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FightBack Forums > Queries > Speeding and other Criminal Offences
mastero
Hi there just new to the forum and this is my first post would like to say hello to all the other forum members before i get started.

Right so here is what happend was driving down the road on christmas eve and was driving down a 50MPH strech of Road.

I was minding my own bussiness in a hurry to get home for christmas obviously just finished work.

Looked in my mirror and seen a BMW (unmarked) with blue flashing lights so I pulled in at the next avaliable point.

The officers were in no Christmas mood and said they just jointed me on the fly over and seen that i was going slightly faster than the other cars and used the camera in the car the one on the screen (what ever that is called) and caught me going 64.71 MPH I got the producer thing and was ment to hand it into the police station forgot all about it with it being christmas and what ever last thing on my mind and I got another letter from the Prosculator Fiscal basically saying they were offering me a condition offer of £60 and a 3 points.. I dont know what is conditional about that is there any way i can get off with this?
nemo
The offer is 'conditional' because certain conditions require to be met before it can utilised as a method of disposing of the alleged speeding offence. For instance, a conditional offer cannot be accepted if the driver has 9 more penalty points at the time of the alleged offence, and the terms of a conditional offer must be accepted within the timescale defined upon the offer itself.

If you do not accept the CoFP / FPN, then the matter is likely to be placed before the PF and you would be liable to receive a citation.

There's no doubting that successfully defiending an allegation of excess speed following a pull by police officers is likely to be very difficult. Unless you can demonstrate a fundamental evidential or procedural flaw, or manage to cast reasonable doubt upon the officers' statements such that the decision to convict would be rendered unsafe, then its likely that conviction would follow. And if the case fell to be decided solely on your word versus that of two serving police officers, then whose evidence would you suspect would be given the greater weight by the court ?
Pete D
If they really have forgotten that you have not shown your documents within the 7 days then I suggest you pay the fine and send your licence off for the points. They could have done you for the HORT1 offence as well. Pete D
The Rookie
QUOTE (Pete D @ Wed, 4 Mar 2009 - 08:49) *
They could have done you for the HORT1 offence as well.


I think what Pete means is that you could still be done for failing to produce whatever documents you were asked to produce, there being no such thing as an 'HORT1 offence' but offences such as failing to produce a licence or insurance certificates!

Simon
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