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Teenage speeding
machinehead
post Sat, 9 Mar 2019 - 09:45
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Hi, posting for my lad.

Got pulled over for doing 65 in a 40 on a dual carriageway. My fault but I've never driven this road before and the sign stating the speed was broken and unreadable. I thought it was the national speed limit. Anyway, the council have confirmed that a repair was made to the speed sign after the date I was stopped. The officer showed me on his dashcam how fast I was going and although I admitted to it and pointed out the broken sign he proceeded to gob off at me calling me a 'little d1ckhe@d'. This is my first time being done for speeding so I am wondering what to expect? I'm 19 and on apprentice wages and just under the 2 year passed limit. V worried. Also, it's been over 2 weeks and nothing thru' the post.

Any advice would be appreciated.

This post has been edited by machinehead: Sat, 9 Mar 2019 - 09:46
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post Sat, 9 Mar 2019 - 09:45
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The Slithy Tove
post Sat, 9 Mar 2019 - 10:17
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You were probably given a verbal NIP at the roadside, so you won't get an NIP/S.172 in the post, so forget any 14 day deadline. I'm not qualified to comment if you have any kind of "defence" regarding the signage.
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The Rookie
post Sat, 9 Mar 2019 - 10:30
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Any photos of the signage? How broken? Did YOU see it?

A Google street view link to where the broken sign was and also for where he was actually stopped would help.

The broken signage MAY be a defence, however if he's been written up for 65 then there's a good chance he'll get offered a fixed penalty (he's right at the upper limit) of 3pts and £100 which is certainly preferable to going to court.

Erm, dare I say that if he could point out to the copper the sign was broken he had clearly seen it, as they are usually in pairs and the other was presumably readable then the legal requirement for 'adequate guidance' may well have been met kind of by his own admission. I wonder if that elicited the officers rather unprofessional sounding response.

Word of warning, in these cases (child report via parents) it's not at all uncommon for the child's version of events to change somewhat as more 'facts' become available.

Any fixed penalty offer will usually arrive within 4 weeks (though 6 isn't unusual) otherwise a court 'summons' has to be issued within 6 months of the offence and may arrive slightly later. If the council has fixed the sign I presume this was at least a few days ago?

This post has been edited by The Rookie: Sat, 9 Mar 2019 - 10:32


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cp8759
post Sun, 10 Mar 2019 - 14:06
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QUOTE (machinehead @ Sat, 9 Mar 2019 - 09:45) *
Hi, posting for my lad.

Got pulled over for doing 65 in a 40 on a dual carriageway. My fault but I've never driven this road before and the sign stating the speed was broken and unreadable. I thought it was the national speed limit. Anyway, the council have confirmed that a repair was made to the speed sign after the date I was stopped. The officer showed me on his dashcam how fast I was going and although I admitted to it and pointed out the broken sign he proceeded to gob off at me calling me a 'little d1ckhe@d'. This is my first time being done for speeding so I am wondering what to expect? I'm 19 and on apprentice wages and just under the 2 year passed limit. V worried. Also, it's been over 2 weeks and nothing thru' the post.

Any advice would be appreciated.

If they offer a fixed penalty notice, accept it.


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machinehead
post Sun, 24 Mar 2019 - 11:23
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Thanks for the replies, guys. Still nothing in the post for him so I guess he'll have to wait until the end of August.
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machinehead
post Thu, 11 Jul 2019 - 18:32
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Hi Guys.
An update to speedy son.
He has been charged with an offence that can be dealt with by way of the 'Single Justice Procedure'.
He's been charged with going over the 40mph limit and intends to plead guilty. He is worried that if he gets a ban will he have to retake his test as he was caught while under the 2 year passed limit, he goes over the 2 year passed line on 14 July. Also, in the pack, nowhere does it say how fast he was going and there is no statement from the officer who stopped him. Any advice/reassurance would be appreciated but that lad will be learning a lesson.

Cheers,
Taxi Dad. rolleyes.gif ohmy.gif
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Jlc
post Thu, 11 Jul 2019 - 18:39
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It is likely he will get 6 points at that excess and his licence will be revoked. (It's at the top end of the 4-6 point sentencing guidelines)

QUOTE (machinehead @ Thu, 11 Jul 2019 - 19:32) *
... he was caught while under the 2 year passed limit, he goes over the 2 year passed line on 14 July.

Yup, it's the date of the offence that matters. The revocation is an administrative matter by the DVLA.


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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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thisisntme
post Fri, 12 Jul 2019 - 14:10
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I think his only hope (save proving defective signage) will be to beg for 5 or fewer points citing the risk of revoking of licence will concentrate his mind...


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NewJudge
post Fri, 12 Jul 2019 - 14:21
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That speed is at the very top end of the band for which the penalty is either a short ban or 4 to 6 points. So six points is a very high probability. If there is no defence available because of defective signage your son has one final throw of the dice (which is unlikely to succeed) to explore. He could ask the court to disqualify him for a short period (disqualification - for any period - somewhat perversely does not trigger revocation). The problem he faces is that the court has guidance which says that where there is such a choice between a ban and points where points would lead to revocation (or "totting up") then points should be imposed. As I said, unlikely to succeed but worth a shot.

As mentioned revocation is not carried out judicially by the court but administratively by the DVLA and the court has no discretion over the matter.
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machinehead
post Fri, 3 Jan 2020 - 12:45
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Hi Guys.
Just to update on my lad, he got a £365 fine, a 3 week ban, now served, and zero points. Lucky boy.
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The Rookie
post Fri, 3 Jan 2020 - 12:49
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A decent result under the circumstances and I bet he's driving like Miss Daisy is next to him!


--------------------
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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NewJudge
post Fri, 3 Jan 2020 - 12:54
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Thanks for the feedback. A very lucky boy. Just out of interest, did he ask the court to consider a ban instead of points or did they do so of their own volition?
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666
post Fri, 3 Jan 2020 - 13:13
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QUOTE (The Rookie @ Fri, 3 Jan 2020 - 12:49) *
A decent result under the circumstances and I bet he's driving like Miss Daisy is next to him!

I hope not. Miss Daisy was an appalling driver!
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NeverMind
post Fri, 3 Jan 2020 - 13:40
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QUOTE (666 @ Fri, 3 Jan 2020 - 13:13) *
I hope not. Miss Daisy was an appalling driver!


I know, "Miss Daisy was a careful driver" is up there with "Frankenstein was the name of the monster" for mis-remembered film characters wink.gif


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Jlc
post Fri, 3 Jan 2020 - 13:52
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QUOTE (machinehead @ Fri, 3 Jan 2020 - 12:45) *
Just to update on my lad, he got a £365 fine, a 3 week ban, now served, and zero points. Lucky boy.

It's points or a ban - but both are declarable to insurers.


--------------------
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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southpaw82
post Fri, 3 Jan 2020 - 14:45
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QUOTE (NeverMind @ Fri, 3 Jan 2020 - 13:40) *
QUOTE (666 @ Fri, 3 Jan 2020 - 13:13) *
I hope not. Miss Daisy was an appalling driver!


I know, "Miss Daisy was a careful driver" is up there with "Frankenstein was the name of the monster" for mis-remembered film characters wink.gif

And nobody really cares about either.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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The Rookie
post Fri, 3 Jan 2020 - 18:53
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QUOTE (666 @ Fri, 3 Jan 2020 - 13:13) *
QUOTE (The Rookie @ Fri, 3 Jan 2020 - 12:49) *
A decent result under the circumstances and I bet he's driving like Miss Daisy is next to him!

I hope not. Miss Daisy was an appalling driver!

NEXT TO HIM...... so why you hope not is beyond me.


--------------------
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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666
post Fri, 3 Jan 2020 - 19:00
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QUOTE (The Rookie @ Fri, 3 Jan 2020 - 18:53) *
QUOTE (666 @ Fri, 3 Jan 2020 - 13:13) *
QUOTE (The Rookie @ Fri, 3 Jan 2020 - 12:49) *
A decent result under the circumstances and I bet he's driving like Miss Daisy is next to him!

I hope not. Miss Daisy was an appalling driver!

NEXT TO HIM...... so why you hope not is beyond me.

Sorry - missed that completely. Specsavers calls ...
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essexdriver
post Mon, 6 Jan 2020 - 10:15
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And the cinematic references may well have lost an answer to New Judge's query as to whether the son or the court instigated the ultimate judgement (which had been described as unlikely)..............
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machinehead
post Sun, 26 Jan 2020 - 12:27
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QUOTE (NewJudge @ Fri, 3 Jan 2020 - 12:54) *
Thanks for the feedback. A very lucky boy. Just out of interest, did he ask the court to consider a ban instead of points or did they do so of their own volition?


Hi. It was their own volition after he explained he needed his car for work. They made him phone his boss to tell him as he dare not do it. 50 mins he was in there and they sent him on his way with a flea in his ear and a warning that they never want to see him again. He's a very lucky boy. Insurance has gone thru' the roof as well as a week after being back on the road he wrote his bloody car off. rolleyes.gif Karma I guess.
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