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Done for speeding - Possible to get off?

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James
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Joined: 25 Feb 2002
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PostPosted: 17:26 - 31 Dec 2005    Post subject: Done for speeding - Possible to get off? Reply with quote

Alright all, was done for speeding on the A64 earlier this week. Was caught at 89mph and stopped by motor patrol T5 with one pig on board. He had no camera in car to take a video or any photogrpahic equipment as it is first thing I asked him.

He is only a constable and only has his judgement and his word to say it was me in his hand held speed gun. I said I thought he was mistaken etc but he was adament it was me in his sights (and to be fair it was). He gave me fixed penalty 3 points and sixty pound fine. I told him I didn't accept it but obviously he gave me ticket anyway and said if it went to court I waive the right to fixed penalty.

What you reckon my chances are in court as technically he has no proof, just his own word? I would be questioning his judgement if it went to court and not his integrity.

Also, when he asked me to sign the ticket to confirm who I am, I unintentionally signed it where he should sign under his name almost over his signature and he didn't even notice. Does an error on ticket such as this make any difference? It also shows he was maybe a bit absent minded that day?

Any comments appreciated so long as they are not, "you shouldn't have been speeding".
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kb-zxr
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PostPosted: 17:29 - 31 Dec 2005    Post subject: Reply with quote

Im not up on the legal stuff, but I imagine in court You vs the policeman the judge will side with the copper (thats if any proof is needed)
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Kickstart
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PostPosted: 17:47 - 31 Dec 2005    Post subject: Reply with quote

Hi

Probably not much chance of getting away with it in that situation. Think that legally they need the corroborated opinion of a police officer, and the speedo / radar gun / another copper counts as that corroboration.

All the best

Keith
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Jamie.
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PostPosted: 17:51 - 31 Dec 2005    Post subject: Reply with quote

i would go and see a solicitor and see what he has to say, alough it may cost you more than the fine and points are worth
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kwacky
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PostPosted: 17:54 - 31 Dec 2005    Post subject: Reply with quote

Take the fine and the points.

If you go to Court and the decision goes against you, given your speed, te Court does have discretion to award more than the 3 points plus a fine plus you'll have a costs order against you, then there's the time off work and the cost of legal representation.
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SimonB
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Joined: 23 Sep 2005
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PostPosted: 18:51 - 31 Dec 2005    Post subject: Reply with quote

My brother went through a very similar thing except that he was accused of doing more than 70 round a roundabout which he wasn't. He denied it and it went to court and the case was dropped due to lack of evidence.

So the best you can do at the moment is see a solicitor.
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MikeH
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PostPosted: 20:12 - 31 Dec 2005    Post subject: Reply with quote

SimonB wrote:

So the best you can do at the moment is see a solicitor.


Agreed, has to be your first call, he should be able to use the ticket error as you've suggested just depends how much it'd cost to prove a point ??!?!?!?! may not be worth it vs the cost of a fixed penalty.

Good Luck Thumbs Up
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meooo
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PostPosted: 21:23 - 31 Dec 2005    Post subject: Reply with quote

I suppose you could try something like this in the future;
--------
An old lady gets pulled over for speeding...
Old Woman: Is there a problem, Officer?
Officer: Ma'am, you were speeding.
Old Woman: Oh, I see.
Officer: Can I see your license please?
Old Woman: I'd give it to you but I don't have one.
Officer: Don't have one?
Old Woman: Lost it, 4 years ago for drunk driving.
Officer: I see...Can I see your vehicle registration papers please.
Old Woman: I can't do that.
Officer: Why not?
Old Woman: I stole this car.
Officer: Stole it?
Old Woman: Yes, and I killed and hacked up the owner.
Officer: You what?
Old Woman: His body parts are in plastic bags in the trunk if you want to see
The Officer looks at the woman and slowly backs away to his car and calls for back up. Within minutes 5 police cars circle the car. A senior officer slowly approaches the car, clasping his half drawn gun.
Officer 2: Ma'am, could you step out of your vehicle please!
The woman steps out of her vehicle.
Old woman: Is there a problem sir?
Officer 2: One of my officers told me that you have stolen this car and murdered the owner.
Old Woman: Murdered the owner?
Officer 2: Yes, could you please open the trunk of your car.
The woman opens the trunk, revealing nothing but an empty trunk.
Officer 2: Is this your car, ma'am?
Old Woman: Yes, here are the registration papers.
The officer is quite stunned.
Officer 2: One of my officers claims that you do not have a driving licence.
The woman roots about in her clutch purse and hands it to the officer.

The officer examines the license. He looks quite puzzled.

Officer 2: Thank you ma'am, one of my officers told me you didn't have a license, that you stole this car, and that you murdered and hacked up the owner.

Old Woman: Bet the lying bastard told you I was speeding, too.

Don't Mess With Old Ladies
(or ANY LADY)!!



Ok wrong forum!
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philcxiv
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PostPosted: 22:20 - 31 Dec 2005    Post subject: Reply with quote

if it comes to it I'm sure any mobile gatso or camera has to be calibrated everytime the vehicle is moved so asking for the calabration caertificate for that day and time? dont quote me on it but there is something like that.....
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doggone
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PostPosted: 22:43 - 31 Dec 2005    Post subject: Reply with quote

Unless you already have a worrying number of points just pay up and take it.
The points come off in 3 years anyway.
89mph is not borderline.
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Zimbo
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PostPosted: 10:16 - 01 Jan 2006    Post subject: Reply with quote

A traffic policeman on his own is still considered an expert witness by the court, and the chances are you'll get convicted anyway, and quite possibly get away with more points (4 - 6) and a much bigger fine. If I was you I'd take it, but see a solicitor if you feel you've a chance. Good luck!
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.....
Quote Me Happy



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PostPosted: 10:48 - 01 Jan 2006    Post subject: Reply with quote

Probably worth asking on www.pepipoo.com.

Check the forums there.
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Jack_Cheese
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PostPosted: 12:15 - 01 Jan 2006    Post subject: Reply with quote

philcxiv wrote:
if it comes to it I'm sure any mobile gatso or camera has to be calibrated everytime the vehicle is moved so asking for the calabration caertificate for that day and time? dont quote me on it but there is something like that.....


That's the car's speedo for when they're following you. if they keep at a fairly constant distance, and you're speeding beyond reasonable doubt, they can pull you using their speedo as evidence.

If he has no hard evidence to produce in the court room, you're scot free Thumbs Up

Jack
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mrchips
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PostPosted: 13:29 - 01 Jan 2006    Post subject: Reply with quote

You were caught fair and square. Take it on the chin unless you need a clean license for your job.
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sickpup
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PostPosted: 17:09 - 01 Jan 2006    Post subject: Reply with quote

Jack_Cheese wrote:


If he has no hard evidence to produce in the court room, you're scot free Thumbs Up

Jack


Not so sure about this.
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James
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PostPosted: 17:11 - 01 Jan 2006    Post subject: Reply with quote

Thanks for the opinions folks, I think I may have to take it on the chin having thought some more about it.

Quote:
If he has no hard evidence to produce in the court room, you're scot free

Thats what i though. The evidence he will have is maybe a print out of a speed and time from a speed gun (but without a photo so it could be from any car) and his word that it was me...
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Jack_Cheese
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PostPosted: 18:22 - 01 Jan 2006    Post subject: Reply with quote

James wrote:
Thanks for the opinions folks, I think I may have to take it on the chin having thought some more about it.

Quote:
If he has no hard evidence to produce in the court room, you're scot free

Thats what i though. The evidence he will have is maybe a print out of a speed and time from a speed gun (but without a photo so it could be from any car) and his word that it was me...


Don't the speed guns take a picture of your bike, too? I'm fairly certain that it takes a photo with the crosshairs on, so they can prove they got your numberplate. That's another technicality, the guideline for the gun says it must be aimed at the license plate. If it hit your tyre, it could have over-read, showing double your actual speed.

Jack
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sickpup
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PostPosted: 18:33 - 01 Jan 2006    Post subject: Reply with quote

Jack_Cheese wrote:

Don't the speed guns take a picture of your bike, too?
No.

I'm fairly certain that it takes a photo with the crosshairs on, so they can prove they got your numberplate.Thats not a hand held speed gun.

That's another technicality, the guideline for the gun says it must be aimed at the license plate. If it hit your tyre, it could have over-read, showing double your actual speed.Not double the speed but yes it could be out by a small margin.

Jack


Jack

I hate to seem rude but the advice you're giving in this thread seems to be largely erroneous at best.

The only advice that should be being given is yes there are loopholes, consult a solicitor.
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Jack_Cheese
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PostPosted: 18:39 - 01 Jan 2006    Post subject: Reply with quote

The top of the tyre travels at twice the speed of the bike, while the bottom of the tyre is stationary.

Jack
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sickpup
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PostPosted: 18:43 - 01 Jan 2006    Post subject: Reply with quote

Jack_Cheese wrote:
The top of the tyre travels at twice the speed of the bike, while the bottom of the tyre is stationary.

Jack


And this is why you shouldn't be giving advice in this thread.
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Kickstart
The Oracle



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PostPosted: 18:44 - 01 Jan 2006    Post subject: Reply with quote

Jack_Cheese wrote:
The top of the tyre travels at twice the speed of the bike, while the bottom of the tyre is stationary.


Very true, but courts long ago accepted that speed guns are accurate and refuse to believe that a reading can be junk without very high levels of proof (and it is easy to get a false reading from the radar and laser guns).

All the best

Keith
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Jack_Cheese
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PostPosted: 18:44 - 01 Jan 2006    Post subject: Reply with quote

if the bottom wasn't stationary, you'd have some pretty funky wheelspin going on there....

Jack
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sickpup
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PostPosted: 18:46 - 01 Jan 2006    Post subject: Reply with quote

Jack_Cheese wrote:
if the bottom wasn't stationary, you'd have some pretty funky wheelspin going on there....

Jack


If only wheel speed was being measured your arguement would be valid.
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Jack_Cheese
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PostPosted: 18:49 - 01 Jan 2006    Post subject: Reply with quote

sickpup wrote:
Jack_Cheese wrote:
if the bottom wasn't stationary, you'd have some pretty funky wheelspin going on there....

Jack


If only wheel speed was being measured your arguement would be valid.


Referring to my original post, if the gun was aimed at the tyre, it could over-read to twice the bikes speed. Pretty unlikely, as the top of the tyre is normally hidden by the numberplate.
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Kickstart
The Oracle



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PostPosted: 18:49 - 01 Jan 2006    Post subject: Reply with quote

Hi

Depends where the laser is targetted, and quite easy for it to get the top of a wheel spoke (nice and reflective depending on the wheel design) for a seriously high reading (not quite double the bike speed).

All the best

Keith
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