Stopped By Mway Police - Not Followed Long Enough For Them To Record My Speed |
Helping the motorist get justice 
Helping the motorist get justice
Stopped By Mway Police - Not Followed Long Enough For Them To Record My Speed |
 Mon, 5 Nov 2018 - 13:39
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#1
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Member Group: Members Posts: 14 Joined: 13 Jun 2017 From: Bedfordshire Member No.: 92,480  |
Travelling on the A1M late last night and I didn't spot the police sat on the bridge above.
Because of the time it takes them to get down the slip road to chase me, and because I was turning off at the next junction 3 miles away they were never close enough to record my speed. When they did catch up and stop me all the copper could say, after telling me my rights, was "travelling at over 100mph" Can the CPS prosecute if the police can't actually prove what speed I was going? Can they use the arguement that they had to go at such and such a speed to catch me therefore I must of been going too fast? Has anybody got direct experience of this sort of situation they could relay? Cheers, Paul |
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Mon, 5 Nov 2018 - 13:39
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Mon, 5 Nov 2018 - 13:44
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#2
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
It doesn't need a measurement of speed
For alleged speeding on a motorway, the opinion of a single police officer that you were exceeding the limit is enough |
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Mon, 5 Nov 2018 - 14:14
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#3
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 Member Group: Members Posts: 13,581 Joined: 28 Mar 2010 Member No.: 36,528 |
The offence is exceeding the speed limit, not travelling at a particular speed, so that is all they have to prove for a conviction. The speed becomes relevant for sentencing, and the court would be likely to take it as 101mph, which would result in a fine of 150% of weekly net earnings, less 33% for a guilty plea plus a surcharge of 10% (min. £30), plus £85 costs and 6 points or 7 to 56 days disqualification, with 6 points most likely.
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Mon, 5 Nov 2018 - 15:57
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#4
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Member Group: Members Posts: 14 Joined: 13 Jun 2017 From: Bedfordshire Member No.: 92,480 |
QUOTE (Logician @ Mon, 5 Nov 2018 - 15:14)  The offence is exceeding the speed limit, not travelling at a particular speed, so that is all they have to prove for a conviction. The speed becomes relevant for sentencing, and the court would be likely to take it as 101mph, which would result in a fine of 150% of weekly net earnings, less 33% for a guilty plea plus a surcharge of 10% (min. £30), plus £85 costs and 6 points or 7 to 56 days disqualification, with 6 points most likely. I think they have to proove beyond all reasonable doubt that I was speeding. If I could afford Beckhams laywer I bet he'd get me off  I'll let you know what happens, the cps make the decision to prosecute, maybe they wont be bothered!! |
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Mon, 5 Nov 2018 - 16:08
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#5
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 Member Group: Members Posts: 41,580 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Did they say they were going to progress the matter?
Were they using any speeding gun? -------------------- 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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Mon, 5 Nov 2018 - 16:41
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#6
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Member Group: Members Posts: 14 Joined: 13 Jun 2017 From: Bedfordshire Member No.: 92,480 |
QUOTE (Jlc @ Mon, 5 Nov 2018 - 17:08) Did they say they were going to progress the matter? Were they using any speeding gun? The copper said he would write a report when he got back to the station. The first thing they said to me was to read me my rights, (the anything you may say etc etc) I'm thinking they may of been after some sort of self incrimination. There was no radar gun, they didn't invite me into their car to watch a video. They haven't a clue what speed I was going, all they can do is guess. Is that enough to prosecute? I don't know  |
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Mon, 5 Nov 2018 - 16:48
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#7
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 Member Group: Members Posts: 56,260 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Thier opinion is enough to convict, yes.
If you’re blazing past everything else on the motorway and they’ve been watching the cars for a while, as you well know it’s pretty obvious you’re speeding. Whether they will take it further is anyone’s guess. -------------------- 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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Mon, 5 Nov 2018 - 16:50
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#8
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Member Group: Members Posts: 41,580 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Have a read of this flamepit thread.
The video may assist the prosecution - depending on what it shows they may be able to calculate a speed. -------------------- 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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Mon, 5 Nov 2018 - 17:49
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#9
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
The problem you have is that even if you can raise a reasonable doubt that you weren't going quite as fast as alleged, you're going to be hard pressed to show that the officer was so mistaken that you reasonable might have been doing 70 or less.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mon, 5 Nov 2018 - 17:59
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#10
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Member Group: Members Posts: 1,548 Joined: 17 May 2010 Member No.: 37,614 |
If it does end up in court you may want to read up on "Newton Hearings" .... where you admit speeding but dispute the actual speed alleged
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Fri, 7 Dec 2018 - 14:58
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#11
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Member Group: Members Posts: 14 Joined: 13 Jun 2017 From: Bedfordshire Member No.: 92,480 |
It's been over a month now and I've heard nothing
 Looks like I've dodged a short driving ban. My 27 year clean licence is still intact Happy Days. |
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Fri, 7 Dec 2018 - 15:00
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#12
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Member Group: Members Posts: 288 Joined: 18 Apr 2016 Member No.: 83,810 |
QUOTE (Bigwizzard @ Fri, 7 Dec 2018 - 14:58) It's been over a month now and I've heard nothing Looks like I've dodged a short driving ban. My 27 year clean licence is still intact Happy Days. If you were cautioned at the roadside then they've got much longer than a month to begin legal proceedings... -------------------- PCNs sucessfully contested with the help of this forum:
Newham 1/1 Enfield 1/1 Hackney 3/4 Ealing 0/1 LCC 1/1 CoL 1/1 PPC successfully contested with the help of this forum: UKPC 1/1 TPS 1/1 ECP 0/1 Overall success rate getting tickets overturned: 75% |
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Fri, 7 Dec 2018 - 15:02
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#13
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Member Group: Members Posts: 41,580 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Indeed, 6 months.
-------------------- 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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Fri, 7 Dec 2018 - 15:14
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#14
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
QUOTE (Jlc @ Fri, 7 Dec 2018 - 15:02) Indeed, 6 months. And they have a horrible habit of taking every day of those 6 months before commencing proceedings. -------------------- |
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Fri, 7 Dec 2018 - 15:52
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#15
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Member Group: Members Posts: 41,580 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
...and the paperwork can arrive outwith 6 months too.
-------------------- 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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Fri, 7 Dec 2018 - 17:37
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#16
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 Member Group: Members Posts: 3,140 Joined: 19 Jun 2004 From: Surrey Member No.: 1,326 |
QUOTE (Redivi @ Mon, 5 Nov 2018 - 13:44) It doesn't need a measurement of speed For alleged speeding on a motorway, the opinion of a single police officer that you were exceeding the limit is enough I believe it was suggested a couple of years ago that the opinion of one officer, without corroboration, even on a motorway is unlikely to proceed (unless I misread): http://forums.pepipoo.com/lofiversion/index.php/t109607.html |
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Fri, 7 Dec 2018 - 17:41
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#17
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
Depends, some CPS areas will run stuff that other CPS areas won't. And I really wouldn't bank on prosecutorial discretion, ever, under any circumstances.
This post has been edited by cp8759: Fri, 7 Dec 2018 - 17:41 -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Thu, 23 May 2019 - 09:38
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#18
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Member Group: Members Posts: 14 Joined: 13 Jun 2017 From: Bedfordshire Member No.: 92,480 |
Well 6 months was up on the 5th of May and I've heard nothing.
Make of that what you will. I'm of the opinion that they actually need to have proof of speeding for the court to make a decision, and as they haven't I didn't hear anything. |
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Thu, 23 May 2019 - 10:54
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#19
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Court papers can take a month to arrive so you must wait a couple more weeks before you can relax
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Thu, 23 May 2019 - 11:11
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#20
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Member Group: Members Posts: 56,260 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
QUOTE (Bigwizzard @ Thu, 23 May 2019 - 10:38) I'm of the opinion that they actually need to have proof of speeding for the court to make a decision, and as they haven't I didn't hear anything. Unfortunately your opinion is contradicted by the law, however it's rare for them to just rely on opinion based proof these days. -------------------- 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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