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Stopped speed gun
j00king
post Mon, 5 Nov 2018 - 20:16
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I was stopped by a traffic officer using a speed gun (pro laser).
A20 London bound 1615, it was pretty dark out there. He followed and stopped me on a lay-by.
I gave my details and was told to expect a letter within 4-6 weeks.
Was I supposed to have been been offered a on the spot fine?
I believe I am on the band B category.
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post Mon, 5 Nov 2018 - 20:16
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The Rookie
post Mon, 5 Nov 2018 - 20:29
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The Band B is only relevant if you go to court, if offered a course or fixed penalty not at all relevant.

It’s rare to be given anything at the roadside now, instead he likley created a Traffic Offence Report and you’ll find out by post what actions they have decided on, this is in 99% of cases by the numbers and based on your speed in what limit?


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j00king
post Mon, 5 Nov 2018 - 21:20
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QUOTE (The Rookie @ Mon, 5 Nov 2018 - 20:29) *
The Band B is only relevant if you go to court, if offered a course or fixed penalty not at all relevant.

It’s rare to be given anything at the roadside now, instead he likley created a Traffic Offence Report and you’ll find out by post what actions they have decided on, this is in 99% of cases by the numbers and based on your speed in what limit?



I took a picture of the speed gun used and showed 93mph at 158 metres away. I was over the limit, but not near that. The speed limit on the a20 is 70mph leading to 50 further down a mile or 2.
I was also following the flow of traffic. Can the laser get a wrong vehicle?
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Jlc
post Mon, 5 Nov 2018 - 21:44
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You'll get a fixed penalty offer for that excess. If you were speeding then 3 points £100 is the best you'll get.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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j00king
post Mon, 5 Nov 2018 - 22:10
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QUOTE (Jlc @ Mon, 5 Nov 2018 - 21:44) *
You'll get a fixed penalty offer for that excess. If you were speeding then 3 points £100 is the best you'll get.


I’m pretty worried about the worst I’ll get.
A weeks wages plus all the extras. I rely on the car to get me to and from work also.

Looking at it now, I think I’d be happy with the fixed penalty.

Also, as I was stopped on the nearest safest lay-by. Would I still expect a NIP?

This post has been edited by j00king: Mon, 5 Nov 2018 - 22:37
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Jlc
post Mon, 5 Nov 2018 - 22:44
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You would have received a verbal NIP - basically that you will be prosecuted for the offence...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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j00king
post Tue, 6 Nov 2018 - 05:51
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QUOTE (Jlc @ Mon, 5 Nov 2018 - 22:44) *
You would have received a verbal NIP - basically that you will be prosecuted for the offence...



It was a blur at the time. But he did say something along the lines of prosecution.
Do you think it’s likely I’ll get the fixed points or a have to go to a court?
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The Rookie
post Tue, 6 Nov 2018 - 06:39
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Unless there is something you’ve not told us then it will be a fixed penalty.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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j00king
post Tue, 6 Nov 2018 - 08:22
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QUOTE (The Rookie @ Tue, 6 Nov 2018 - 06:39) *
Unless there is something you’ve not told us then it will be a fixed penalty.



Nope, that’s all there was to it. Literally 5 minutes stop to give details and my drivers license.
I’ll update everyone when the dreaded letters comes through the post.
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The Rookie
post Tue, 6 Nov 2018 - 10:18
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I'd be very surprised if its not a fixed penalty, all UK forces policy is to issue them for up to 95mph in a 70 limit.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Jlc
post Tue, 6 Nov 2018 - 10:20
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+1


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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j00king
post Tue, 6 Nov 2018 - 19:09
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Hello all again.
I might be thinking a little too ahead of myself here. Yesterday was a blur, the officer at the scene said he clocked me doing 93mph at 1615 on the A20.
He allowed me to take a picture of the speed gun as i wanted to see the calibration date, he also allowed me to take a picture of the speed i was allegedly doing.
The speedgun picture although not clear, shows 1615 like he said. Problem with this is. I finish work at 1610, so i would be at the work car park at 1615.
I called my partner to let her know ill be late picking up the kids at the time i was stopped 1639.
So now i can assume that the time stamp is 20 minutes out.
I work near Maidstone a good 25 miles away.
Would i have a valid case to have this thrown out?

This post has been edited by j00king: Tue, 6 Nov 2018 - 19:25
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The Rookie
post Tue, 6 Nov 2018 - 19:31
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No.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Jlc
post Tue, 6 Nov 2018 - 19:32
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QUOTE (j00king @ Tue, 6 Nov 2018 - 19:09) *
Would i have a valid case to have this thrown out?

No. The time has no bearing on the speed measurement - and you can't argue you were elsewhere when stopped!

This post has been edited by Jlc: Tue, 6 Nov 2018 - 19:32


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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BaggieBoy
post Tue, 6 Nov 2018 - 19:34
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Doubt it, the setting of the clock on the device has nothing to do with the LASER, so the speed is likely to be accurate. If you argue that the clock is wrong they will likely not offer a fixed penalty and take it to court. You could hardly argue you weren't stopped, the clock on the device is pretty irreverent.
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NewJudge
post Tue, 6 Nov 2018 - 19:36
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QUOTE (j00king @ Tue, 6 Nov 2018 - 19:09) *
Would i have a valid case to have this thrown out?

I think you may struggle.

The error in the time stamp (if indeed that's what it is) has no real influence on whether or not you exceeded the speed limit. You would have to show that because the time was inaccurate the device could not be relied upon to accurately measure your speed. As I said, I believe you may struggle.
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j00king
post Tue, 6 Nov 2018 - 19:37
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QUOTE (BaggieBoy @ Tue, 6 Nov 2018 - 19:34) *
Doubt it, the setting of the clock on the device has nothing to do with the LASER, so the speed is likely to be accurate. If you argue that the clock is wrong they will likely not offer a fixed penalty and take it to court. You could hardly argue you weren't stopped, the clock on the device is pretty irreverent.



Oh, I’ll guess I’ll wait for the dreaded letter then.
Does the speed gun have a camera on it that shows it was my vehicle?
Or I’d guess they could use that same reading on another driver?
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NewJudge
post Tue, 6 Nov 2018 - 20:13
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QUOTE (j00king @ Tue, 6 Nov 2018 - 19:37) *
Does the speed gun have a camera on it that shows it was my vehicle?
Or I’d guess they could use that same reading on another driver?

You are exploring avenues which, if pursued, will result in court action. To take advantage of the fixed penalty that will almost certainly be offered you must accept the allegation as it stands. To do otherwise will see you sentenced in accordance with the Magistrates' guidelines. Even if you plead guilty (your best course of action since you seem not to have a viable defence) it will cost you a whole lot more than £100 and see more than three points imposed.
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j00king
post Tue, 6 Nov 2018 - 20:28
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QUOTE (NewJudge @ Tue, 6 Nov 2018 - 20:13) *
QUOTE (j00king @ Tue, 6 Nov 2018 - 19:37) *
Does the speed gun have a camera on it that shows it was my vehicle?
Or I’d guess they could use that same reading on another driver?

You are exploring avenues which, if pursued, will result in court action. To take advantage of the fixed penalty that will almost certainly be offered you must accept the allegation as it stands. To do otherwise will see you sentenced in accordance with the Magistrates' guidelines. Even if you plead guilty (your best course of action since you seem not to have a viable defence) it will cost you a whole lot more than £100 and see more than three points imposed.



You and everyone here are correct, I needed the sense knocked back into me.
Thanks for the time everyone. I’ll keep updating when I get updates.
I’d be happy with the fixed points. And a bonus should I get offered a course.
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BaggieBoy
post Tue, 6 Nov 2018 - 20:48
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QUOTE (j00king @ Tue, 6 Nov 2018 - 20:28) *
And a bonus should I get offered a course.

Way too fast for a course (86 or below).

This post has been edited by BaggieBoy: Tue, 6 Nov 2018 - 20:49
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