Notice of Intended Prosecution

Rodney_Trotter

jase1 wrote: »

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

No it's not.

Rodney_Trotter

londonTiger wrote: »

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.

What workmen?

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.

Aretnap

The speed limit applies at all times of day, unless it's a variable limit with signs that change to show different limits. It's slightly annoying having to stick to it when the road is quiet and there's nobody working, but life is full of slightly annoying things.

Speeding is a strict liability offence so the fact that you didn't realise you were speeding makes no difference to your guilt or innocence. Arguing that you were distracted wile driving won't help and if anything would make it worse.

You can't argue for a course as such, but one will be offered automatically when you reply to the NIP if you're eligible, which you will be for 58 Iain a 50, assuming you haven't done one in the last 3 years.

scotsbob

MikeR71 wrote: »

But as I say I didn't notice that I was breaking the speed limit.

Better not to mention this if you want to argue.
You don't want to have to cope with driving without due care and attention thrown in as well

Rodney_Trotter

scotsbob wrote: »

Better not to mention this if you want to argue.
You don't want to have to cope with driving without due care and attention thrown in as well

He can mention what he likes after 14 days.

jonnyd281

Rodney_Trotter wrote: »

What workmen?

Don't forget that even if the workmen aren't there, the lanes will be narrower than normal, and in all likelyhood there will be no hard shoulder.

MikeR71

Thanks for all the advice.
It was a sunday and I didn't see any workmen or work going on although clearly they are widening that road on a week day. It was one of these yellow average speed cameras that must have caught me.

I just don't want the points and will own up. I just wondered whether I should include a letter asking for a course when I send them the NIP back.

AdrianC

MikeR71 wrote: »

I do admit I was trying to get home because my son in the car seat was crying and needed his nappy changing.

A lousy excuse, and you're rapidly talking yourself up from exceeding the speed limit, through careless driving, to dangerous driving, imho. With that serious a distraction in the car, you should be stopping at the first opportunity to sort it out. You're freely admitting that it was serious enough for you to be unaware of your driving and your surroundings.

A few years ago, somebody fed me that self same excuse, reckoning it wasn't their fault that they'd reversed out of my neighbour's drive straight into the side of my parked car, which they "hadn't seen was there". They hit it hard enough to move it sideways, stopped only by the kerb.

They soon backed down when I pointed out that if the car hadn't been there, they'd have gone straight through the front wall, and gawd help anybody who happened to be walking down the pavement at the time.

Send the NIP back, accept either the FPN or course if they offer it to you - entirely their choice, and you can do nothing to influence it - and be thankful that it wasn't a police car behind you with the lights on, because you probably wouldn't have seen that either. If you "just" get the points, then accept that you deserved them and more, fair and square.

Rodney_Trotter

jonnyd281 wrote: »

Don't forget that even if the workmen aren't there, the lanes will be narrower than normal, and in all likelyhood there will be no hard shoulder.

Yeah down to 10 feet from 12. But I posted in response to londonTiger stating there was still a danger to workmen

Rodney_Trotter

MikeR71 wrote: »

Thanks for all the advice.
It was a sunday and I didn't see any workmen or work going on although clearly they are widening that road on a week day. It was one of these yellow average speed cameras that must have caught me.

I just don't want the points and will own up. I just wondered whether I should include a letter asking for a course when I send them the NIP back.

No just respond naming yourself and they will most likely offer you a course which is about £80 tickets are now £100.

Some forces use different coloured nips giving you an indication as to whether you'll be offered a course.