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Hi Guys,

 

Would just like to first say, yes i was stupid and i did a big mistake. But i would like to know a bit more about the law and what i could be facing.

 

I am 22, i have already 2 x SP30 so 6 points altogether.

 

I was driving from dover back to london when someone was up my ass,

i let him go infront and did the same back to him which led us to go to around 110mph.

 

 

When a traffic officer was then behind us with lights on and stopped us both.

Other driver wasnt insured or even have a licence so his car got impounded and not sure what officer gave to him.

 

 

Whereas, with me he said he doesnt have a speed recording of me doing 113mph, so hes writing in his sheet that i was exceeding 70mph. So on the Sheet he gave me on the recorded speed it states "E" and that is all.

 

Its been 12 days since the offence, is it true that they have until 14 days? or is it 6 months to get summons from court?

 

I have spoken to some speeding ticket lawyers/solicitors and they have all said this is something new and never heard of the recorded speed having an E.

 

I hope to hear from you guys.

 

Thanks in advance

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I would imagine that the "E" represents either exceeded, as in national speed limit, or simply means Estimated.

Without hard evedence, ie, recorded at x mph, im unsure whether this will go any further anyway, the officer would be more interested in the other driver having no licence,insurance etc.

I believe there is a 6 month time limit fir police to issue any speeding fine, but im not 100% certain, wait for the more knowledgeabke to jump in and advise.


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Thanks for your reply!

 

There was two officers in the traffic officer van. they also had video and audio recording camera on their jacket, but the only hard evidence they could use if it does go ahead i believe is using the other traffic officer as witness.

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the 6 month limit would apply if there is need to identify the driver at the time, as you were stopped and presumably able to satisfy the officer of your identity there is no time limit for prosecution.

 

Obviously you could then deny being the driver but when they produce their video evidence what do you intend to say about that? Basically at it stands you look to be getting 3 points but argue the toss and you will get 6 plus a bigger fine etc.

 

The other reason for delay is they may be considering their video footage to see if they can get the CPS to do you for dangerous driving instead. If that is the case dont forget your toothbrush when you attend court.

Edited by honeybee13
Paras.

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Why on earth would you have even considered speeding at that speed when you already have 6 point? As well as disqualification, you could be looking at a large fine and extended retest as well.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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If they've got video evidence of you tailgating someone at over a hundred miles an hour and you've already got points for speeding,get ready for a major ban and a retest

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the 6 month limit would apply if there is need to identify the driver at the time, as you were stopped and presumably able to satisfy the officer of your identity there is no time limit for prosecution.

 

Given they have the driver's details ; Would they not need to "lay the information" before the Magistrates Court within 6 months, for any summary-only offence?.

 

For an either-way offence such as dangerous driving, there wouldn't be the 6 month time limit.

 

Obviously you could then deny being the driver but when they produce their video evidence what do you intend to say about that? Basically at it stands you look to be getting 3 points but argue the toss and you will get 6 plus a bigger fine etc.

 

The other reason for delay is they may be considering their video footage to see if they can get the CPS to do you for dangerous driving instead. If that is the case dont forget your toothbrush when you attend court.

 

Yup. If some idiot is "up your ass", when they pass you can choose to be an ass back or not.

 

 

If they weren't doing 110 when they were behind you, you become more of an idiot than them by increasing the speed.

 

If they were doing 110 behind you, you are more of an idiot for thinking "I'll do the same to them".

 

Either way : the OP had the choice of abreacting or not!

 

Without hard evedence, ie, recorded at x mph, im unsure whether this will go any further anyway, the officer would be more interested in the other driver having no licence,insurance etc.

 

I don't see why the traffic officers only have to 'go after' (by reporting for prosecution) only 1 of the 2 drivers. It is easy for them to report both.

 

If both officers are able to say "we don't have an exact speed for the 2nd car, as we were using our recording equipment for the 1st car, but the 2nd car was still pulling away from us when we were doing 100 mph (by our calibrated speedometer)" ; the court can take this as evidence that the speed was in excess of 100 mph. This might be what 'E' stands for!.

 

I concur that a prosecution for dangerous driving is a possibility, and if not, a ban (either for the speed on its own, or by 'totting-up').

 

If they've got video evidence of you tailgating someone at over a hundred miles an hour and you've already got points for speeding,get ready for a major ban and a retest

 

I agree this is a possibility if the court CHOOSES to order a retest / extended retest.

 

As the OP already has 6 points they can't be a 'new driver' (within 2 years of test pass), else they'd already have had a "new driver's" ban,

 

 

so it wouldn't be a MANDATORY ban/retest, but their age, their speed and (admitted) manner of driving will make a ban & retest a real possibility.

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Guys, please keep personal feelings out of it such as the last 2 posts. Stick to advising OP on punishments on possible recourse. Not what you think should happen.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Guys, please keep personal feelings out of it such as the last 2 posts. Stick to advising OP on punishments on possible recourse. Not what you think should happen.

 

Hard to keep personal feeling out of it when people behave like this. Pathetic pos. Deserves to be locked up. First offence, fine, mistakes happen. THIRD offence....habitual speeder. Wont stop until he kills someone.

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I agree. But we are here to advise. Not be judge jury and executioner. If thats too hard to deal with then simply just view another thread.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Video evidence not required,

1 Police Officer can form an opinion of 'excess speed' and use his calibrated speedo or time vs distance travelled as corroboration.

 

OP was NIP'd when stopped

so Police have 6 months to lay info before Court,

so OP may have to wait 6-9 months for Summons to arrive, which may include Dangerous Driving.

 

 

A totting ban seems inevitable, but no SAC or CoFP, but OP may have the 'luck of the Irish'.

 

PepiPoo forum has Mag Sentencing Guidelines calculator for diff road types and speeds.

Edited by Andyorch
edited

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Thank you those who actually gave advice on the laws.

 

Like i said in my actual post,

i know it was stupid.

But after a long drive and someone tailgating you in the middle lane when the fast lane is empty, it will annoy you.

 

Well its been 14 days and no letter received yet,

most likely will be the summons at court route which can take upto 6 months,

 

 

i have spoken to few lawyers who work mainly around these situations

have said they have never heard of the E in the 10-20 years they have been working

and said kent police department are really busy and their average time is 4-5 months, anything after 6 months will be void.

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Thank you those who actually gave advice on the laws.

 

Like i said in my actual post, i know it was stupid. But after a long drive and someone tailgating you in the middle lane when the fast lane is empty, it will annoy you.

 

If you aren't on a wind-up, maybe the retest wouldn't be such a bad thing, as you might have to learn the difference between an overtaking lane and "the fast lane"......

 

Well its been 14 days and no letter received yet, most likely will be the summons at court route which can take upto 6 months, i have spoken to few lawyers who work mainly around these situations have said they have never heard of the E in the 10-20 years they have been working and said kent police department are really busy and their average time is 4-5 months, anything after 6 months will be void.

 

See previous - "anything after 6 months will be void" is a gross oversimplification.

If the charge is indictable or "either way", the '6 month rule' doesn't apply.

For a 'summary only' charge, the 6 months isn't "6 months for you to receive the summons", but "6 months for them to 'lay the information before the court'".

 

For "summary only", they can lay the information before the court at a day before 6 months, and the summons arrive well after 6 months when the court is able to set a hearing date.

If not "summary only", (so, dangerous driving, for example) the 6 months limit simply doesn't apply.

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If you aren't on a wind-up, maybe the retest wouldn't be such a bad thing, as you might have to learn the difference between an overtaking lane and "the fast lane"......

 

Did you get some sort of happiness finding a small mistake?

Ive been driving for 5 years,

i drive in and out of london and do over 30k Miles a year,

i think im well aware of what each lane is for,

i meant faster lane in which he could easily overtake me but he didnt and was up my car.

 

Yes i seen previous post, but i just mentioned what lawyers have mentioned in regards to my case.

 

Thanks anyway for your comments (Y)

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Did you get some sort of happiness finding a small mistake? Ive been driving for 5 years, i drive in and out of london and do over 30k Miles a year, i think im well aware of what each lane is for, i meant faster lane in which he could easily overtake me but he didnt and was up my car.

 

Still blaming the other bad driver?.

You say "small mistake" : I'm wondering if it is instead a reflection of your attitude to / manner of driving.

 

As for "i drive in and out of london and do over 30k Miles a year"

1) part of me wonders why you haven't been caught before (or, at least haven't been caught more than 2x SP30's!)

2) 30k miles a year : it'll be a bit hard to keep up that annual mileage with a ban, (leaving aside the effects of the increased insurance after)

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If you aren't on a wind-up, maybe the retest wouldn't be such a bad thing, as you might have to learn the difference between an overtaking lane and "the fast lane"......

 

Did you get some sort of happiness finding a small mistake? Ive been driving for 5 years, i drive in and out of london and do over 30k Miles a year, i think im well aware of what each lane is for, i meant faster lane in which he could easily overtake me but he didnt and was up my car.

 

Yes i seen previous post, but i just mentioned what lawyers have mentioned in regards to my case.

 

Thanks anyway for your comments (Y)

 

Why was he "up your car"?

Were you sat in the middle minding your own business when the inside lane was empty?

That's called lane hogging and is an offence in itself.

 

You cant sit in the middle lane minding your own business, that's bad driving.

Both the middle and outside lanes are for overtaking.

 

You strike me as an entitled driver who thinks the road is for him, and when you make a mistake, or drive stupidly, its because someone else is at fault and you are the better driver and will teach them a lesson. Grow up. Take some responsibility.

 

£30k a year and driving for 5 years? That's nothing.

You are a newbie on the road and do not have enough experience.

 

Get a nearby tracks number, and go to a track day,

get rid of your need for speed and aggression on the road in a safe environment.

 

All you can do now is lie back, think of England and let the courts do naughty things to you in due course.

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no i was overtaking myself as first lane had a car,

i wouldnt say the other driver was behind me

and he didnt use the 3rd lane while im doing the same thing.

 

Thanks for your kind words,

i will keep you updated with the naughty things

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I was initially confused by your use of the term "traffic officer", thinking that you meant one of the Highways Agency "police wannabes".

 

 

If you mean police officer, probably better to use that to avoid doubt.

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I was initially confused by your use of the term "traffic officer", thinking that you meant one of the Highways Agency "police wannabes".

 

 

If you mean police officer, probably better to use that to avoid doubt.

 

No, it was a traffic officer, not a police officer. They deal with mainly motorways, it was the land rover traffic officer.

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If they are driving round in a Land Rover/Shogun/etc, marked in yellow and black battenburg markings, orange beacons, with "Highways England Traffic Officer" written on the bonnet,

they are Traffic Officers,

and have NO powers of arrest or stopping you for speeding.

 

If, on the other hand, they have yellow and blue battenburgs, blue beacons and a sign that says "Police" on them,

they are police officers (albeit working in the traffic division, such as the Central Motorways Policing Group).

 

Sorry for being pedantic, but they are not the same thing,

and when you're dealing with legal issues, such things can make a difference!

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Thanks for the reply Oddfellow!

 

But it was definetly a traffic officer, its those with the yellow jacket but orange towards the shoulders, land rover. Well, not sure about that but he gave me a speeding slip.

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Hmmm, interesting. Here is brief paragraph from Wikipedia summarizing the limits of powers of HETOs:-

"It is also an offence to impersonate an officer, or for officers to claim to have more powers than they do.

HE traffic officers do not have any powers of detention, or to search, issue fixed penalties or report for summons for any motoring offence"

 

I'm not sure how you have ended up getting stopped by one of these vehicles for an alleged moving traffic offence.

They aren't even supposed to exceed the speed limit.

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Wow! thanks for this!

He didnt even have his lights on,

he only was flashing at me and then when i went left lane,

 

 

when he was besides me he gave few hand gestures and then followed the other guy,

he stopped the other car and then he gave hand gestures for me to stop too..

 

 

then asked me to follow him to a service station in which he then spoke to me and he mentioned the whole

"you do not have to say anything.."

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