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FightBack Forums > Queries > Speeding and other Criminal Offences
Tom218
Hey guys, first of all i'd like to say any advice/help is much appreciated.

getting straight to the point i have been caught speeding on a hand held laser gun doing a so called 57 in a 30 area! Now i know people always try to deny it but i genuinely don't think i was doing this. First of all there was a car in front of me i believe was going faster than myself but they didn't get stopped yet i did! When stopped and told of my speed i said i'm sorry but i didn't believe that and why wasn't the car in front also stopped!? They replied with we heard you coming before even seeing you (i'm not some boyracer etc but my exhaust is louder than normal) so i said is that why i got stooped then is it!?
Now i dont know how the laser guns work but my reg didn't show on there so i'm wondering could the speed have been of the car in front but they decided to stop me because of my exhaust?

Next question i have is what's the rules regarding recieving the letter?
A letter was sent stateing i am to appear in court but the thing is they sent it to the wrong address and it went to a house a couple doors up who that person then dropped into myself. Now is this something i can use to help me because the policeman that stopped me actually wrote the wrong adress in his statement aswell!?

thanks for reading
Hotel Oscar 87
Hi Tom218

As a starter - it will mean backtracking on your story to some degree - please complete the NIP Wizard. Click here. This will enable us to look at the facts surrounding your case in a format that we are familiar with.

It would seem that by some means you have received a summons (the fact that it went to the wrong address but still found you means that it has been properly served - sadly).
Tom218
thank you for the reply.

i've looked at the paperwork i've received and yes it's a summons so i havent actually had a NIP. In the officers statement he wrote that a verbal NIP was given.
I understand i obviously got the letter in the end but what would of happened if i didn't know my neighbours or they had been away resulting in me not actually receiving it??
Chas820
QUOTE
what would of happened if i didn't know my neighbours or they had been away resulting in me not actually receiving it??


The trial would go ahead and you would be found guilty dvla would put the points on and i believe an arrest warrent could be made out.
Keds
If you don't attend, then as suggested you will be found guilty, a record of your current points will be produced, if you are now a totter (12 points or more) then you will be sent a letter asking you to appear before the court, so you can banned.

If you are not a totter, then, the points will be put onto your licence and you'll be sent a letter.

You won't be arrested, if they arrested every driving offender who doesn't come into court, they'd need to have even more prisons built.



Pikachu
Actually in quite a lot of courts round the country what would happen is if you didn't turn up you would be convicted in your absence. If you were not a totter points and a fine would be imposed in your absence. If you didn't pay the fine a long way down the road you might be arrested as a fine defaulter and hauled into court with the possibility of imprisonment in default.

If you were a totter (or someone doing 30mph over the limit) you would be sent a letter asking you to attend to be disqualified with what's called a warrant warning. If you still failed to show a warrant would be issued (usually these days without bail) which means you would be circulated as wanted, arrested and brought to court (the warrants office I know best would try & get hold of you to give you a chance to surrender yourself first, better for you less police time wasted). Prison doesn't come into it only police cells. This is not a theoretical possibility this happens on a more than daily basis in just one court I know.

A verbal NIP is just as good as any other NIP.

saracengb
QUOTE (Tom218 @ Mon, 11 Feb 2008 - 00:52) *
Now i dont know how the laser guns work

Now might be a good time to find out rolleyes.gif
QUOTE
but my reg didn't show on there so i'm wondering could the speed have been of the car in front but they decided to stop me because of my exhaust?

Your exhaust note probably assisted the officer in forming prior opinion? Police mobile units don't always use cameras AFAIK. So your reg number was probably recorded using pen and paper. You'll be hard pushed to fight this one IMHO
QUOTE
Next question i have is what's the rules regarding recieving the letter?
A letter was sent stateing i am to appear in court but the thing is they sent it to the wrong address and it went to a house a couple doors up who that person then dropped into myself. Now is this something i can use to help me because the policeman that stopped me actually wrote the wrong adress in his statement aswell!?


I think this one's already been covered?
The Rookie
The point saracen seems to have missed is you were stopped at the time, this was a real police operation, and not the scammers...

The officer needs to form an opinion of excess speed and corroborate by means of an approved device, this he says he has done, disproving it will be next to impossible.

You do not say you were not speeding, so perhaps the netter tact is to enter what is known as a 'Newton plea' where you plead guilty to the absolute offence of speeding, but contest the facts of the case, in this case the alleged speed, tell them what speed you believe you were doing, point out you were following another car at a fixed distance that was not stopped (maybe they could only stop one and picked you due to your loud exhaust?)

Simon
Tom218
Thanks for all the replies it's much appreciated.

Have had a good read through and basically think i'm screwed! Don't think it will help at all but all i can do is explain the situation and put forward that i need my license for my job and hope for the best!!

Thanks again
Tom
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