speeding

[tcm]

Re: Oho!

Well, how very intersting indeed. Tho not as intresting as the fact that loads of others are also highly experienced at speeding matters as well as your mate.

 

[wakeup]

I agree with you here Sailbad, in fact I think the around town limit really should be 20mph but they should up the motorway limit to 80mph and bring some sort of balance to the whole thing.

I was done at 5.30am on the M4 doing 99mph on a clear dry road by a marked car with a VASCAR. I was told that I would have to go to court and couldn't have a fixed penalty fine. My solictor told me later that I could have had a fixed penatly but the coppers cleary wanted to inconvenience me. He said it was probably because I was driving a Porsche. I've got to admit they treated me pretty shittly at the time and breathalyzed me three times with their kit and were miffed each time it came back green (I must have been guilty of course at that time in the morning of doing something dishonest, hadn't entertained their brains that there is a group of us in the UK that drive and fly and these times of the morning to do business deals to pay over the top taxes to pay for these tossers) I pleaded guilty and was given 5 points and £450 fine. Nice coppers around Bristol......

Still I maintain a well balanced view of the whole affair, I carry a chip on each shoulder.

I just can't be arsed...

 

[sailbadthesinner]

Re: Agree ? with me

bloody 'elll
in that case i retract everything

its been a whilke since you started a fight. not mellowing are we??
harmony breaking out all over.

Come on brain.get this over and i can go back to killing you with beer

 

[wakeup]

Re: Agree ? with me

Its the new tolerant all inclusive me... the old wakeup was a drunken bum that liked to pick fights with raggies.....

I just can't be arsed...

 

[sailbadthesinner]

Re: oh

just i was developing a soft spot for you, you go and change

well back to speeding
i want to know what matt has been up to
matt you gonna tell us??

Come on brain.get this over and i can go back to killing you with beer

 

[jfm]

Re: amateur legal advice on flashing

If you get a NIP in the post in the next week, come back to the BB before sending it in. How fast were you going? And is the 240 registered in your name or Mr B's, and how many points do each of you already have on yr licences? These 3 Qs are important......

 

[petem]

Re: amateur legal advice on flashing

Got flashed in the face by a camera on the other side of the road on Sunday night. Made me jump but I don't think that a camera will work on oncoming traffic.

 

[hlb]

Re: amateur legal advice on flashing

My son got done. I said. Well tell them you wernt driving. So he did. Then they sent back a perfect picture of him driving the car. So ask for the picture. At least you can frame it and save on photography costs. Might even make a profit.

<font color=blue>
No one can force me to come here.<font color=red> I'm a volunteer<font color=blue>




Haydn

 

[simongoldthorpe]

Re: amateur legal advice on flashing

Now I am told this is an entirely true story, been in the national press etc, etc. So may be apochryphal but so what.

Apparently somewhere near the east coast of Scotland plod are hiding on a corner aiming their speed camera up a long gentle hill and catching all the poor locals on a stretch of road that sees about 6 cars an hour.

All of a sudden the camera starts to register an excessive speed which rapidly goes to over 300mph. At this point the camera goes into a panic, packs up and is then completely useless. A nanno second later a low flying jet fighter swoops over them.

Result: Police very pissed off and, no doubt, some young top gun is laughing his c**k off, but...................

....plod returns to base whingeing to superiors. Chief constable writes very strong complaining letter to Wingco big cheese at local RAF base. Wingco responds telling him that his boys in blue were very lucky because having aimed the camera at the jet it had automatically jammed the radar signal ( hence a broken camera) and locked onto the target with 2 sidewinder missiles.

Not sure if there is a moral in this story, but I would love to have seen Dixon of Gretna Green's face when the full potential horror dawned on him.

 

[jfm]

Re: amateur legal advice on flashing

You're ok if it was a regular gatso camera. They do flash at on coming traffic that enters their path (usualy, when overtaking) but you will not get a tciket for that. The cameras that take infra red pictures (Truvelos) and measure your speed by rumble strips in the road do take pictures of the front of the car however. Get one of these http://www.originbluei.com and Road Angel (dont have url for that), I've tried them all

 

[ArthurWood]

Well, I was "saved" by my radar detector at 110mph on Alligator Alley, last night.

 

[paulineb]

Re: amateur legal advice on flashing

I was going just over 40
it's in Mr B's name
No points

Pxx

 

[nicho]

This happened to me a couple of years ago on the A34 dual carriageway between Newbury and Winchester. It was a Sunday morning at around 07.30: I'd been travelling for around 1&1/2 hours, and I was literally the only car on the road. With mind in 'neutral' and doing an indicated 110mph, I was suddenly 'awoken' by a flash of headlights behind - it was dibble on a well stickered Volvo - "done!" thought I, "bang to rights, this is an automatic ban": I slowed and pulled into slow lane - copper slowed to my now "legal" pace, and wagged a finger vigourously, pulled in front and illuminated a "SLOW DOWN" sign in the back window which I acknowledged with a flash of lights. With that, he was gone, no blue lights or siren, but off at a huge rate of knots. Arn't our policemaen wonderful!.

More recently, I was up in front of magistrates for reaching 12 points in 3 years (Well, 15 points actually, mostly for 69 in 60, 41 in 30 etc). I was banned for 6 months in my absence (I was overseas at the time and unaware of the case date), but given leave to appeal. I hired a really good lawyer, and had the ban overturned and replaced with a £100 fine, oh!, and another 3 points!! Thought I was laughing until I got the lawyers bill for £1300!

Still, it beats a substantial ban. A pal of mine was recently banned for six months (AVERAGED 124 mph over 12 miles in a 60 limit at 05.30 - it took the feds that long to catch him!) - he reckoned that if the 'beak' had offered him the choice of having his wife drive him for 6 months, or have every finger nail pulled out one by one, in hindsight he would have gone for the latter!!

To be honest, my experience in the Courts was very chastening - most of my adult life has been competing/involved in Motorsport, where speed is second nature, but even though I'm back down to just 3 points these days (I got them all in a short period of time, hence they went quickly), I genuinely stick to the lower limits (40/50/60 mph), and creep up to around 80 on motorways. Strangely it really is very relaxing, and is thoroughly recommended for life extension!

 

[KevB]

The Police have 14 days to send you a Notice of Intended Prosecution (NIP). They also get an allowance of a couple of days for the post to deliver it. So if its more than 17days since you were flashed they are too late to prosecute you, unless you were driving a company car, hire car or someone elses car. In these circumstances they are allowed more time to track you down.


Section 1(1) Road Traffic Offenders Act 1988 requires that Notices of Intended Prosecution must be served within 14 days if a prosecution is to be successful. However, s2(3) of that Act provides an escape clause for the police. It says:

"failure to comply with the requirement of s1(1) of this act is not a bar to the conviction of the accused in case where the court is satisfied:-

(a) that neither the name and address of the accused nor the name and address of the registered keeper could with reasonable diligence have been ascertained in time for the notice to be served in compliance with s1(1)"

In the case of Clarke -v- Mould (1945)the police approached what was then the Motor Licences Department (now DVLA) in good time but were given wrong information from the Department which resulted in failure to serve the NiP in time. The defendant argued that because the Department had given out wrong details and the Department were, like the police, a government department, surely he should not be blamed for the police failure to serve. The Court disagreed. The Court said that the police only had to make reasonable and diligent enquiry as to the registered keeper. They did this, therefore they had complied with the rules of the relevant Act at that time. The above has not been challenged and we feel that in the current climate there is no merit in clients pursuing a defence on this basis.

<P ID="edit"><FONT SIZE=-1>Edited by KevB on 25/11/2002 16:34 (server time).</FONT></P>

 

[Forbsie]

Thanks very much for that KevB, since the incident occurred on 22 Sept and the officers took my current address, which is the same as that registered for the car, I will assume that no action is going to be taken.

It was extremely kind of you to provide such a full reply and I would be very keen to provide you with an equally full glass should our paths cross on one of the boards get-togethers in the future.

Gordon

<A target="_blank" HREF=http://www.arweb.co.uk/argallery/forbsie>My Project Pics</A>

 

[tcm]

What a lot of speeding!

I originally posted this as a fishing expedition to just one particular forum member, expecting a very limited response. But it turns out that everyone is guilty as heck! Good reading I must say, and very interetsing!

 

[jfm]

Re: NIPs

All correct. And , if I may just ahem speculate, I mean I haven't done this, the following is also true:

1. if a person were to receive a NIP and mislay it rahter than filling it in and sending back, the maximum points (even if 200mph) is 3points, plus a fine approx equal to the fine that would have been levied if the speeding had been proven. So nothing to lose, some to gain.

2. if prosecuted for non sending back of NIP, and plead not guilty, the court will have to be satisfied the notice was "served on" its addressee. There is a reverse burden of proof (section 1(3)). But the cheapskates use normal mail not rec delivery, for the first one. So if the addressee testified it was not served on him, that will be the only evidence as to whether or not the notice was "served on" him. Thepolice cant offer any other evidence. I mean, the postman wont remember, will he? Assuming person is otherwise a credible witness this will likely that will result in not guilty verdict imho. (There is a deeming clause (Sec 1(2)) that says if doc is sent by recorded delivery or reg post to last known address then the doc is deemed served on the person. But that doesn't apply to normal mail)

This is all just idle speculation on my part. I have not run through this scenario with the country's leading defence lawyer on these matters, or anything like that.......for at least a couple of weeks

 

[david_e]

Re: good lawyers

a close relative is a regular speedster, uses the top beaks all the time. They have him leaving the country and all sorts of other tricks, best one though is having two licences.

 

[jfm]

Re: good lawyers?

Not sure his beaks are that top. Leaving the country (when you dont want to) is hard work. Two licences may work, but risky if found out. Much better to stay in country, one licence, and be found not guilty. And get costs refunded because oppressive, cackhanded prosecution. imho.

 

[ari]

" Subject Re: speeding [re: sailbadthesinner] Post Reply

Posted by nicho (regular)
Posted on 23/11/2002 18:25



This happened to me a couple of years ago on the A34 dual carriageway between Newbury and Winchester. It was a Sunday morning at around 07.30: I'd been travelling for around 1&1/2 hours, and I was literally the only car on the road. With mind in 'neutral' and doing an indicated 110mph, I was suddenly 'awoken' by a flash of headlights behind - it was dibble on a well stickered Volvo - "done!" thought I, "bang to rights, this is an automatic ban": I slowed and pulled into slow lane - copper slowed to my now "legal" pace, and wagged a finger vigourously, pulled in front and illuminated a "SLOW DOWN" sign in the back window which I acknowledged with a flash of lights. With that, he was gone, no blue lights or siren, but off at a huge rate of knots. Arn't our policemaen wonderful!. "

If you were the only car on the road, a dual carriageway, why were you in the outside lane....??