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Full Version: 39 in a 30, but at nearly midnight!
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gtb
Hi,

39 (not sure about that!) in a 30mph, BUT it was 2330!!!

1. The name of the Constabulary: Leicestershire
2. Date of the offence: 8th April 2006
3. Date of the NIP: 12th April 2006
4. Date you received the NIP: 13th April 2006
5. Location of offence): welford road (near prison) leicester
6. Was the NIP addressed to you?: Yes
7. Was the NIP sent by first class post, second class or recorded delivery?: dosn't state = stamp says 0031, so I guess first class
8. Are you the Registered Keeper of the vehicle concerned?: Yes, I’m the registered keeper
9. How many current points do you have? : 0
10. Provide a description of events:

Used to live in leicster , so knew roads inside out and in many ways was on autopilot.
Fixed speed cameras weren't around then though!

Just left a gig,on own, at 1130 pm ie half hour before midnight.
Empty roads, was deciding which way to head home (40 mins away) and on the road leaving leicester, 3 lanes, coming up to set of green lights, passing the Royal Infirmary hospital (where I used to work) when I was flashed 2/3 times.
Shocked I looked at my speedo - 35mph I saw, though I could of slammed on my brakes in reflex.
Ok, I broke the speed limit and happy (sort of) to pay fine, but not keen on the points.

Can't see how I can use PACE as it would be hard to state it was the wife as she was tucked up in bed at home! Too late at night, and too far away from home to claim I wasn't sure who was driving (would be the judge's opinion I would guess!)

Any way round this?
Can't see it, but any help espically in view to points would be welcomed.

Gareth
Gtb
DIPPER
Why should the fact that your wife was "at home in bed" prevent you from using PACE
andy_foster
QUOTE (gtb @ Mon, 17 Apr 2006 - 10:33) *
Can't see how I can use PACE as it would be hard to state it was the wife as she was tucked up in bed at home!


???
The PACE statement defence does not involve dishonestly naming someone else.
gtb
I thought the PACE argument was used if I could not be certain who was driving the car?

As my car is driven only by myself and the wife, and can't see how I can convincingly state I am not sure who was driving it that late in the day(ie near midnight), a good 40 miles from my home.

Or have I got this all wrong?

gtb
andy_foster
QUOTE (gtb @ Mon, 17 Apr 2006 - 15:35) *
Or have I got this all wrong?


The PACE argument is about compulsory self-incrimination (and the lack of a caution).
The successfully prosecute you for speeding, they must prove that you were driving.
To do this, they compel you (under threat of criminal sanction) to provide information regarding the driver's identity. Therefore, this information should not be admissible as evidence against you.
gtb
QUOTE
The PACE argument is about compulsory self-incrimination (and the lack of a caution).
The successfully prosecute you for speeding, they must prove that you were driving.


So, from what you're saying is that I should ask for the photo, and if they cant prove its me (which they wont, cos you'll only see the back of the car, then tough tit, I fill out a PACE and see what happens next?

What exactly would happen next? blink.gif
What pressure would they put me under? excl.gif
gtb
patdavies
QUOTE (gtb @ Tue, 18 Apr 2006 - 18:49) *
QUOTE
The PACE argument is about compulsory self-incrimination (and the lack of a caution).
The successfully prosecute you for speeding, they must prove that you were driving.


So, from what you're saying is that I should ask for the photo, and if they cant prove its me (which they wont, cos you'll only see the back of the car, then tough tit, I fill out a PACE and see what happens next?

What exactly would happen next? blink.gif
What pressure would they put me under? excl.gif
gtb


Whether you can or cannot be identified from the photographs is absolutely irrelevant to using the PACE statement.
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