Stopped for speeding

[lowflyer]

Hi I was stopped for speeding, allegedly 68 in a 40 zone. The incident happened in Scotland.

The police did not issue me with any documents, or ask me to submit my licence to my local police station but did say that I would receive a court summons.

Can you please tell me how long I will have to wait to find out if I am actually going to receive a summons?

The method used for detection was some sort of calibrated speedometer in the police car not a laser or radar, can you tell me if this sort of method is reliable.

and if there is any point in fighting the case.

[papasmurf1cx]

When did this happen? Normally notice of intended prosecution letters arrive within a couple of weeks. These type of offences have 6 months to get into a court. If the NIP does not arrive then it may be that you will not go to court. If it arrives you will be prosecuted normally.

 

 

calibrated speedos are a lawful means to gather the evidence. There may be a video too, were shown one? Any point in fighting?????????? were you speeding? I suppose it is all down to the evidence and whether it is presented properly.

[Raykay]

If you are stopped at the time you will be given a verbal N.I.P. then, and not sent a postal one.

[lowflyer]

Thanks for the quick reply, when I was initially stopped the officer told me that both he and his colleague had witnessed me using my mobile phone. When I explained that was impossible because I was not in the possession of a mobile and after both had satisfied themselves that this was the case by means of a lengthy search of my car including the boot. (How they thought I could get the phone from a 4 door saloon into the boot I don’t know).

It was then that they explained that at least that was one less offence I had committed/had to concern myself about, but now there was the matter of my speed.

He pointed out the calibrated speedo but did not mention anything at any time about photographic evidence I am sure if they had had some photo evidence they would have checked it to how they could have thought I was using a mobile.

I guess I will just have to wait to see if I receive a N.I.P.

Thanks again for your replies

When did this happen? Normally notice of intended prosecution letters arrive within a couple of weeks. These type of offences have 6 months to get into a court. If the NIP does not arrive then it may be that you will not go to court. If it arrives you will be prosecuted normally.

 

 

calibrated speedos are a lawful means to gather the evidence. There may be a video too, were shown one? Any point in fighting?????????? were you speeding? I suppose it is all down to the evidence and whether it is presented properly.

[papasmurf1cx]

Hi That is outrageous. I would consider complaining about this. If you were not speeding these officers have potentially just stitched you up. Now you may not be able to prove they did this but if they have done it before and there is a series of similar complaints I would have thought their evidence would start to become suspect.

[Old Snowy]

As already posted by Raykay if you were stopped at the time you will have been verbally NIP'ed (by the use of the words - "You will be reported for consideration of the question of prosecution for the offence of excess speed/speeding"). Sadly, even if you do not recall those words you can be sure by the time the matter proceeds to court, if indeed it does, that those words were used.

 

As far as evidence is concerned there is no requirement that the police have photographs or video footage to corroborate what they say. The evidence of the opinions of officers supported by their observations of the calibrated speedo is sufficient to convict. In essence, as speeding is a strict liability offence, the only evidence the prosecution need adduce is that an offence was committed, that your vehicle was the the vehicle involved and that you were the driver at the time. From that point of view its pretty much a done-deal.

 

Although this incident occurred north of the border Scottish forces generally follow the Association of Chief Police Officers guidelines in respect of the prosecution of speeding offences. In terms of how these apply in the instant case the guidelines recommend that a fixed penalty be issued for speeds between 46 and 66mph (in a 40mph limit).

 

This may provide a glimmer of hope for the OP in that as the alleged speed is only just in excess of the cut-off it is possible that he may benefit from an option open to Procurators Fiscal in Scotland (but not available south of the border) and that is to offer a fixed penalty himself. That is not to say that this is what will happen but this need not necessarily proceed to citation.

 

The issue of the use of a putative mobile phone is a dead duck and I think its unlikely that anything will flow from it. One can be sure that had the OP been found in possession of a phone that whether he had been using it or not he'd have been reported for that as well. This case is a good illustration of the quality of police observational skills, on occasion, or rather the assumptions that are made of things that are only half seen (or occasionally imagined mistaken).