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Police gave stopped me for speeding, but never caught me speeding, only "calculated it"
Tin Can
post Mon, 13 Jul 2020 - 10:56
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Yesterday I was driving along the motorway and saw a police car infront of me. Naturally I slowed down and didn't want to overtake them as they were doing the speed limit. This continued for around 15 minutes I think until they turned off.


After they turned off, I continued along my journey. 10-15 minutes later after I slowed down and pulled into the slow lane to go into an average speed check tunnel (I usually go into the slower lane here as its only dual carriageway and don't want people up my arse through the tunnel).


After I had slowed down the police came up behind me and flashed their lights and I pulled off onto a slip-road, and onto the hard shoulder.


Long story short, license etc etc. They told me they stopped me on suspicion of speeding as they pulled off to let me go, then caught up with me and calculated how fast and how long it took them to catch up with me as me speeding. After handing my license they also asked me some questions that I found odd, but may have just been small talk.


I have a GB license, British passport but I would consider myself to be Irish, and it is where I am from and sound like I am from. One of the officers asked me after receiving my license,"Where I was originally from" which felt a bit odd and then went on to go and speak about how the Irish police would have done the same. Obviously, it was probably nothing but didn't sit well with me due to past experiences.


The crux of my argument is, if I contested it could they do anything? They didnt catch me on a camera, or to my knowledge ever see me speeding, only "calculated it"


Thanks!
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post Mon, 13 Jul 2020 - 10:56
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Tin Can
post Wed, 29 Jul 2020 - 14:37
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Hey,

I got some help last time and some new stuff has arisen.

In summary:

I was stopped, officer told me he calculated I was speeding based off how long it took him to catch up with me.
He told me he calculated I was travelling at 88.2mph. And he said I would be offered a speed awareness course.

No speed awareness offer came and I was immediately offered a fixed penalty notice, £100 and 3 points.

I am wondering whether it is worth contesting this? As I said to the Summary Justice Unit, the fact that the officer didn't even know that 88MPH wouldn't qualify me for speed awareness doesn't fill my with hope in terms of his ability to calculate that I was speeding.

Thanks!
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NewJudge
post Wed, 29 Jul 2020 - 14:48
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Assuming the limit was 70mph, 86mph is the fastest speed for which you would be offered a course.

If you decline the Fixed Penalty offer and the matter goes to court the police will almost certainly be able to produce sufficient evidence to convince the court that you were exceeding the speed limit. They do not have to prove you were travelling at 88.2mph (or any other speed), only that you were exceeding the limit. You will have to cast sufficient doubt on that evidence so that the court cannot be sure. The officer misleading you over whether you may be offered a course (whether he did so by accident or design) is unlikely to help you with that task. If you are convicted you will face an income related fine of half a week's income, a surcharge of 10% of the fine (minimum £34), costs which will probably be £620 and three points.

This post has been edited by NewJudge: Wed, 29 Jul 2020 - 14:49
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southpaw82
post Wed, 29 Jul 2020 - 14:53
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One case, one thread.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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