BAH! Just got nicked!

Originally Posted by Jamaxx

Update for those of you following my case. (blue, this means you)

Sent off my guilty letter and my means test.

Just read in the paper today that a woman caught doing over 100 on the same stretch of road as me and then caught AGAIN 3 days later doing 52 in a 30 only got 11 points and a 500 note fine.

Now I'm sure its all down to the magistrate on the day etc etc but that seems mighty lenient to me.....

What date were you caught, I still havent heard anything on mine, its been nearly 3 months ?

I wouldnt just put up my hands, say sorry and take it up the rear. There are things you can do. Firstly check if the signs on the road are legal. I have seen speeding cases thrown out because the signage on the road was incorrect, such as a black circle around the speed limit signs which isnt legal.

Check the road confirms to legal standards by checking the signage, go to http://www.abd.org.uk/speed_limit_signs.htm and check the signs are correct, else you could argue against your fine. You could if the road has recently had its speed limit reduced, or even if its been reduced in the past few years write to the council and demand to know what order was used to reduce the limit. Thousands of fines were thrown out because councils were not using the correct order to reduce the limit (it has to go to public consultation first) and I would put money on it there are many more roads where the new speed limit isnt legal because the limit has not been introduced legally.

Secondly you can question the accuracy of the device measuring your speed - There is also a case where the hand held laser guns used by the police have been proven to be inaccurate. Many people have gone to court and won their case because their lawer has proven that the guns are unable to register accurate speeds - for example, in one particular case, the lawer pointed the gun at the wall of the court and the gun returned a speed of 4mph.

This website is also a bible of knowledge for knowing your rights : http://www.pepipoo.com/ read the pages on the law and hidden cameras. The only defence you could have here would be to argue that you were infact doing less speed than the NIP indicates, and that the camera used has been proven to be inaccurate - if there is photo evidence, and any large vehicles passing, this will also increase your chances of a successful case because getting the speed of a motorcycle is incredibly difficult due to lack of reflective surface to reflect the laser (cops point at number plates on cars) and laser scatter will occur and bounce off larger vehicles passing, thus giving an inaccurate speed reading. Gatso cameras have also recently been proven to give inaccurate speed readings though I am guessing we all know where they are.

At the end of the day it all depends how far you want to take it, but the majority of people who fight their case given past evidence usually win.

Originally Posted by Tomcat

What date were you caught, I still havent heard anything on mine, its been nearly 3 months ?

Got my summons about a week after getting nabbed.

Originally Posted by Fizzy Fish

bad luck guys - fingers crossed for you both!

i really find this whole anti-speed thing annoying - in particular on motorways/dual carriageways. OK I'm not saying have no limits, or allow 60mph past schools or something, but a lot of the time they enforce in paces which are 'accident blackspots' NOT due to speed but due to people driving like numpties.

I _would_ say do away with all speed limits altogether. If there is an accident then a judge can decide if your speed was a cause and punish (award points what have you) accordingly. e.g. what harm is there in going at 80 past a school at midnight on Sunday? Doing 30 past it 9am Monday morning is a _lot_ more dangerous.

Originally Posted by Jamaxx

Update for those of you following my case. (blue, this means you)

Sent off my guilty letter and my means test.

Just read in the paper today that a woman caught doing over 100 on the same stretch of road as me and then caught AGAIN 3 days later doing 52 in a 30 only got 11 points and a 500 note fine.

Now I'm sure its all down to the magistrate on the day etc etc but that seems mighty lenient to me.....

Have a look at www.pepipoo.com where there are people who really know what they are talking about regarding fines/penalties/how to get off/when to plead etc.

But from my lurking up to 26 mph over the limit gives 3 point 60 fine, more than that gives 4-6 points and a max fine of 2000, over a ton and a ban is likely. Or I could of course put a link in to a calculator that works out likely outcome properly
http://www.pepipoo.com/Magistrates_guidelines.htm

OK heres the story of my day in court.....

Due in at 12pm, arrived about 1115. Spoke to the usher on arrival, she didn't seem to think I needed to see the solicitor so she took my license away and I took a seat and waited......and waited......and waited......eventually got bumped from one court to another and went in the dock at 145.

Charge was read out, did I understand why I was in court etc etc. The clerk looked like a young version of David Dickinson and I kept expecting him to tell me it was as cheap as chips at some point!

The magistrate asked if I had anything to add, I said that riding a motorbike I know better than most about how dangerous speeding can be, this seemed to go down well so feel free to use it if you ever need to, I also said I needed my bike for work.

End result - 6pts and £245 fine which includes £30 costs and £15 victim surcharge (eh??)

I haven't had to pay any solicitors fees or anything.....

Bit of a result me thinks......

[G]

Not bad that

Originally Posted by Jamaxx

and £15 victim surcharge (eh??)

There is a fund which supports victims/families of people killed/injured in accidents caused by speeding.....I think that is where you £15 goes....could be wrong though.

I got done for going through a national speed limit into a temporary 50 and back into a national speed limit and my average speed was 83mph and thats not that bigger offense seeing as it was a 70mph dual caaridge way but i genuinally missed the temp 50 as when i went back one of the signs had fallen over and the other was slightly hidden by a bush at a certain angle... i got 3 points and a 60 quid fine.... the police were in a undercover bmw (sly b*rstards arent they lol)! Since then ive stuck 5mph under the limit as if i get another 3 cuz im 17 im off the road

Back upto speed on this one (excuse the pun!)

I had my court summons for last thursday, pleaded guilty by post and wrote out a nice paragraph on mitigating circumstances.

I have rung the court today, apparently it has been adjurned until the end of the month, I have to show, and it is to present me with my decretionary ban. I have had legal advise and apprently there are NO guidelines on this, it is purely upto the magistrate on the day, weeks or months .... if it does turn out to be more then 56 days, I will have to retake all my licenses .... gutted does not begin to say how I feel this afternoon

[G]

Originally Posted by Tomcat

Back upto speed on this one (excuse the pun!)

I had my court summons for last thursday, pleaded guilty by post and wrote out a nice paragraph on mitigating circumstances.

I have rung the court today, apparently it has been adjurned until the end of the month, I have to show, and it is to present me with my decretionary ban. I have had legal advise and apprently there are NO guidelines on this, it is purely upto the magistrate on the day, weeks or months .... if it does turn out to be more then 56 days, I will have to retake all my licenses .... gutted does not begin to say how I feel this afternoon

****

That is all