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pepipoo73
Hi all, love the site and the valuable advice and contributions people offer so now its my turn please.....please forgive the length of this i have tried to be as concise as possible.

I received a summons in the post today to appear in court in 4 weeks time for the offence of failure to comply with double white lines. This wasn't news to me however I had hoped the whole event had been lost in the system.

Anyway a little backgorund: Back in April i was out on my motorcycle when i was stopped by an undercover office in the middle of a roundabout who had got out from his unmarked car, he told me not to make off and to pull over where he wanted to talk to me about my riding. It transpires i was followed by un-marked police vehicle (now transpires to be the very un-police looking 250cc that followed me) for the last mile or two who allegedly saw me cross DWL's. I asked at the time to see the evidence as i'm normally 100% compliant with the lines (I do overtake but keep within the nearside line) and this is what believe to have done on this occassion.

He said he couldn't share the evidence but through radio contact the other officer confirmed i crossed the lines. I was offered a FPN which i declined so was cautioned etc. At this point i made it clear i know i had overtaken 2 or 3 vehicles but was pretty sure i hadn't crossed the lines, i also explained to him the first was an uncovered skip lorry containing hardcore that i didn't fancy following for the next mile or two - to explain, this is a 60 mph limit straight section of road with clear visibility - my lane is single lane and the opposite lane is two lanes with an 6-8ft chevron area between the DWL and the oncoming traffic on the other side of the road.

Anyway i stuck to the speed limit the whole mile or two which was very lucky as it turns out given the unmarked bike had provida calibrated equipment on board.

The summons paperwork today contains a DVD from the bike that followed me, 2 witness statements from the officers, and i guess all the usual paperwork. I intend to plead guily by post as the DVD clearly shows me crossing the DWL when passing the skip lorry so hands up - just bad judgement on my half and bad luck to be seen and caught.

I do however have a few of questions

1) the officer who stopped me said in his statement that i made no comment after being cautioned which simply isn't true. Do i need to challenge that?
2) the officer who followed me on the undercover bike makes reference to being aware of a bike travelling "at speed". Whilst not untrue in that i ws travelling at "a speed", it implies in his very first sentence of his statement that i was giving it some which isn't true, and is validated by his recording of my riding for the next mile or two which shows me at 50-55 in a 60 mph limit.
3)If i pleased guilty by post, will they still watch the DVD in court as i think this (apart from actually braking the law) shows everything else about my riding to be of a good standard (observation, speed, road position, distances etc)
4) Is it worth putting a mitigating statement together - what will that actually buy me if the video actually shows me crossing the lines - surely black is black and white is white isn't it - could it reduce the fine however?
5) could i now ask for a FPN - my point being that had i of seen the video at the side of the road i would certainly of accepted it at the time.
6) Is the fine going to be painful given i earn circa twice average wage?

Just for info - 17 years blemish free record - car and bike licence holder.

Thanks for any words of advice or wisdom here - I just want to do the right thing here but minimise the impacts where possible.


jobo
no you cant go back to an FPN

its three points and i think? .75 of you net pay, minus a third for an early plea and i think there a first offence discount as well, so not that baD

THERE NOT MUCH POINT DOING ANYTHING BUT WRITE A GROVELLING LETTER TO THE COURT SAYING SORRY, no they wont show the vid in court
Logician
Yes, you are not being charged with speeding or any other offence so no point talking about it. A short grovel and a guilty plea is what is needed. Say by all means that the reason you did not take the fixed penalty is that you thought you had not crossed the lines but now see you did. Fine should be 50% of net weekly income (can be 25% to 75%) less one third for pleading guilty, prosecution costs of about £65 and £15 surcharge.
yen_powell
QUOTE (pepipoo73 @ Sat, 7 Aug 2010 - 22:35) *
to explain, this is a 60 mph limit straight section of road with clear visibility - my lane is single lane and the opposite lane is two lanes with an 6-8ft chevron area between the DWL and the oncoming traffic on the other side of the road.
Do you mean there were chevrons on one side of the double white line system, or that the stripes were in between solid white lines? Do you have a picture of the lines in question?
pepipoo73
Hi, here is a copy of the road in question......thanks for all the advice so far.

I'm assuming this road layout makes for no difference at all?

Cheers

andy_foster
Were there 'throwback' arrows before the double white lines and chevrons?
pepipoo73
yes, 2 arrows as you come off the roundabout which is about 20 feet back from that google image.
pepipoo73
Hi, can anyone give me some useful tips regarding absolute yays and nays to put in my mitigating statement please? I went to write this and didn't even know where to start, let alone how to address the letter (your honour, sirs, the court?) want to get this done and plead guilty as early as I can so any help is very gratefully received.
southpaw82
A bench of two or more lay magistrates are collectively "Your Worships" and individually "Sir" or "Ma'am". A single District Judge (MC) is "Sir" or "Ma'am".
pepipoo73
For completeness I thought i would just add the outcome of the court case.

I pleaded guilt by post with a letter of mitigation. In summary, the letter basically admitted guilt, apologised, and explained i would have accepted the FPN at the roadside if i had been shown the evidence at the time.

Anyway, I received the 3 points and a £100 fine. The fine is obviously much lower than they could have passed given I submitted net weekly income of > £700 so generally pleased with the outcome.

Thanks for all the advice.



Roverboy
Is that £100 + costs+ victim surcharge or £100 all in ? Sounds like you got off very lightly, well done.
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