Notice of Intended Prosecution

AdrianC

Rodney_Trotter wrote: »

What's your point?

We aren't taking about inappropriate speed.

If a speed is appropriate for the conditions, then what's the problem with it?

Rodney_Trotter

AdrianC wrote: »

If a speed is appropriate for the conditions, then what's the problem with it?

I think you're just out for an argument on here and about tyres.

Goodbye.

DUTR

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.

As mentioned , you should be fully aware whilst in control of a motorised vehicle on public roads, I do admit I was trying to get home because my son in the car seat was crying and needed his nappy changing.

This may well not be accepted as a reason to let you off

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

As others have mentioned this is not something you should try and use as mitigation.

Obviously I was caught by one the of average speed cameras. How can I argue a case against this?

It's very difficult as they measure the average speed between at least 2 and often 3 points, these are spaced out quite far so unlike a gatso the average speed was consistent over a longish period.

I didn't even know that the limit applied to sundays when there was no one working on the roads.

Again ignorance is no defence, the workmen oftn work during off peak traffic times to reduce inconvenience and risk to injury.

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.

They will decide which route of penalty to take, also note some insurance companies ask if SACs have been taken , some insurers do not increase premium for 3 points on the license.
Although it is annoying to recieve a NIP and what may ensue, sometimes you have to accept that you can and are wrong, not spend energy arguing.
Look at it another way if someone collided into your vehicle or injured your child because it was a Sunday or they simply wasn't aware would that be acceptable to you?
We all speed don't get me wrong, but it does seem as if you are looking for a blag to avoid.

Lum

^^^ If his child was wandering about on the motorway, he's got much bigger problems than cars that have crept slightly above the limit! Of all the places to use the Reverend Lovejoy's Wife argument, this isn't it!

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.

Don't bother writing a letter, it's a waste of your time and will make no difference to how it plays out. Worst case scenario what you write in the letter will be used as evidence in the unlikely event that this goes to court.

The basic process is that when you admit to being the driver, that response goes into a big computer system which will then proceed to the next step. That step has already been decided at this point, and it will be one of Course, Conditional Offer or Prosecute.

It won't be Prosecute as typically you need to be doing 26 over the limit for this.

Conditional Offer you're probably familiar with, 3pts and £60 fine.

The Course option is also based on how much over the limit you were, and thresholds have been rising these last few years with 10%+6mph being quite common (so up to 61mph in your case), though this does vary between police forces.

You may even be able to tell which route has been determined. Some forces use coloured paper (I only know of one that does this, and I don't think the M1 is in their patch) others sometimes put markings such as P, C or S somewhere on the notice, others don't bother since it's all been predetermined anyway.

AdrianC

Lum wrote: »

Conditional Offer you're probably familiar with, 3pts and £60 fine.

£100 these days.

MikeR71

How very timely for me!

Roadworks speeding fines could be overturned

http://www.telegraph.co.uk/motoring/road-safety/10489027/Roadworks-speeding-fines-could-be-overturned.html

Rodney_Trotter

MikeR71 wrote: »

How very timely for me!

Roadworks speeding fines could be overturned

http://www.telegraph.co.uk/motoring/road-safety/10489027/Roadworks-speeding-fines-could-be-overturned.html

What you going to do then, wait for the result of the appeal or respond now?

If his appeal fails you may lose the chance of a course and get points

Jamie_Carter

Rodney_Trotter wrote: »

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

Sorry, but how are you qualified to decide what is or isn't dangerous??


The limit will be in force for various reasons, including: to protect the workforce, machinery on the road without a physical barrier around it, narrower lanes, no hard shoulder, less lanes to carry the same volume of traffic, etc, etc, etc...




The fact that the OP didn't notice the speed restrictions is an indication that they weren't paying attention to their surroundings.

AdrianC

MikeR71 wrote: »

How very timely for me!

Roadworks speeding fines could be overturned

http://www.telegraph.co.uk/motoring/road-safety/10489027/Roadworks-speeding-fines-could-be-overturned.html

No, not really. That case only relates to one specific set of M62 roadworks, and any prosecutions/convictions will only be quashed IF he wins the appeal - he already lost the original case.

You appear to still be in denial.

AdrianC

Jamie_Carter wrote: »

Sorry, but how are you qualified to decide what is or isn't dangerous??

As you've already pointed out several times, the offence he's charged with is not "dangerous driving", or even "careless driving". However appropriate that may actually be. He is only charged with exceeding the speed limit.