I have just received a N.I.P. for exceeding the national speed limit?

Question

it alleges I was doing 93 M.P.H. when in fact my speedo was showing 80 M.P.H. Don't think my word will have much effect in court, so what I need to know, is it just the statuary £60 fine for this offence or is it worth attempting a defence? I don't think I would have been nicked if the reading on the laser gun had been accurate as my speed was within A.C.P.O. guidlines

Answer 1

I think that you should just pay up and put the whole thing down to experience - since even if you were caught on a motorway and you WERE doing 80mph, you were still speeding.  Mounting a defence would cost you far more than the fine - not least because you would have to take at least a day off work if you wished to fight it in court - and I can't really see the point.

Have they offered you a speed awareness course as an alternative to the points?  I avoided three points (which I earned for doing 37mph in a 30 zone that I had thought was a 40) by attending such a course and I have to say that it has made me a safer driver.

For more conclusive advice, you may wish to follow the attached link to a bunch of Google hits for online speeding defence advisory sites:

http://www.google.co.uk/search?hl=en&saf...

However, I would imagine that a lot of those would be commercial operations intent on taking your money.

Answer 2

Just accept the fine and points. My uncle went through the same thing. Apparently, if you attempt to defend this and it is proven that you were in fact speeding (which you have admitted), the judge will take a less than keen eye and may impose a disqualification in addition.

Answer 3

You have the option to fight it and have it taken to court. The case will be tried in front of ideally 3 but possibly 3 magistrates or a District Judge. To say that such people are generally very cynical is an understatement. The summons will allege that you were exceeding the speed limit for the road on which you were driving. There is a presumption in law that the equipment used was working properly and being used properly. That presumption can be rebutted but takes expert evidence. When it comes to your turn to give evidence, on what you say, you will be telling them you were speeding, but not as fast as claimed. That is not a defence, only mitigation. The magistrates may decide still to sentence on your version of events, but will still be imposing points, fining you and ordering you to pay a contribution to prosecution costs.

My advice would be to accept the points and fixed penalty if you have been offered it.

Sorry I cannot be more positive, but what is the point of fighting it when you admit guilt?

Hope that helps

Answer 4

I think it is more likely that your speedo is out. If you think that is the case then I suggest you get it calibrated and fixed if necessary.

If it is working correctly and you are 100% certain that you were doing 80mph (and not just trying it on) then you could challenge the reading on the laser gun. I would presume that the laser was in date for calibrations. Obviously if you went not guilty and were found guilty the fine / points could be increased.

As it stands at the moment you are looking at £60 and 3 points.

Answer 5

For future reference, SLOW DOWN before you kill someone.

Answer 6

80MPH is still over the speed limit in the UK, even with the 10% rule, just pay it, accept the points and get on with it.

Answer 7

first thing u do is ask for the calibration papers of the radar gun because by law they have to calibrated everyday before thay are used.

also note down what the weather was like, was it windy,raining, hot, foggy all these effect the way the radar gun works and effects it;s accuracy. was there cars going faster than you? if so then the radar gun could of picked up tht cars speed as it passed you and you get pinged for it, nit th first time it's happened dude.

next get the service number of the police that used the gun at the time and ask if they were standing when they used the gun, cus if they werent then the reading can be inadmissable as they are taught to use the gun standing.

if they was sitting in the car and took the reading through the window, then this again effects the accuracy.

basically if you go the defence route you have to cast doubt in the court tht the reading's not accurate.