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Posted on: Wed, 12 Dec 2012 - 16:36

New Member

Group: Members
Posts: 3
Joined: 16 Jun 2012
Member No.: 55,530

Thanks for the replies.

I have drafted a letter of mitigation which to summarise, explains my side of the event and that I regretfully exceeded the 70 mph limit, however on reflection I don't believe the quote of "about 105" was a true representation of my speed.

Not sure how to word the last bit really, without sounding like I am trying to argue.

I'm unsure on whether to attend court, or send my plea in by post as they have given me that option. I would rather have the points than a ban.

Can you clarify if I do attend and they decide a ban is the outcome, it will be there and then?
  Forum: Speeding and other Criminal Offences · Post Preview: #763448 · Replies: 9 · Views: 2,795

Posted on: Wed, 12 Dec 2012 - 15:07

New Member

Group: Members
Posts: 3
Joined: 16 Jun 2012
Member No.: 55,530

Unfortunately I have received a court summons for the above.

The police statement says when questioned about my speed I said "I think it was about 105" which unfortunately I did say sleep.gif , but it was only a rough guess and probably more like 95/100.. in hindsight I should have said "I don't know"!!

The traffic officer has said he began pursuing my car after the 5 vehicles in front of his had moved over (however he did not use lights although it doesn't say this in the statement), and he says he reached 121mph to catch me, however he does state that I was far in the distance by the time the vehicles in front had moved over.

It was a short burst of acceleration past the car which I probably reached 100~ then slowed down to 75/80, and by the time the police officer was behind my car, I had been doing 75/80mph for a good minute or so~

I have the option to plea guilty by post or attend... Considering I said "I think it was about 105 mph" and he has stated he had to do 121 mph to catch up me, what do you reckon they will be driving to get me for? The court summons is for "exceeding 70mph speed limit."

Also, If I plead guilty and go to court, I presume they can ban me there and then if they consider a short ban?

Thanks for the help, much appreciated. Any questions please ask.
  Forum: Speeding and other Criminal Offences · Post Preview: #763386 · Replies: 9 · Views: 2,795

Posted on: Sat, 16 Jun 2012 - 21:16

New Member

Group: Members
Posts: 3
Joined: 16 Jun 2012
Member No.: 55,530

NIP Details and Circumstances
What is the name of the Constabulary? - West Yorkshire
Date of the offence: - 16.6.12
Date of the NIP: - 16.6.12
Date you received the NIP: - 16.6.12
Location of offence (exact location as it appears on the NIP: important): - M62 East Bound
Was the NIP addressed to you? - Yes although surname misspelled by one letter
Was the NIP sent by first class post, second class or recorded delivery? - Given Directly by Police Officer
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons -

Accelerated out of a 50 zone, then slowed down to 80 mph, 5 minutes after I see a Police car in my mirror however no lights visible. Pull into the middle lane to let him pass then lights are put on and signaled to pull over. Apparently he was 6 cars behind when I accelerated off, he caught up saying he was doing in excess of 105 mph to catch me. Has a video however, I don't believe it will show anything other than my car accelerating in the distance, him getting by the other cars (no lights) and then him coming up behind me with me doing 80 mph. He said I will either receive a court summons if they can prosecute me based on the video evidence, or I will hear nothing.

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Sat, 16 Jun 2012 21:16:22 +0000
  Forum: Speeding and other Criminal Offences · Post Preview: #709357 · Replies: 9 · Views: 2,795

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