speeding fine advise please

[jasondonna]

hi, i am new to all this, but last night my brother was stopped by a police office from devon and cornwall constabulary. the office told him he was speeding, he reckoned he was doing 45mph in a 30 limit. he gave my brother a fixed penelty notice of £60 and 3 points. the thing i dont understand is he showed my brother no evidence nor was he following my brother. how to we go about asking for any evidence and should he go to the station and produce his liscense within the 7 days even if we think its wrong?

my brother said the police man sped up from behind him and pulled him over. has anyone got any advise please

[patdavies]

An FPN is simply an invitation to pay the fine, take the points and move on without attending Court or being subject to a conviction.

 

If you believe that you did commit the offence then pay up and take the points. If you are certain that the offence was not committed then you must refuse the FPN and elect to go to Magistrates' Court. Once you have been summoned and entered a plea of not guilty, you will receive a copy of the evidence that will be used in the prosecution. The Police do not have to produce any evidence whatsoever prior to that.

[Secret Policeman]

Hi; do you know whether the Police officer was in a traffic vehicle, or was it a panda car? If it was a traffic officer then they may have used an in car computer such as VASCAR or a hand held laser to measure the vehicles speed. Irrespective of what was used, the officer should have pointed out how they formed the opinion that he was speeding and shown him the evidence (i.e. - the speed read out on the device).

 

If it was a panda car, then the officer may just have been using the Police cars own speedo; this is often fraught with danger - if he sped up behind him in order to catch up, then he may have incorrectly correlated his speed against your brother's.

 

If your brother genuinely doesn't know which it was, ring the Police switchboard and tell them your trying to track down P.C. *** (name and no. on the ticket); ask where they work and on which department (uniform/traffic/firearms etc).

 

This will give you an idea of where you stand; traffic officers tend to be more switched on when it comes to speeding; it's their 'bread and butter'. If it's a panda commander, it may be easier to fight.

 

Either way, you must produce your documents within 7 days at the station elected on the ticket; if you fail to do so, you commit further offences. Produce them, if you want to fight the ticket, you simply tell the desk clerk that and they will hand them back after checking them and you will receive a summons to go to court later.

 

There are ways to fight speeding cases, but I suggest you find out more facts and then come back for advice

[jasondonna]

hi, thank you so much for your advise,

the officer is rank MPC not quite sure what that stands for but yes he is part of the traffic section. my brothers not saying he wasnt doing over 30 but he is saying he was not doing 45mph, and i always believed rightly or wrongly that the officer should should/ explain how he came to conclude what speed the offender was doing.

[wheelergeezer]

He says, she says.....

 

Too many of these 'my friend' or 'my brother' threads. Nobody here can offer you advise because you were not there and so it is pointless.

[jasondonna]

gosh your nice, only trying to help my brother and already been given some great advise so hardly pointless is it, weather i was there or not is besides the point. if people dont want to offer advise to me because i wasnt there then they dont have to write anything.

[crem]

. Nobody here can offer you advise because you were not there and so it is pointless.

 

.... but some of us try!

[jasondonna]

thank you crem

[wheelergeezer]

Call my nice all you like. I have helped hundreds on this forum.

 

You were not there. the incident does not involve you, so any 'advice' is based around thrid party chinese whispers. My bet is that your brother will end up paying the fine because he did indeed speed, so it is indeed pointless.

[jasondonna]

so why waste you time replying to this thread when you could be helping others!

[wheelergeezer]

Great point. I won't reply anyomore then.

 

 

 

 

 

Duh!

[Wriggler7]

'Brothers' need to work out, is it better to get a few points and a fixed penalty, or the same few points and a higher fine + costs.

 

My experience (only since 1977 mind you) is the police officers really cannot be bothered to fabricate evidence on speeders. If they aren't sure, they will normally give a warning and go out and find a 'certainty'.

 

I will not claim that there are no 'bent coppers', just as I wouldn't claim that all Magistrates never commit offences themselves, but speeding just isn't an area for 'making it up'. Was he doing more than 30? I think you suggest that he was, the cheapest option is to accept the notice.