time X, at time XY i did spot a suzuki motorvehicle travelling in what i considered to be above the speed limit. I aimed the gun (lastec xyzxyzxyz mk:xyz) at the vehicle and since i had calibrated the device earlier i was sure i hit the right target. I did measure the speed of 73 mph so pressed the button for the evidence to be put onto photographic film'

All that kinda guff. But the funny thing is they didnt even bother reading that in court. When my 'facts' were read out they just said, 'Mr A was riding a suzuki motorvehicle in excess of the 30mph limit contravening s.X of the road traffic act, he was measured doing 73 mph. Was it a car or motorcycle since it doesnt say?'

In my opinion, hold your hands up, say you were being a bit of a muppet BUT the road was CLEAR AND THERE WERE NO PEDESTRIANS!!!!!!!!!!. Hopefully the coppers statement wont be read out, and even if they do i imagine at that time in an industrial estate it was pretty quiet. Say you realised you were a bit in excess and for that i do think 'you twat' etc.

Saying it was clear so it was safe would probs annoy them.

But anyway if they dont have you for a fixed speed im not sure what power they have. It may be easier to just say yes i was speeding then to try and argue as this would nark em off a tad.
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scaniaman
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Joined: 04 Sep 2004
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PostPosted: 17:36 - 02 Oct 2004    Post subject: speeding Reply with quote

your summons does not need to say what speed you were doing as it is logged already by what the copper has reported all you can do now is hold your hands up if you oppose it you will end up worse off believe me got the t-shirt Crying or Very sad Crying or Very sad
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Ste
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Joined: 01 Sep 2002
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PostPosted: 18:10 - 02 Oct 2004    Post subject: Reply with quote

They probably don't bother reading all the long statements and facts out as everyone in the court will have already read them through and be aware of what is going on.

Believe there is a good chance if you send it all back holding your hands up to it then there won't be a need for you to attend the court hearing as you don't really have anything to add to it. Also if you piss them off by argueing it in court when it was a fair cop and you were caught fair and square then you'll just wind them up more and they're likely to be quite harsh.
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