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FightBack Forums > Queries > Speeding and other Criminal Offences
ryan206
hey everyone, been a sad day tonight.

i was on my way home from the cinema with a few friends, when i was caught doing 54mph in a 40mph. which may i add is a stupid road limit as it is a dual carriageway. the road in question is the A33 in reading which runs along outside the Jaguars of Reading, just before the Madejski stadium.

the police where pulled in a turning off, monitoring speed of people going by. i did not see them until i had to stop at traffice lights, where they asked me to pull over.

so i pulled over and was asked to get out the car, and he asked if i knew what speed i was doing, and i said that i didnt know because i was concentrating on the road. i have only had my license a month today so i am still very cautious to the speed i am doing and the limits on the roads.

so he read me my rights and then took me into the car where he filled out a fixed penalty notice with all the correct details HOWEVER he filled out the make of the car wrong. I was driving a peugeot 206, and he has written 106. Maybe a possible loophole there, and also as i was driving pass, i was in the outside lane furtherst away from him and inside me was a 106 which was going at the same speed as me.

anyways, on the Fixed penalty notice it says i have 28 days to pay the fine or to reply saying i am taking them to court.

they took my license away saying that they were going to send it to the head office in banbury to get the points put on which i thought was a bit odd, that they took both parts of my license.

so is there any hope? any way i can fight this battle? maybe the fact that they wrote down the make wrong of the car and that there was indeed a car inbetween the police vehicle and myself?

Please help!!!!! dont want 3 points, let alone the fine!!!
jeffreyarcher
Since you were pulled at the time, you are screwed.
The only possible defence is lost because you had your licence with you, and let them know.
Pay the FPN, and learn from your mistake. Don't carry your licence with you.
thamesvalley
As soon as you came off the first roundabout last night (PC World/Halfords Junc.) heading southbound you could clearly see the fully livered up Omega Estate parked there, (On the left on the new "Kennet Island" development) ... It wasn't hidden and its slightly raised up from the road ... There really are no excuses ...

Sorry sir ... I went past at 25 !?!??!
patdavies
QUOTE (jeffreyarcher @ Mon, 12 Jun 2006 - 03:03) *
Since you were pulled at the time, you are screwed.
The only possible defence is lost because you had your licence with you, and let them know.
Pay the FPN, and learn from your mistake. Don't carry your licence with you.



And for the next 23 months, drive like a saint.

If you get another 3 points in your fisrt 2 years, your licence will be revoked
ryan206
driving like a saint i shall be indeed! sticking to speed limits everywere from now on, learnt my lesson!!!!!

just out of interest, if i didnt have my license on me, what could i have done to get out of it?

also, is it possible for me to try and get a copy of the hand held speed gun calibration?
jeffreyarcher
QUOTE (ryan206 @ Mon, 12 Jun 2006 - 19:06) *
just out of interest, if i didnt have my license on me, what could i have done to get out of it?

You get a solicitor and don't go to court, e.g. here and the second case here.
It doesn't have to be Nick Freeman.
bazz
A few of these cases Mr. Freeman has taken on a won seem to be based on idenification, how do you think this works out ?

1. the police stop the driver of the said vehicle for the offence.
2. police as the driver if they have any ID on them
3. driver has no ID, and does not sign any fixed penalty ticket
4. when it all comes to a head the driver says it was not him as the police did not see any ID and dont have a signature on any paperwork ?

Just wondering ........
Digits
Do a pass plus course in order to try and get your insurance down.

As for handing over your licence at the time, you admit guilt when you've done that so no as someone else said 'you're screwed', sorry!
ryan206
sorry to bring this thread back, but i have decided to have a go and fight back. some of you may not agree with me doing this, but i for my own reasons has decided to do this.

i have a couple of questions...

with regards to the speeding ticket, is there any way i can get evidence of the speed camera reading? or can i only ask to see that the device has been checked etc..?
also, if i do go to court and contest it, is there any likely chance that i would get an even greater fine??
jeffreyarcher
QUOTE (ryan206)
is there any way i can get evidence of the speed camera reading? or can i only ask to see that the device has been checked etc..?

Not until after you have rejected the FPN, requested a court hearing, and a summons has been received.
If there was only a radar gun, there probably won't be any evidence anyway. He will just say in court that, "I formed the opinion that the vehicle was speeding, and that was corroborated by the device, which showed a reading of 54 MPH."
QUOTE (ryan206)
if i do go to court and contest it, is there any likely chance that i would get an even greater fine??

Assuming a guilty verdict, you are guaranteed to be fined more than £60. There will also be costs. For that speed, you are almost certain to get more than three points too.
Why are you contesting it? What possible defence do you have?
ryan206
this my argument...

QUOTE
The Manager
Fixed Penalty Support Unit

PO Box 156
Warwick Road
Banbury
OX16 2UX



17th June 2006



Dear Sir or Madam,



On Sunday 11th of June 2006, I was pulled over by police in Reading on the A33 at 22:30pm. On my Fixed Penalty Notice the road where I was stopped is the A33 Relief Road which is a two lane road with a limit of 40mph. I have only had my licence one month and have been abiding by the speed limits wherever I go.



I was concentrating on the road and the speed at which I was going and when I was pulled over I was asked to step out of my vehicle and then told that I was doing 54mph on the road which has a 40mph speed limit, I was not shown the reading. I did not question this as I was very nervous as I have never had any encounters with the police.



As I was in the outside lane of the 2 lane road, when I noticed a set of headlights approaching rather quickly. I looked in my side mirror to see if I could move across to the inside lane to let the approaching vehicle pass, but by then the car that was behind me was already in the inside lane still approaching very quickly and was undertaking me.

I had spotted the police vehicle parked in the road on the left and I took no notice as I was not speeding, but as the vehicle approaching was alongside me, I noticed that it was a Peugeot 106 which was speeding up to and past me thus undertaking me.

I believe that this is where the mistake has been made. I drive a Peugeot 206 not 106, and on the Fixed Penalty Notice it says Peugeot 106. I believe that I was wrongly stopped and I wish see the evidence to prove it was me that was speeding and also the calibration certificate for the gun, and the training certificate for the officer using it. If these documents can be provided I shall take this case no further and pay the penalty and accept the points.


i believe that i could get out of it, i understand that i should take the punishment however, i did not get to see the speed which is in question on the hand held speed reader, and i do believe that they could have got the wrong car. the above is true, so i believe that they could have got the wrong car.
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