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Stopped on motorway
student
post Thu, 23 Sep 2010 - 23:03
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Details are a bit sketchy but I'll do my best. My friend and one of his mates were stopped on the motorway for speeding, he was given a FPN on which it stated excess speed on motorway. When he asked the officer (just one) how he knew whether he was speeding, the officer stated he had a calibrated speedo. The officer didn't write a statement. My friend produced his documents at the police station but did not surrender his license and has since recieved a summons (within six months of the offence). On the summons the offence has now changed to excess speed on motorway 92-94mph.

Does anything stated above look out of place?

This post has been edited by student: Thu, 23 Sep 2010 - 23:41
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post Thu, 23 Sep 2010 - 23:03
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Nagoya
post Fri, 24 Sep 2010 - 00:15
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Really should get you friend to post on here. Why did he not accept the FPN. If it goes to court it will be his word against the police so likely to lose.

He might well argue he was going less than 92 MPH but can he convince the magistrates he was going less than 70. Even going 71 the punishment will be the same.
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andy_foster
post Fri, 24 Sep 2010 - 01:17
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Right on the first part, wrong on the second.

A fixed penalty is fixed. A penalty imposed by the court will be determined by the court according to a number of factors, including the speed.


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Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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GB69
post Fri, 24 Sep 2010 - 01:47
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If Police have no physical evidence, then it comes down to the officers word against your mates.
I know 2 local JPs who I know from talking to them wouldn't accept an officers word without evidence to back it up.



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The Rookie
post Fri, 24 Sep 2010 - 07:25
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As on a motorway a single officers opinion is by law all that is required, I can't see that flying, it may be true for other less serious offences, but for speeding an officers testimony is usually more than adequate.

Simon


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student
post Fri, 24 Sep 2010 - 11:57
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After apeaking to a lawyer, he said that changing the offence from excess speed on motorway to 'excess speed 92-94mph on motorway' is not allowed, is this true?

What about evidence to say the speedo was actually calibrated, it states on the summons that after the offence the officer drove for 2 miles to verify the speedo was calibrated. Whats all this about?

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Nagoya
post Fri, 24 Sep 2010 - 17:16
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The lawyer is wrong. A FPN is just a way of dealing with the matter without taking him to court. Pay 60 and 3 points then that is the end of the matter.

If you decline the FPN it will go to court and all the evidence will be presented including the speed actually recorded at the time.
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GB69
post Fri, 24 Sep 2010 - 17:22
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QUOTE (Nagoya @ Fri, 24 Sep 2010 - 18:16) *
If you decline the FPN it will go to court and all the evidence will be presented including the speed actually recorded at the time.


Going off OP, it sounds like they is no physical evidence other than the word of 1 officer. So nothing has been recorded.



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student
post Mon, 27 Sep 2010 - 00:09
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QUOTE (GB69 @ Fri, 24 Sep 2010 - 18:22) *
QUOTE (Nagoya @ Fri, 24 Sep 2010 - 18:16) *
If you decline the FPN it will go to court and all the evidence will be presented including the speed actually recorded at the time.


Going off OP, it sounds like they is no physical evidence other than the word of 1 officer. So nothing has been recorded.




Exactly, there was no video evidence. But obviously it is the officer's word against my mates.
So the chage of oofence from FPN to summons is allowed then?
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andy_foster
post Mon, 27 Sep 2010 - 00:31
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QUOTE (student @ Mon, 27 Sep 2010 - 01:09) *
So the chage of oofence from FPN to summons is allowed then?


The offence alleged on the FPN was speeding on a motorway. The offence alleged on the summons is speeding on a motorway. 92-94 is merely a purported fact relevant to the severity of the alleged offence. Where is the change of offence?


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roadrunner 163
post Mon, 27 Sep 2010 - 01:50
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QUOTE (student @ Fri, 24 Sep 2010 - 00:03) *
Details are a bit sketchy but I'll do my best. My friend and one of his mates were stopped on the motorway for speeding, he was given a FPN on which it stated excess speed on motorway. When he asked the officer (just one) how he knew whether he was speeding, the officer stated he had a calibrated speedo. The officer didn't write a statement. My friend produced his documents at the police station but did not surrender his license and has since recieved a summons (within six months of the offence). On the summons the offence has now changed to excess speed on motorway 92-94mph.

Does anything stated above look out of place?



Most traffic officers patrol the motorway on their own and most traffic cars have calibrated speedometers. many are fitted with CCTV, VASCAR or other speed detection but one officers opinion is sufficient on a motorway yhat the vehicle was travelling at excess speed. It was corroborated by the calibrated speedometer but this is effectively belt and braces.

The offence has not changed it just included the speed - range that was measured.

Ignore that solicitor as Road traffic matters do not seem to be their calling.



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Transit man
post Mon, 27 Sep 2010 - 08:27
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QUOTE (roadrunner 163 @ Mon, 27 Sep 2010 - 02:50) *
Ignore that solicitor as Road traffic matters do not seem to be their calling.

Unless you employ a specialist motoring solicitor biggrin.gif


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Now driving a Mercedes Sprinter, the Transit died of too much work.
Results for last 5 years:-
12 PPC tickets received, 0 paid
2 Council tickets received, 0 paid (both canceled)
2 Nip's in 40 years 1 paid (damn!)
1 SAC, duly educated!

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