yesterday
i was stopped by an unmarked police car not traffic cops, they cuaght me access of 100mph, they had a green lcd screen in their car which showed this speed, i denied it and they gave me a producer and said i will recieve a summons through the post.

what you guys think can i get away with it. or do just admit it??
i had a faulty instrument cluster which i can give proof as it's been replaced
but gotaa say they were intimidating behind me trying to catch my speed without just stopping me and giving me a warning.
i just thought it's a boy racer behind me trying to catch me.
they give it to me they were going well over 100mph and still couldent catch me up.

what you think?
will i get a baaaan?

also i wasen't given any paper to sign or anything just gave me a producer to produce my mot and insurance licence to the police station, but nothing for speeding. does he have to give me somthing for speeding? Just told me you will recieve a summons. can he do this.

Can i deny in court it wasen't me driving?

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - August 2009
Date of the NIP: - 18 days after the offence
Date you received the NIP: - 160 days after the offence
Location of offence (exact location as it appears on the NIP: important): - essex
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? - side driver
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - driving down a dual carriage way 70mph zone, was going fast, car was pretty new so you can't really tell what speed you are doing and also it waS 1:30AM SO NOT MANY CARs on the road to really compare. anyways was doing i think about 130mph but then again my instrument cluster was faulty which i found out later the next day which has been replace and i have reciept of it bieng faulty, anyways while driving about 90mph i saw a BMW coming fast behind me intimidating me so i pressed the gas and went over probably 100mph to which they recorded me as doing 115mph and later in their car they said they were doing 130mph and still couldent catch me but they couldent record that on their screen.
they asked for my licence to which i didn't have so they checked everything on their system everything matched asked me why i was doing this speed i denied it at first and also said if i was doing this speed then i truely coulden't feel it, anyways they gave me a producer which was ticked offence on their and told me you will recieve a summons through the post.

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - No
As you were not responsible for the vehicle, somebody else has named you as the driver. Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

• The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.
  
  You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Tue, 02 Feb 2010 14:10:55 +0000

Hi all
Just recieved a summons for speeding,
i was driveing in a 70mph zone, police clocked me on their vascar lcd at 110mph, they wrote they were driving upto 140mph and had no gain on me in a un marked car.

now my question is they were chasing me without their blue lights on, is this ok?
can i use this in my mitigating circamstances?
i had a faulty speedo which was replaced 2 days later after the incident, i have the reciept.
if they had those blue lights on then i dont think this would have all happened.
it was late at night very few cars so couldent really judge with other cars and also the car i was in you can't really tell what speed you are doing at top ends it's very smooth but i surely not those speeds the cops saying.

in the police statement i recieved he also lied that i said nothing when asked i was speeding, i clearly told him i wasen't but in the statement he reckons i said nothing, he also damaged my door by oppening it very roughly and hit the side barrier?

should i plead guilty that i admit driving over 70mph but not over 100mph and if i did then thats to do with a faulty speedo,and explain everything?
or do i not plead guilty?
i don't have long left

please help me out

Yes.



How? It doesn't mitigate anything.



That's an offence too.



You mean if you knew the police were there you'd not have been speeding?

You could plead guilty and try for a Newton hearing to get your speed down a bit.

obvoiusly i didn't know i had a faulty speedo, it was checked on vagcom which came up with an error he replaced the sensors but still showing wrong readings on the speedo so then he replaced it which cost me a lot.

now the officer is saying he was doing 140mph which i think is a bit over the top.

what is a Newton Hearing?

The point really is that you can't use "my speedo was faulty" as mitigation - it's something that must be working (whether you know it is or not) and you'd be on dodgy ground trying to use it to mitigate your offence.

A Newton hearing is where you admit the offence but dispute the facts - in this case that you were doing the speed stated (but you admit you were in excess of the limit).

To the eggberts here - what device is this likely to be? Could be used against the OP in court?

ok
how do i apply for a newton hearing?
i could have been doing that speed but due to me faulty speedo which i only found out it was faulty 2 days later it was not showing over 90mph, but it did feel fast.But it is very hard for me to believe i was doing 140mph,

also isant it illiegal for police to go at such speeds without their blue lights in an unmarked car? it's like they are not trying to prevent an accident but just trying their best to clock my speed.

No.

Or trying to catch you...

i've already got the summons, so how do i apply for a newton hearing??

can't i just admit the offence and plead guilty but under mitigating cir-----, write i was not aware of the speed as i had a faulty speedo which was out by about 50mph, and sent reciept and even maybe a letter from the garage i got it done from.

for god'sake the speedo is a electrical circuit board, how in the monkeys am i supposed to know it was faulty, the needle was moving but obviously not as quick, it's just randomly i put in vagcom to check error codes to which i saw a speedo sensor, took it to a garage to double check it and it was replaced the next day as it had tobe ordered.

yes you can but it wont get you any where but the bus home, forget the dodgy speedo it wont help you, in fact it stops you from disputing the speed at all


you send your plea in with a letter saying, you were speeding but contest you were only doing, for arguments sake 95, if they accept that as true or cant be arsted arguing, they you should get points and not a ban

Bob - you will be trying the imagination of even the most benevolent magistrate if you claim you cannot tell the difference between 70 mph and 100/110-/140 mph without the need for working speedo. I've travelled at all these speeds (and more) and doubt the NSL is very, very obvious..................

first of all much appreciated for all you help.

ok if your saying this won't work in court. i could plead guilty of speeding but at least say i also had a faulty speedo which was indicating i was just below 100mph and not 140mph. and provide proof of it bieng replaced instaed of just pleading guilty to 140mph. Also bearing in mind it was 1:30am so there wern't many cars on the road at the time.
also the officer clocked me at 110mph but when trying to chase me his speedo was readin 140mph, in the court will they go with 110mph or what the officer's speedo?

what would be the punishment you reckon for driving this fast bearing in mind my job depends on driving and i also look after a disabled grandmother who i often have to take to hospital appointments often.

Thanks Again

I think this falls under the heading of "perverting the course of justice" - that is a strict no-no on this site and no-one will give you any advice on that course of action (especially as you clearly were driving). Personally I think you would be very silly to try that on and could land yourself in very hot water if you try.

Actually it would be perjury.

i woulden't do that, it was just a thought at the beggening but i would never ever want to do somthing like that even if someone said it would be ok.
but my question is:

ok if your saying this won't work in court. i could plead guilty of speeding but at least say i also had a faulty speedo which was indicating i was just below 100mph and not 140mph. and provide proof of it bieng replaced instaed of just pleading guilty to 140mph. Also bearing in mind it was 1:30am so there wern't many cars on the road at the time.
also the officer clocked me at 110mph but when trying to chase me his speedo was readin 140mph, in the court will they go with 110mph or what the officer's speedo?

what would be the punishment you reckon for driving this fast bearing in mind my job depends on driving and i also look after a disabled grandmother who i often have to take to hospital appointments often.

Thanks Again

I suspect they would go with the 110, the speed they were going to catch is not relevant. As everyone else has told you, the suspect speedo will not help you.

I would imagine you will get a short ban, possibly up to 56 days or so. Check here:

they would give me a ban even though my job depends on driving and also have a sick reletaive?

The sick relative may help you, however the job doesn't (unless you can show how loss of the job would adversely affect others).

if the court accept this and don't give me a ban whats the max points i can get for this offece, the table you sent says 6points but can they give 9 points?

6 is the max for speeding.

Bob, seeing as everyone else has already told you, but you seem to have missed it, forget the speedo fault. It is another offence they can charge you with and does not help you with the speeding charge.

I may have missed something here but, You were clocked at 110mph, the police did 140mph to catch up to you then pace you at 110mph. Assuming this is right.

The summons is for you travelling at excess speed @ 110mph on a motorway. if you push the speedo not operating accurately then there is a chance you will at least get a penalty for this offence under con and use or worse careless driving as you should have sufficient road sense to tell the difference between 70 and 110mph.

and yes they can and may ban you for 110 mph even if your job depends on it. Depending on your company you many be able to sort something out (unpaid leave, other tasks etc.. ) I expect a ban would be in the region of 28 days IMO

Are you suggesting the court would convict him and sentence him for offences that don't appear on the summons?

i am not saying that i thought i was travelling at 70mph, my speedo was showing somwhere around 90mph, but not 110mph .

another question, on the summons the officer has written and i quote 'my speedo was reading 140mph, and just about had gain on him' and he underlined this 140mph.
but he clocked me on the vascar at an average speed of 110mph, wouldent the judge see the offence as above 140mph as the officers speedo read this??
i had 2 passengers in the car too, would this help?
can the passengers act as 2 witnesses?

I'd imagine the court will take your speed at 110 mph. What do you want your two friends to be witnesses to?

i will plead guilty but say that as far as my speedo it was doing about 90mph, it turned out that the speedo was faulty when checked by an auto electrician who replaced it with a new one and provide the reiept with the guilty plea i send.
this is the truth
dont you think this would help me more than just to plead guilty and and admit i was doing 110mph which i truely thought i wasen't.

how can the court charge me for having a faulty speedo, how was i supposed to know it's faulty???
as far as i know i didnt even know it was faulty i went thorough many speed cameras and nothing happened maybe it goes out of callibaration at a higher speed.
you trying to say if someones brakes fail and has an accident they will blame the driver, come on.,

bob for the last time forget the bloody speedo, its not going to help you

either plead guilty and beg, and get a month or so ban

go for a newton hearing and if successfully get 6 points

or go not guilty, put them to proof and hope the two police officers are abducted by aliens

Not that it has anything to do with your case but you can be convicted of having a faulty speedo without any knowledge of it being faulty. There's no need to prove you knew it to be faulty at all.

As jobo says, forget the speedo!

There's a big difference between 90mph and 110mph (average speed too). As others have said, your pretty much banged to rights to be honest. There's also a bigger difference between 70mph (the legal limit) and 110mph too, 40mph over.

You could try for a Newton hearing, but on a VASCAR check (they are traffic cops if VASCAR was used) for an officer to be 20mph out, would be a difficult margin of error for even Nick Freeman to argue!

If the VASCAR is admissible.

Ha ha, well that's a whole new argument isn't it.

The CPS seem to think so.

ok guys, trust you on this, won't mention the speedo and just plead guilty and hope they don't give me a ban. As my work depends on it