Alleged Speeding 35 in 30 zone

[hyperjase]

To cut a long story short, got caught by a van doing 35 in a 30 ... ok that's fair enough.

 

But I want to request the evidence as there was no signage out prior to the van. But I've been told the only way to do that is to go to court?? Surely I should be able to request the evidence prior to admitting anything!

 

Any advice here?

 

Many thanks.

[dx100uk]

signage is immaterial

speed limit will be governed by the lamp post spacing etc etc.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?393081-caught-speeding-but-no-camera-signs-on-the-road

[hyperjase]

Thanks for the info, but regardless, I'm expected just to accept everything is ok, calibration log of unit, police officer's number who was operating etc. You just don't take someone's word for it that they're right!

[dx100uk]

no but if you read the other threads on the same subject

you'll see that you wouldn't be the only one caught I would suspect

 

you have had a NIP then?, 35 in a 30 would normally come with a speed awareness course as an alternitive, but this is dependent on which area your in, as long as you havent been offered a course in the past 3 years i think it is

most areas would offer a course at your speed, just take it on the chin, pay for the course, its not the crime of the millenium is it

[BazzaS]

Thanks for the info, but regardless, I'm expected just to accept everything is ok, calibration log of unit, police officer's number who was operating etc. You just don't take someone's word for it that they're right!

 

Correct, you have the right to make them prove the offence was committed by having the evidence tested.

 

However, this right is exercised by having the case go to court.

If you are saying you believe you are not guilty, then dispute the allegation by going to court. You then don't have to prove your innocence, they'll have to prove your guilt.

 

If found guilty expect a harsher result than accepting guilt early on.

 

Things would be different for a more serious offence, where you would likely be interviewed, and (for an offence risking a custodial sentence) your legal team could request a review of disclosed evidence.

[WarrenBuffet]

I remember a story of a chap caught in a 30 or 40 mph zone, he was 5mph over his limit but went to court.

 

He argued that he was doing the speed limit according to his speedo,

his car was tested and found that he was telling the truth.

 

What happened was his car was calibrated for 16" wheels which unknown to him had been replaced with 17" wheels by previous owner!

 

I think he won?

[dx100uk]

I think he didn't

 

old wives tale sadly

[BazzaS]

I remember a story of a chap caught in a 30 or 40 mph zone, he was 5mph over his limit but went to court.

 

He argued that he was doing the speed limit according to his speedo,

his car was tested and found that he was telling the truth.

 

What happened was his car was calibrated for 16" wheels which unknown to him had been replaced with 17" wheels by previous owner!

 

I think he won?

 

If the scenario is true : CPS might decide prosecution wasn't in the public interest and it'd never reach court.

 

However, if it went to court, noting that speeding is a strict liability offence, that would be "mitigation", not "a defence".

[WarrenBuffet]

Trust you dx, I was hoping it was true as I have just bought 20" wheels for my 15" in case im caught in the future.

[WarrenBuffet]

If the scenario is true : CPS might decide prosecution wasn't in the public interest and it'd never reach court.

 

However, if it went to court, noting that speeding is a strict liability offence, that would be "mitigation", not "a defence".

 

Can you please explain in non legal speak for us ordinary folk Bazza?

[BazzaS]

If I aim to fare dodge on the railways and get caught, there are 2 different offences they might choose to prosecute under.

1) Regulation of Railways Act 1889, intent to avoid a fare : they'd have to show intent.

2) Railway Bylaws, where the offence is committed if I don't produce a ticket on demand.

 

The latter is a "strict liability" offence : they don't have to show I intended to not have a ticket to show, just that Ibdidnt show one on demand.

 

(The posh legal terms are

'actus reus' ; the act itself, and

'men rea' ; the intent behind the act)

 

For a strict liability offence the court only looks at actus. For other offences both actus and mens need to be proven.

 

So, for speeding : whether you intended to speed or not is irrelevant (absent some other specific defence). The court looks at "were they speeding or not" to determine guilt. Hence "not defence".

 

Once the court has decided "guilty" they then look at punishment.

If the person didn't intend to speed and it was due to the wheels and they didn't believe they were speeding : they should get a lower penalty than someone who did the same speed & knew they were speeding : mitigation.

 

Hence "mitigation, not defence".

[Guest]

Trust you dx, I was hoping it was true as I have just bought 20" wheels for my 15" in case im caught in the future.

its not true

[WarrenBuffet]

Ahhhhhhhh, thank you!

[Guest]

Ahhhhhhhh, thank you!

 

seriously though, the speedo doesnt 'calibrate' with what's on the hub. (if i've phrased that correctly )

[WarrenBuffet]

Cheers Ford and Bazza for explaining.

[Guest]

Cheers Ford and Bazza for explaining.

your welcome

 

i tried tractor wheels once thinking that i cld do 60 with the speedo showing 30. didnt get v far. cops pulled me for driving too slowly

[WarrenBuffet]

[CraigMcK]

It's not really the wheel size the counts, it's the overall diameter of the tyre. Normally when fitting larger wheels you fit lower profile tyres to compensate. This ensures that circumference of the manufacturers design tyres, and therefore the distance travelled with one revolution is the same with the new wheels & tyres. So no change in speedo reading.

[Oddfellow]

Note to all: Changing the radius of your wheels or tyre profiles from the manufacturer's specifications counts as a modification. If you use this as some sort of defence or mitigation, you may well find yourself being done for driving without valid insurance if you didn't notify your insurer of the change.

 

 

#justsaying

[king12345]

Note to all: Changing the radius of your wheels or tyre profiles from the manufacturer's specifications counts as a modification. If you use this as some sort of defence or mitigation, you may well find yourself being done for driving without valid insurance if you didn't notify your insurer of the change.

 

 

#justsaying

 

I was lucky a few years ago when I wanted some low profile tyres and a guy on the phone from camskill told me that.

I wonder how many people go around in cars with invalid insurance and tyres with load ratings below manufacturer recommendation.

[dx100uk]

and the stupid exhausts that they think the louder it is the bigger their nose is...well not nose but you nose what I mean

[Tony P]

Talk of altering tyre/wheel diameter having an effect on the speed displayed on the speedometer could unwittingly also lead to another possible offence - that of not having a speedometer accurate to within +/- 10% at 30 mph.

 

I might not be up to date on the accuracy limits and speed levels, but the principle remains.