Notice Of Intention to Prosecute. My rights?

jef_leppard

Hi there,

Needless to say i'm quite annoyed for getting flashed at 46mph in a 40 zone on the M42, when I was slowing down from 50mph zone (cruise controlled speed) as the matrix changed to 40!

I was just wondering if I am legally obliged to sign the form which asks for details of the driver of the vehicle?

Any advice on this would be much appreciated.

esmerobbo

jef_leppard wrote: »

I was just wondering if I am legally obliged to sign the form which asks for details of the driver of the vehicle?

Any advice on this would be much appreciated.

Yes and its best to if you accept that you were speeding? Its a fine and 3 points for speeding however its a much bigger fine and 6 points for failing to furnish

Are the cameras on the M42 specs cameras?

46 in a 40 should see you with a SAC if you have not had one within 3 years.

give_them_FA

According to the law the speed limit begins where the sign is. So any deceleration must be done before you reach it. Though I do concur that a high percentage of speed limits are completely inappropriate, that won't be any excuse in law.

Unfortunately you are obliged also to complete the form, even if it amounts to incriminating yourself. That received a challenge under the Human Rights legislation a few years ago, but, for quite ludicrous reasons, it was rejected.

(Driving a car is dangerous so public interest overrides the protection against self-incrimination. However, alleged murderers retain the right not to incriminate themselves. Like, DOH!)

jef_leppard

esmerobbo wrote: »

Are the cameras on the M42 specs cameras?

46 in a 40 should see you with a SAC if you have not had one within 3 years.

Sorry to sound ignorant but I don't know the terminology.
What is a 'specs camera' and 'SAC'?

The camera's are fixed gantry cameras on the stretch of the M42 where the M6Toll meets the M42 - Junction 7 southbound to Junction 3A.

esmerobbo

"Specs" are average sped cameras measures your speed between two cameras. However I have looked and they are variable speed cameras so they change with the matrix!
"SAC" is "speed awareness course" you do a course rather then the fine and 3 points.

http://www.nopenaltypoints.co.uk/speedawarenesscourse.html

The_Slithy_Tove

jef_leppard wrote: »

Hi there,

Needless to say i'm quite annoyed for getting flashed at 46mph in a 40 zone on the M42, when I was slowing down from 50mph zone (cruise controlled speed) as the matrix changed to 40!

I was just wondering if I am legally obliged to sign the form which asks for details of the driver of the vehicle?

Yes, absolutely. It is not an admission of guilt, just an admission of who was driving the car. If you don't supply this information, you are aat risk of 6 points and around £500 fine. If you lie (e.g. try to claim you don't know who was driving), then you start getting into perverting the course of justice, which is even worse.

As for fighting the speeding charge which will follow, get yourself over to pepipoo.com, register, and start a new thread in the Speeding and other Criminal Offences forum. They may be able to help. If the signs did change to 40 (from something higher) literally as you approached them, you may have a case, though I would expect there to be a short grace period (seconds, not minutes) before the cameras enforce a new limit.