please help re: speeding tickets

[patdavies]

I am sorry that you have failed to get any of your 3 offences discharged but a lot of the above is misleading.

Cameras are calibrated in line with the individual type approval. This lays down the necessary accuracy. Calibration is normally annual and you can request a copy of the calibration certificate if your case goes to court.

The calibration is very accurate. The trigger threshold is set by the operator and this is normally 10% +2 above the limit.

If your vehicle triggers a camera, the Registered Keeper must be served with a Notice of Intended Prosecution within 14 days, not including the day of the alleged offence. If this is not done then any prosecution must fail unless the Police can show valid reason as to why it was not possible (V5 not or recently updated, etc. - slow post is not a valid reason)

Unless you already have 9 points or the speed is seen as excessive, you will be offered a fixed oenatly of £60 + 3 points. If the speed is not too high (ie 36 in 30 limit) then some Police forces will offer a Speed Awareness Course. These typically cost £70 - £100 but you don't get any points. You can only attend one course in 3 years. There is no right to be offered this course.

There are many grounds for 'getting off', not least of which is the failure of the CPS to put their case together properly. You have no right to see any of the evidence unless, and until, you enter a plea of not guilty to the Court.

The law states that you must not speed and prescribes penalties if ypu are caught. however, the law requires a certain conduct on the enforcing and prosecuting authorities. It is not 'getting off' if they fail to follow the law in their enforcement/prosecution.

[Dr.Shoe]

Fixed penalty, 3 points and £60. That's if the authorities bother.

I can't count the times I've been flashed, (I'm a trucker) and I've only been done once in 20 years. That's not to say I'm base about it because I normally drive in the llimit but you do get caught out sometimes.

[strangewayofsavin]

Hi Pat, a few months ago, as stated I had a NIP come through after about 17 days ish, I phoned the camera partnership, and stated it was after the 14 days, her reply was that if the registered keeper (lease company), recieved a NIP, they had 14 days to reply by accepting the allegded offence, or nominate the lease holder, who in turn has 14 days to accept or nominate the driver, I then in turn have 14 days. If I was to return the NIP as not being the driver the 14 days would start again, asking if this could be ongoing, she told me she would have to refer it to her upline manager. On one of my other incident's which was by a radar gun, I was able to ask for evidence, after 7 days a letter containing a piccy of me sitting in the vehicle arrived via registered post. Also when my partner was caught allegdedly speeding, she was given the chance to attend a speed awarness workshop, whilst there she asked why I had not been allowed to attend a workshop, the answer was "He was probably going over 40mph, so he does not qualify".

[patdavies]

Originally Posted by strangewayofsavin'

Hi Pat, a few months ago, as stated I had a NIP come through after about 17 days ish, I phoned the camera partnership, and stated it was after the 14 days, her reply was that if the registered keeper (lease company), recieved a NIP, they had 14 days to reply by accepting the allegded offence, or nominate the lease holder, who in turn has 14 days to accept or nominate the driver, I then in turn have 14 days.

Well she was talking absolute bollox!

The prescribed time, in law, for the return of the informatoion is 28 days for the date of service. The first NIP, and only the first, must be sent to the RK within 14 days of the alleged offence.

[jobloggs]

Just a word of advice regardign this momentary lapse, we all loose concentration arguement.
If you coem out with ose kinds of staements in court, you are basically admitting driving wthout due care and attention. whilst they cant do you for that qany magistrate will take it into consideration, they woudl muchg rather soemone be honest and admit the offence and tak ewhats coming to them.
If there is a problem in the way in which the offence has been reported then all well and good, very few get through the loopholes though.
Where there are road works, the speed limit is there for a reason, it is for your safety and that of any workforce in the area.
I can assure you bods working out on th eroads have a great deal to say about the avergae driver and thier abilities.
I know o fone company who has had 7 crash cushion strikes this year alone resultign in 6 people being taken to hospital, 6 of these strikes have been on the same stretch of road in broad daylight , in all cases speed was an issue and in all cases driver stated that they had not seen the advance warnings or vehicles or indeed the crash cushion until it was too late.

[ATI]

is 14 days includes weekends?
also if less than 40 MpH can u get away with £60 fine and a course instead of 3 points? am i correct?

[patdavies]

Originally Posted by ATI

is 14 days includes weekends?
also if less than 40 MpH can u get away with £60 fine and a course instead of 3 points? am i correct?

It is 14 calendar days; so it includes weekends and public holidays.

Some areas will offer a speed awareness course if you are only slightly over the limit. (Usually up to 36 mph in a 30). These cost between £70 - £90 and you do not get any points; also you must not have previously attended such a course in the past 3 years.

There is no right to such a course

[jimjamyaha]

There is a way to get out of it, which has been proven recently.

When you receive your notice, the police ask you to admit you were driving, or state who was if it wasn't you. They don't give you your basic human right when facing prosectution which is 'the right to remain silent'.

If you remain silent then it is up to the police to prove that it was you driving before they can prosecute. Unless it was a forward facing camera and they have a mug shot of you behind the wheel, it will be very difficult/impossible for them to do that.

[barracad]

If you fail to name the driver I believe you would be committing an offence under the Road Traffic Act.

[jimjamyaha]

Sorry, you are absolutely right.

read this Drivers take speed camera rights case to Europe - Yahoo! News UK

I was told they had won this case, but obviously not yet.

[barracad]

Yes I was vaguely aware of this case. When you said it had been "proven recently" I thought I'd missed something!!

Will be interesting to see the outcome of the case.

[steve dunn]

a bill went through the commons on monday 9 oct and is now being sent to the Lords and should be passed early november with the new graduated system

Road Safety Bill [HL]

2

(2)

In section 53 (amount of fixed penalty), for subsections (2) and (3) substitute—

“(2)

Any order made under subsection (1)(a) above in relation to an offence
may make provision for the fixed penalty for the offence to be different
depending on the circumstances, including (in particular)—

(a)

the nature of the contravention or failure constituting the
5
offence,

(b)

how serious it is,

(c)

the area, or sort of place, where it takes place, and

(d)

whether the offender appears to have committed any offence or
offences of a description specified in the order during a period
10
so specified.”

(3)

In section 84(2) (regulations about surcharge notices), for paragraphs (b) and
(c) substitute “and

(b)

the amount of the penalty stated in the offer is less than the fixed
penalty applicable in the circumstances,”.

[Bookworm]

Ok, and what does that mean in plain english?

[patdavies]

Basically, it means that you can get between 2 and 6 points for speeding offences, depending on the severity

[buzz]

The thing that I cannot understand is the fact that you are fined AND given points for driving infringements..

Surely this is two punishments for the one "crime"
How can this be right?
Shouldn't it be one or the other.

Buzz