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jockmonkey
mad.gif

Well, ok, I was speeding, but the whole process seemed a bit vague to me?

It was 1am saturday morning, had been abroad with work, and got flown home early. Driving up from Luton to stop over with a mate near Derby

Got pulled on M1 near Loughborough.

Officer was following me in a marked car, which I hadn't seen, had been a fair distance behind me, but then came in close before flashers come on.

He told me I had been doing "betweeen 99 and 110 mph" for the 4 miles he had followed me. I wasn't aware I was that fast, got into the car, did the full check, V5 insurance MOT etc etc.

Filled in his paperwork, saying that I would get a summons through from local magistrate. Got no paperwork myself.

Ok, I am guilty, but what is likely to happen? Have a clean licence and no other convictions.
My wife is due to go into hospital in June and will be off work for 3 months. As she won't be able to drive (big op) she can't get herself about and can't work. Hence if i get a ban and lose my job, as she is self employed, will have no income between us, and won't be able to ferry here about to hospital and stuff.

I don't know if this would help my mitigation, and reduce the likelyhood of a ban, or should i just hope for a small ban and get on with it, how bad does insurance go up with a ban on your records?

I am thinking about getting a solicitor involved, but also find it strange that officer didn't quote a single speed, he quoted the range. Friend has suggested, he wanted to see how I behaved once in the panda car, and if he thought I was full of remorse, and really sorry, he might put down the lower speed. I really am confused, and had been on my mind all weekend, any advice would be gratefully received

Cheers

JM icon_hang.gif
Mad Mick V
Jockmonkey,
  1. You need to consult a solicitor
  2. Wait until the summons and find out what speed they are interested in
  3. Plead guilty but at an "admitted" speed of say 96mph (a "Newton Hearing")
  4. Get doctor's statements about your wife's condition and timescales
  5. Work on your mitigation arguement including adverse effects on job and household income
  6. Get a motor engineers report which says your car couldn't do 110mph
  7. Otherwise keep everything crossed.
Mick
Gumby
Most police forces issue a fixed penalty ticket for speeds up to 98mph so you just get £60 fine and 3 points. Some central ticket offices/summons units refuse you the option of this for speeds of over 98mph and it is an instant summons to court.

If you receive a summons request to see any video evidence, perhaps the police vehicle had a speed recording video camera (Provida), was there two officers in the vehicle? or just one? In law, the prosecution cannot rely solely on the evidence of one witness and evidence of speeding needs corroboration. (see Section 89(2) Road Traffic Act).

Otherwise, follow Mad Mick V's advice.
andy_foster
QUOTE (Gumby @ Mon, 21 May 2007 - 15:11) *
Most police forces issue a fixed penalty ticket for speeds up to 98mph so you just get £60 fine and 3 points. Some central ticket offices/summons units refuse you the option of this for speeds of over 98mph and it is an instant summons to court.

If you receive a summons request to see any video evidence, perhaps the police vehicle had a speed recording video camera (Provida), was there two officers in the vehicle? or just one? In law, the prosecution cannot rely solely on the evidence of one witness and evidence of speeding needs corroboration. (see Section 89(2) Road Traffic Act).


Just to be picky, it's usually up to 95 for a fixed penalty. 96 or above is usually an instant summons.
It's s.89(2) Road Traffic Regulation Act 1984, and it doesn't apply to offences under s.17(2) RTRA 1984 - exceeding the motorway speed limit.

Sleep deprivation?
jockmonkey
The officer was solo in the car. No offer to show me the video or other evidence.

I accept being above 96 means a summons, but I still can't understand why he quoted a range of speeds?

I hope they do me for 99, but can't imagine it would be greatly different for 110? Or maybe the higher the speed, then the higher the risk of a ban

I wasn't sleepy, but maybe not as sharp as I should have been. Certainly keeping me awake with worry.

I normally drive above 70, as most people do, but not above 85-90mph. One time I do, this happens. Typical (but still my fault) glare.gif
LancashireLad
I think you will need to wait for the summons. Then find out what devices he used to get your speeds which might give you leeway to argue a lower speed and thus points rather than a ban.
Fight it
QUOTE (jockmonkey @ Mon, 21 May 2007 - 15:26) *
The officer was solo in the car. No offer to show me the video or other evidence.

I accept being above 96 means a summons, but I still can't understand why he quoted a range of speeds?

I hope they do me for 99, but can't imagine it would be greatly different for 110? Or maybe the higher the speed, then the higher the risk of a ban

I wasn't sleepy, but maybe not as sharp as I should have been. Certainly keeping me awake with worry.

I normally drive above 70, as most people do, but not above 85-90mph. One time I do, this happens. Typical (but still my fault) glare.gif


A few years back just before xmas I got done with a unmarked car when they had me int back of there car they said they were doing me for 84 but said that I had hit a speed of 98mph before slowing down!!! talk about lucky unsure.gif !!! So head up and best of luck closedeyes.gif
/dev/null
QUOTE (jockmonkey @ Mon, 21 May 2007 - 15:26) *
The officer was solo in the car.


Unfortunately it only takes one officer on the motorway.
jockmonkey
thanks for all your help and advice

I can't help feeling like it is all about to come crashing down. Job will go if I get a ban, but that is not an issue for the magistrate
Would have been less severely punished at work if I had stole stuff. Amazing

It has certainly changed my feelings, i never normally drove anywhere near that speed, and now feel even less likely.

In fact the way I have felt for the last 48 hours is the worst feeling for years. Enough of a deterant already.
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