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Full Version: Any Advice Please..First ever speeding Offence 40 in a 30
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amdai
Hi guys,

Last night I offered to collect my friend from the pub, and on the way back I was stopped by 2 officers for doing 40mph in a 30 zone. I know speeding is an offence but I can help but feel cheated. I have had my licence for 10 years and its always been clean, Ive never so much as even been pulled over before!
It was 10pm, It was dark, on a quiet straight residental road. A cemetery one side and a huge park the other... You can see for at least half a mile in each direction from where I was. I certainly didnt expect them to be there!

There was one other vehicle in front of me. I expect everyone says this, but I dont normally speed, being an ex driving instructor, I would say I am a very careful and cautious driver. And I do feel cheated.
The two officers were stood at the side of the road with a hand speed gun. I was wondering if I have any grounds for appeal? I didnt have my drivers license with me so they did a radio check and I have a fixed penalty notice which I have to produce at the station within 7 days.
It would seem the officer dealing with my paperwork, was his first night on the job, he was very nervous, he kept flicking throught his handbook notes on what to do next!? My name on the FPN was spelt incorrectly, and the name of the road is totally incorrect, not just spelt wrong? On section B, documents I have to produce, has been left blank? The offence code is ES2 Laser 122.5 metres. Then I was given my fixed penalty notice and sent on my way. Do they have a copy of this papaerwork they have given me? beacause it seemed I was given everything they recorded?
I would love some advice.

Thankyou all in advance
Grant_W
How many copies of the from did you get?

There could have been a mistake made and they have no records of your stop.

Why do you feel cheated?

Do you dispute the fact you were 10mph (33%) over the speed limit?
johnjo42
I also don't understand why you feel "cheated" given the speed.

You are certainly unlucky in that there happened to be a police car there at the time and also unlucky that they decided to take action rather than letting you off with a warning but 40 in a 30 is really asking for trouble whatever the circumstances.

If you'd been in the 34-38 zone they probably wouldn't have bothered.

Unless you want it to go to Court or to chance your luck on some technicality (the ones you've mentioned won't help) your only other option is to accept the fixed penalty.

JJ
amdai
I only had one copy of the form, but when he ripped it off, i didnt see another underneath? I thought it may have made an impression onto a duplicate form, but i didnt see one.
I would question the accuracy of the equiptment the officers use, when I was travelling behind another vehicle, on a straight road, and they were shooting into the dark at 2 sets of headlights? Im wondering if there was sufficent distance between us to determine that I was speeding and the car infront wasnt? And surely I couldnt have been travelling an extra 10mph more without being up the other drivers backside, which I know I wasnt.

I was not looking at my speedometer, but if I hadnt have been stopped, and then I was asked if I exceeded the speed limit down that particular road, I would have said no.

QUOTE (johnjo42 @ Sat, 22 May 2010 - 10:50) *
I also don't understand why you feel "cheated" given the speed.

You are certainly unlucky in that there happened to be a police car there at the time and also unlucky that they decided to take action rather than letting you off with a warning but 40 in a 30 is really asking for trouble whatever the circumstances.

If you'd been in the 34-38 zone they probably wouldn't have bothered.

Unless you want it to go to Court or to chance your luck on some technicality (the ones you've mentioned won't help) your only other option is to accept the fixed penalty.

JJ


Yes I certainly agree that I was unlucky, and I imagine thats part of the reason I feel cheated. 40 in a 30 is quite a difference, and I know the road like the back of my hand. Thinking about it now, there are 2 sets of traffic islands in the particluar road and like i said it was very dark, and to do 40mph through them seems wreckless, and im not a wreckless driver. But thankyou for your comments, they are much apprciated
Pete D
There were street lights and a close range of 122.5 metres, a clear view was probably easy to gain and a road side pull is the most difficult to defend. The in fact only needed the opinion of the two officers, the laser gun just backs it up. I do not see you have a defence. You mention the road location is incorrect, tell us more about that, although if this went to court the error would no doubt be corrected in court. Pete D
amdai
QUOTE (Pete D @ Sat, 22 May 2010 - 11:19) *
There were street lights and a close range of 122.5 metres, a clear view was probably easy to gain and a road side pull is the most difficult to defend. The in fact only needed the opinion of the two officers, the laser gun just backs it up. I do not see you have a defence. You mention the road location is incorrect, tell us more about that, although if this went to court the error would no doubt be corrected in court. Pete D



Ok thankyou, I see what your saying. The error is 'buck road, sholing' and this should have been 'butts road, sholing'
My vehicle registration mark was not recorded either.
Pete D
I would not consider the spelling error as completely wrong but no registation number is odd. Others may comment but how are the police station going to know if your documents are correct if they do not know what car you were driving. Pete D
amdai
QUOTE (Pete D @ Sat, 22 May 2010 - 11:52) *
I would not consider the spelling error as completely wrong but no registation number is odd. Others may comment but how are the police station going to know if your documents are correct if they do not know what car you were driving. Pete D



I see your point. There is definatlly a gap where it says ' you drove/used the vehicle registration mark...when the offence indicated below was commited.
It is also left blank where it says 'you are reminded that you must produce the documants indicated' no no boxes have been checked?
southpaw82
None of this is a "get out of jail free" card for you. Errors on the fixed penalty will become largely irrelevant if this case was to proceed to court. You could try asking the police to cancel it based on the errors on the ticket but if they don't then you should consider paying it.
amdai
QUOTE (southpaw82 @ Sat, 22 May 2010 - 12:43) *
None of this is a "get out of jail free" card for you. Errors on the fixed penalty will become largely irrelevant if this case was to proceed to court. You could try asking the police to cancel it based on the errors on the ticket but if they don't then you should consider paying it.



I dont wish it to get to the court stage, and i know speeding is speeding, and i know it was unlucky to have been zapped. Up until now, i have held a clean license for over 10 years, and I wanted it to remain that way. thankyou for your reply
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