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Apres NIP...?, Can you still use PACE defence if you have already sent in NIP?
walker
post Tue, 13 Jun 2006 - 23:25
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Please help.
Soon after I returned to this country I was done for speeding by a camera at Luxborough Lane Bridge on M11, where the motorway reduces to 50mph. limit. I was doing 62mph. The road was empty but for one vehicle - a red Volvo travelling at about 25mph in middle lane. I shifted from the slow lane to outside lane, in order to overtake a Volvo and was travelling at 50mph - when the lane ran out. 3 reduced to 2, and so I accelerated to clear the Volvo - and was photographed.

Anyway... Because my paper license was being shipped back from New Zealand, I had no option but to apply for court. Because I felt I had driven intelligently, I refused to accept guilt, but on the NIP I acknowledged that I was the driver. Now I have received a summons to court. Is it too late to use the PACE defence after one has already sent back the NIP and acknowledged driving?
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post Tue, 13 Jun 2006 - 23:25
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Mika
post Wed, 14 Jun 2006 - 07:06
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QUOTE (walker @ Wed, 14 Jun 2006 - 00:25) *
Is it too late to use the PACE defence after one has already sent back the NIP and acknowledged driving?

As the “PACE defence” has got nothing to do with PACE, it's not too late. However, the legal argument is quite evolved, so, when you receive your summons, it’s probably best to plead not guilty and send the court a letter like this. wink.gif


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walker
post Wed, 14 Jun 2006 - 10:34
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Thanks for your prompt advice. I have pleaded not guilty, and await a court date. It still rankles that I must plead absurd points of law, rather than make the true argument: that I drove safely according to the conditions, and accelerated above the speed limit only in order to overtake safely (and avoid a vehicle travelling slowly and unpredictably, weaving along the middle lane of an otherwise empty motorway) before the third lane gave out.
This vehicle, driving dangerously, was of course, not present in the photograph.
I wish you the best of luck in your fight with the camera automata and their 'eyes of god' focus. (Or should that be spelt f...kus?)

walker
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