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stoneyboycool
Hi all,

I'm looking for some advice after last night.

Pulled by the traffic car last night for doing 101.2mph on A9, think it was north of Kingussie (30 miles from Inverness). They were sat in a turn-in with a gun, don't know which type

I'd just overtaken some slow moving traffic on single road, when i saw them parked on right. They came out and flashed at the next layby. There were two officers in the car and some random dude in the back, who got out and I went in. Seemed a bit starnge to have a civilian in the back on speed trap. One officer checked out on the bat-phone, the other checked my license, cautioned me (but quted the wrong registration number), told me the alleged speed and explained that it would be referrred to inverness sheriff court for the speed. Also that it was the PF's decision on whether it's dangerous, careless or speeding but that any1 would probably result in a ban. From what he said it sounded like he expected/or would report it as speeding offence.

To rub salt into the wounds, the batcave reported that my MOT had expired 1 month ago, to my surprised.( had it less than a year). When i questioned they seemed to be content that it had been an innocent oversight on my behalf and I was sent on my way. Cops seemed keen just to get rid of me. As i left Mr Random hopped back it the batmobile and they sped off, probably back to their hunting ground, hungry for more.

The road was dark(no lights), straight and dry. Cop said conditions were good

I left with nothing to show, only recommended to get an MOT. Is this standard procedure not to arrest me or give me any documents?? Does the random in the car give me any comeback?? What are the impications of expired MOT??

5yrs ago I got a CD30 and 5 points, which are off now. Any ideas of likely proceedings and outcome?? I saw a guy caught in the same place 2 yrs ago go a 2 month ban.

Any advice and information will be graciously accepted. Cheers.
Cupid_Stunt63
QUOTE
One officer checked out on the bat-phone

QUOTE
To rub salt into the wounds, the batcave reported that my MOT had expired

QUOTE
As i left Mr Random hopped back it the batmobile and they sped off, probably back to their hunting ground, hungry for more.

If the speed dont get you banned, an attitude like that in front of the beak will for starters.
now i'm no cop lover, but i do wish there was more of this kind of enforcement on our roads instead of the automated flash flash ching ching money making machine this country is becoming.
being stopped by the plod is notoriously difficult to contest. and as there was 2 of them plus their mystery passenger (you can bet your arse whoever it was, they where supposed to be there) i dont see you having much hope of avoiding the conviction for speeding. over 100 on an A road is almost certainly a short ban. and i would not be surprised to see the MOT thing return to haunt you too.
jeffreyarcher
Whilst, in general, stops at the time are the hardest to defeat, they are easier to beat in Scotland than in England.
Further, if you need your licence for your job, because a ban is almost certain, you may be able to get legal aid.
One for a Scottish lawyer, methinks. See the FAQ, or these people.
Peter51
I am not sure what your chances are of Legal Aid but I can tell you that specialist lawyers will want north of £2000 to handle your case.
jeffreyarcher
QUOTE (Peter51 @ Wed, 2 Apr 2008 - 13:34) *
but I can tell you that specialist lawyers will want north of £2000 to handle your case.

That may well be the position in England, but I am a led to believe that it is not neccessarily the case in Scotland.
Lexus_Ian
QUOTE
I am not sure what your chances are of Legal Aid but I can tell you that specialist lawyers will want north of £2000 to handle your case.


Much to my surprise I qualified for legal aid in my fight 9 years ago. My lawyer said that as I was fighting to keep my licence to keep my job I qualified that way, signed the legal aid papers and they did the rest...

At that speed on the A9 would reckon a ban is looking lightly, not sure how quickly the PF will take to process and give you a court date but should be enough to get as much back ground info as possible befor heading to court.

Would recomend an Inverness lawyer as they will be used to dealing with the local court and defending people at similar speeds.

Good luck
stoneyboycool
QUOTE (Cupid_Stunt63 @ Tue, 1 Apr 2008 - 23:39) *
QUOTE
One officer checked out on the bat-phone

QUOTE
To rub salt into the wounds, the batcave reported that my MOT had expired

QUOTE
As i left Mr Random hopped back it the batmobile and they sped off, probably back to their hunting ground, hungry for more.

If the speed dont get you banned, an attitude like that in front of the beak will for starters.
now i'm no cop lover, but i do wish there was more of this kind of enforcement on our roads instead of the automated flash flash ching ching money making machine this country is becoming.
being stopped by the plod is notoriously difficult to contest. and as there was 2 of them plus their mystery passenger (you can bet your arse whoever it was, they where supposed to be there) i dont see you having much hope of avoiding the conviction for speeding. over 100 on an A road is almost certainly a short ban. and i would not be surprised to see the MOT thing return to haunt you too.



I wasn't like that with plod. Cooperated and just sat with head in hands in car and towed the line. Just unleashed a bit on my post.

Any suggestions potential otcome from lack of MOT? And would that be including with the speeding?
stoneyboycool
QUOTE (jeffreyarcher @ Wed, 2 Apr 2008 - 03:32) *
Whilst, in general, stops at the time are the hardest to defeat, they are easier to beat in Scotland than in England.
Further, if you need your licence for your job, because a ban is almost certain, you may be able to get legal aid.
One for a Scottish lawyer, methinks. See the FAQ, or these people.



Thanks for all for replying. Car is needed for my job, and to run my poor frail lonely granny to the hospital to see my sickly gramps. I'll lokk into the lawyers. Thanks
stoneyboycool
QUOTE (Lexus_Ian @ Wed, 2 Apr 2008 - 21:51) *
QUOTE
I am not sure what your chances are of Legal Aid but I can tell you that specialist lawyers will want north of £2000 to handle your case.


Much to my surprise I qualified for legal aid in my fight 9 years ago. My lawyer said that as I was fighting to keep my licence to keep my job I qualified that way, signed the legal aid papers and they did the rest...

At that speed on the A9 would reckon a ban is looking lightly, not sure how quickly the PF will take to process and give you a court date but should be enough to get as much back ground info as possible befor heading to court.

Would recomend an Inverness lawyer as they will be used to dealing with the local court and defending people at similar speeds.

Good luck



Thanks for the reply.

What background info do you mean i'll need before court? How much did the legal aid cover?
jeffreyarcher
QUOTE (stoneyboycool @ Wed, 2 Apr 2008 - 22:13) *
Any suggestions potential otcome from lack of MOT?

I wouldn't worry about it. No MOT is not endorsable, even if they do prosecute you.
Lexus_Ian
QUOTE
How much did the legal aid cover?


Got legal cover for the lot even although I was working, Lawyer said I was entitled to it so I wasnt going to argue, remember though this was 9 years ago not sure how much things have changed.

Re Info, if you can tell us on here what was used to measure your speed etc others may be able to offer more/better advice..
stoneyboycool
QUOTE (Lexus_Ian @ Thu, 3 Apr 2008 - 07:42) *
QUOTE
How much did the legal aid cover?


Re Info, if you can tell us on here what was used to measure your speed etc others may be able to offer more/better advice..


Don't know waht equipment was used, I don't remember them showing me my speed on a gun or anything. Is there any way i can find this out now?
jeffreyarcher
You may find Tarmac's recent post of interest. Whils he doesn't explicitly say so, it seems to refer to this case.
stoneyboycool
QUOTE (Lexus_Ian @ Wed, 2 Apr 2008 - 21:51) *
QUOTE
I am not sure what your chances are of Legal Aid but I can tell you that specialist lawyers will want north of £2000 to handle your case.


Much to my surprise I qualified for legal aid in my fight 9 years ago. My lawyer said that as I was fighting to keep my licence to keep my job I qualified that way, signed the legal aid papers and they did the rest...

At that speed on the A9 would reckon a ban is looking lightly, not sure how quickly the PF will take to process and give you a court date but should be enough to get as much back ground info as possible befor heading to court.

Would recomend an Inverness lawyer as they will be used to dealing with the local court and defending people at similar speeds.

Good luck



Did you use a lawyer from Inverness ? And if so ca you please recommend them to me
Lexus_Ian
QUOTE
Did you use a lawyer from Inverness ? And if so ca you please recommend them to me


Sorry my encounter was with Dumfries & Galloway with an appearence at Stranraer. Have some business contacts in Inverness so will ask around and see who they recomend. Will PM you the details.
stoneyboycool
I won!!!!!!!!

Case finally got heard at Inverness court last Friday. I was represented by Miss Ferguson from Roadtrafficlaw.com.

She argued my case and within 5 minutes I was a free man. The crown had to drop the case due to bing unprepared.

It was surreal!! The Sherriff, Clerk to court and Fiscal were all kind of stunned that they had to drop the case.

Awesome result!!! It was always the plan but I did have some doubts as to it actually working.

Thanks for all the comments.

BaggieBoy
I hope you claimed costs?
bama
Result !!
Scotland ?

What was the winning argument/point ?
Gaza
QUOTE (BaggieBoy @ Fri, 16 Jan 2009 - 12:53) *
I hope you claimed costs?


No costs either side in Scotland.
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