Hello all, new to this forum and just after some specific advice really:
Got an NIP back in June after being allegedly caught by the M6 toll/M42 southbound junction 9-7 variable speed gantry. It asked for confirmation of driver which I provided as only my wife and I are named drivers on the car. Was rather annoyed as I remembered the day I was travelling, it was middle of the day empty road and good weather and I had no recollection of a reduced speed limit on the gantry. It said I was doing 66mph and limit was 40mph. Sent the form off and heard nothing until last week when I received a summons to appear in court in December.
Since then I have done some research as clearly the implications of this are not good - potentially 6 points and even possibly a ban. From reading this forum it appears this section of motorway is notorious - I note the similar case of another member here (Turtle82) http://forums.pepipoo.com/index.php?showtopic=37068&st=0
He appeared to win by default and it is not clear as to whether his not guilty eveidence would have stood up or not as the CPS appeared to back off on the day in court.
My circumstances are: 44 years old, driving for about 26 years. I got 3 points for speeding in a 30mph zone by a mobile camera 3 years ago, otherwise an unblemished record. Last accident that was my fault was so many years ago I can't remember when.
I emphatically do not remember seeing a reduced speed sign on this road. In the picture of my car there is only one other car visible (road is empty) and he is alongside me doing the same speed so I would imagine he got 'done' too. My brake lights are not on and my speed of 66mph would indicate I was probably travelling at what I thought was a legal 70mph.
The NIP came within a few days of the alleged offence.
I intend to do as Turtle82 did and ask for further info about the cameras from the police and highways agency via the freedom of information act - this may or may not influence my decision on how to plea - depends what I get back I guess. I have spoken to 2 lawyers who have both quoted a similar amount to represent me for a non guilty plea. Both have advised it would not be prudent not to have a lawyer present under those circumstances which probably sounds about right to me. However, one of those lawyers also offered to represent me under a guilty but with mitigating circumstances plea to attempt to get the points/fine reduced. This would be roughly half the fee.
My question is twofold really - firstly, does anyone know of any cases other than Turtle82's that have won under the circumstances that he was intending to fight it (as would I)?
Alternatively, if I do not find that I can present good enough evidence to go down the 'not guilty' route, do I really need a lawyer to represent me if I choose the 'guilty but with mitigating circumstances' route? (It is after all still very expensive!). I am reasonably coherent, look respectable in a suit and would argue that being self employed and also an employer I really need my licence (with as few points on it as possible) to carry out my work (which is correct), other people rely on me employing them, my previous record is pretty good, I believe the 66mph I was doing is only 1mph over the threshold into 6 points, considering the speed I was doing I was clearly under the impression I was travelling at 70 quite legally etc etc?
Any advice gratefully received as I need to move on this fairly soon. Thanks!