Speeding points

Guest101

TonyMMM wrote: »

We all have the right not to answer questions, but verbal admissions rarely (if ever) form part of the evidence in speeding cases this is pretty much irrelevant in a case like this.

That's not quite what i meant. But part of it sure. Id never admit liability, as Police now carry CCTV on their person, so can record all encounters.

But specifically, if this wasnt a traffic unit, you can ask questions such as, how was my speed determined. Or if they have a camera, when was it last calibrated (must be at the start of every shift).

If you can bog a case down in legalities, and loopholes, you have a way out.

The opinion of a single officer as to an estimated speed is meaningless. Two officers started to gain substance, so you need to put in reasonable doubt.

Herzlos

Guest101 wrote: »

The opinion of a single officer as to an estimated speed is meaningless. Two officers started to gain substance, so you need to put in reasonable doubt.

I wouldn't bet on that. The single officer just needs corroboration (his speedo), especially when you're so far over the limit any margin of error is negligable. If he/she followed you at 53mph or had to reach that speed to follow you, you'll have a hard time getting out of it.

You can certainly bog them down, but it'll be hard to cast reasonable doubt on something like that. Unless they were stationary without a speed gun.

fart

I don't really have a problem doing say 90 on the motorway, but you deserve to get the book thrown at you for doing 52 in a 30.

Gloomendoom

fart wrote: »

I don't really have a problem doing say 90 on the motorway, but you deserve to get the book thrown at you for doing 52 in a 30.

He might...

When am I likely to receive an immediate disqualification?

When travelling far in excess of the speed limit, there is risk of an immediate ban, based on the speed recorded. Although the Courts around the country have their own local practices, by and large if you are more than 40% over the speed limit, you are at risk of an immediate disqualification, although there seems to be more tolerance when the speed limit broken is 30/40 mph. The length of the ban is again at the Court's discretion, but as a general rule, it will range from 7 to 90 days, depending on the exact circumstances of your case, your personal situation and the quality of the defence/mitigation raised.

Speed Limit Speed Alleged
30 mph In excess of 51 mph
40 mph In excess of 66 mph
50 mph In excess of 75 mph
60 mph In excess of 85 mph
70 mph In excess of 100 mph

Source

Lum

Traditionally camera offices go for limit + 25mph for a Conditional Offer. Limit + 26mph = straight to court, though this may vary given this is an "Officer Witnessed" offence, not a camera offence. Assuming you're in England both types go through the same system so it should be handled the same way, though I'm less sure on this.

The officer most likely advised you correctly and if you do get a CO, I'd pay up as you'll get much much worse in court as discussed above.

Guest101

Herzlos wrote: »

I wouldn't bet on that. The single officer just needs corroboration (his speedo), especially when you're so far over the limit any margin of error is negligable. If he/she followed you at 53mph or had to reach that speed to follow you, you'll have a hard time getting out of it.

You can certainly bog them down, but it'll be hard to cast reasonable doubt on something like that. Unless they were stationary without a speed gun.

Absolutely not, where's the evidence that the officer was doing 53mph, and whther this was to keep up, or catch up.

And speed guns are easy to dispute too, just need to know the policy of use, and find a point that was missed by the operating officer. The evidence becomes unnacceptable, as a burden of proof for the courts.

Johnmcl7

Guest101 wrote: »

Absolutely not, where's the evidence that the officer was doing 53mph, and whther this was to keep up, or catch up.

The evidence is the written statement from the officer detailing how he observed the vehicle travelling at speed and corroborated the excess speed using a calibrated speedometer which will be accepted by the court. The defendant may be able to argue down the exact speed through a newton hearing if they can demonstrate the gap between the police car and theirs wasn't constant but this is only to reduce the penalty.

And speed guns are easy to dispute too, just need to know the policy of use, and find a point that was missed by the operating officer. The evidence becomes unnacceptable, as a burden of proof for the courts.

They most certainly are not easy to dispute and in practice attempting to do so is likely to be an extremely expensive mistake. It's likely the statement provided by the officer or operator will be carefully detailed to match the correct process but even if it isn't, that doesn't mean the evidence is disregarded - the defendant would have to prove that the measuring device was used outwith its type approval which is not likely to be the case.

John

TonyMMM

Guest101 wrote: »

Absolutely not, where's the evidence that the officer was doing 53mph, and whther this was to keep up, or catch up.

And speed guns are easy to dispute too, just need to know the policy of use, and find a point that was missed by the operating officer. The evidence becomes unnacceptable, as a burden of proof for the courts.

Your knowledge/advice is so wrong and out of date - evidencing a speed offence from a following vehicle with a calibrated speedometer is very straightforward ( with maybe a little wriggle room for arguing the exact speed as Johnmcl7 explains) but disputing a reading from an "approved device" is extremely difficult and potentially a very costly approach.

The technical get outs and loopholes that might once have worked were closed long ago, despite what the "bloke down the pub" may try and tell you.

artbaron

fart wrote: »

I don't really have a problem doing say 90 on the motorway, but you deserve to get the book thrown at you for doing 52 in a 30.

In 99% of cases, yes, but not always...
https://www.google.co.uk/maps/preview#!data=!1m8!1m3!1d3!2d-2.578066!3d51.463339!2m2!1f224.29!2f82.44!4f75!2m4!1e1!2m2!1sM9T6UBUQIXs3CkjV1N9GFQ!2e0&fid=5

fart

artbaron wrote: »

In 99% of cases, yes, but not always...
https://www.google.co.uk/maps/preview#!data=!1m8!1m3!1d3!2d-2.578066!3d51.463339!2m2!1f224.29!2f82.44!4f75!2m4!1e1!2m2!1sM9T6UBUQIXs3CkjV1N9GFQ!2e0&fid=5

That's a fair point.