Notice of Intended Prosecution

MikeR71

Hi all,
So I come home this evening to one such a letter from the police. Apparently, on Sunday the 5th of Jan I was doing 58m on a limited 50mph stretch of M1 which is being widened. Although I did slow down because of the temporary 50m limit due to road works, I never noticed I was speeding. I do admit I was trying to get home because my son in the car seat was crying and needed his nappy changing. But as I say I didn't notice that I was breaking the speed limit.

Obviously I was caught by one the of average speed cameras. How can I argue a case against this? I didn't even know that the limit applied to sundays when there was no one working on the roads.

In any case, can I argue for a course and pay the fees rather than get the points or is that out of my hands? My driving license is clean.

Stooby2

You acknowledge the NIP and choose to go to court and explain to a magistrate.
However, they will treat your lack of knowledge of the Highway Code with disdain and they've heard the screaming kid excuse a thousand times before - genuine or not - and won't be interested.

However, if you accept your mistake, for that speed you'd most likely be offered one of the speed awareness courses - no fine or points. But you still need to acknowledge the NIP.

Rodney_Trotter

MikeR71 wrote: »

Hi all,
So I come home this evening to one such a letter from the police. Apparently, on Sunday the 5th of Jan I was doing 58m on a limited 50mph stretch of M1 which is being widened. Although I did slow down because of the temporary 50m limit due to road works, I never noticed I was speeding. I do admit I was trying to get home because my son in the car seat was crying and needed his nappy changing. But as I say I didn't notice that I was breaking the speed limit.

Obviously I was caught by one the of average speed cameras. How can I argue a case against this? I didn't even know that the limit applied to sundays when there was no one working on the roads.

In any case, can I argue for a course and pay the fees rather than get the points or is that out of my hands? My driving license is clean.

What do you want to argue?

Netwizard

Didn't notice you were speeding isn't really an excuse. I'd pay up and pay more attention in future

Paradigm

You must identify the driver within 28 days, failing to do so is a seperate offence & carries a 6 point endorsement + a large fine.

At 58 in a 50 you will likely be offered a speed awareness course, if run in your area.

londonTiger

Didn't notice I was speeding is one move away from didn't notice him/her/it on the road.

We all speed but if you're not smart enough to spot a mobile parking van, speed markings, barrage of camera warning signs etc then you're not paying enough attention on the road. I'm a prolific speeder but I always slow down before a speed trap.

Rodney_Trotter

londonTiger wrote: »

Didn't notice I was speeding is one move away from didn't notice him/her/it on the road.

We all speed but if you're not smart enough to spot a mobile parking van, speed markings, barrage of camera warning signs etc then you're not paying enough attention on the road. I'm a prolific speeder but I always slow down before a speed trap.

There is no mention of a camera van by the OP.

jase1

londonTiger wrote: »

Didn't notice I was speeding is one move away from didn't notice him/her/it on the road.

This.

"Accidental" speeding is worse than willful speeding, because it defines the speeder as not paying attention. That is more dangerous than the speeding itself.

Rodney_Trotter

jase1 wrote: »

This.

"Accidental" speeding is worse than willful speeding, because it defines the speeder as not paying attention. That is more dangerous than the speeding itself.

58 on a motorway isn't dangerous and not necessarily an indication the driver isn't paying attention to their surroundings.

jase1

Rodney_Trotter wrote: »

58 on a motorway isn't dangerous and not necessarily an indication the driver isn't paying attention to their surroundings.

58 in a 50 may not be dangerous, but not knowing you're doing 58 in a 50 is potentially indicative of careless driving.

londonTiger

50 speed limits are ususally in place when a lane is blocked out for road widening as OP states. There is a liklihood that workmen may be working on that lane. Even I would reduce my speed to 50 during these times. One puncture may send the car out of control and swerving into the workmen.