Caught speeding - first offence

Spicy_McHaggis

Yorkie1 wrote: »

You are wrong.

Section 1 RTOA 1988 says for speeding any one of the following 3 must exist before a conviction may occur:

- a warning was issued that a speeding offence would be considered (this does not have to be in writing, and is what OP says he was told at the time);
- summons served within 14 days; or
- a notice of intended prosecution is served within 14 days.

There is no need by law for a formal NIP to be issued at the scene because the verbal warning suffices under s.1(1)(a).

http://www.legislation.gov.uk/ukpga/1988/53/section/1



If he was doing 90 mph it would be a Band A fine & 3 pp. If it was 91-100mph, then Band B fine and either 4-6 pp or disqualify 7-28 days (sentencing guidelines).

Which is basically a nip as there is in law no written wording of what has to be said. A fixed penalty that the offender disposes of and doesn't pay can be argued is a nip.

Being stopped and told speeding carries a £100 fine and 3 points is not enough unless he is at the time informed he is being reported for the offenc.

The TORs take the decision of disposal away from the officer, but I'd guess the OP was given a copy.

brat

Spicy_McHaggis wrote: »

Yes, correct my head was in the 'I didn't see the camera van' mode. Speeding still needs a nip wether you're stopped at the time or not and as far as I know being told a likely outcome ie three points and a fine isn't a nip.
He made no mention of being served with the paperwork at the time or have I missed that?

If you get an endorsable fixed penalty ticket at the scene (not so many of those around anymore) the officer doesn't have to give an NIP.

Most speeding offences these days are dealt with by a 'Traffic Offence Report' - a form with details of the offence which is sent to the central ticket office for them to deal with via their various disposal options. Because this is not a fixed penalty ticket, the NIP has to be given at the time or within 14 days.

Spicy_McHaggis

brat wrote: »

If you get an endorsable fixed penalty ticket at the scene (not so many of those around anymore) the officer doesn't have to give an NIP.

Most speeding offences these days are dealt with by a 'Traffic Offence Report' - a form with details of the offence which is sent to the central ticket office for them to deal with via their various disposal options. Because this is not a fixed penalty ticket, the NIP has to be given at the time or within 14 days.

I don't disagree #32.

bartelbe

Sorry if you had to speed upto 90mph to overtake, then the cars in front of you were not going that slow.

To be frank the enforcement on motorways seems pretty fair, there are plenty doing 80 who don't get pulled, but you broke the speed limit by a big margin.

Basically pay up, take the points, don't do it again.

PeacefulWaters

If I've done my maths right, it takes 20 seconds to travel half a mile at 90mph.

I think it's perfectly reasonable to assume you were tracked for at least this period, given that you were overtaking several cars.

You've not indicated any reason that would persuade a magistrate to accept a not guilty plea.

Take this to court and you'll most likely end up with 4-6 points and a fine of around 17 days wages. It really isn't worth it. Pay up your £100 and understand that the best way to avoid it in future is to drive slower.

Price up the court outcomes:
http://www.ukmotorists.com/speeding%20fines2.asp

On the bright side, I got a speed awareness course after being stopped for doing "98-100mph" on the A1(M). I reckon this might be a record for escaping with SAC. I'll not push my luck to that limit again.

premiumz

dearlouise wrote: »

20mph over the speed limit... and you're complaining about 3 points? Go to court & annoy the magistrate with your whining, you'll probably come out with 6 & £250 for wasting their time.

Man up and accept the sanction. You did the crime!

Seriously? These are the kind of responses you are offering to someone asking a question here?
I'm hardly on my hands and knees begging for forgiveness! I have said I will take the fine and points and learn from it. I just wanted to know if there was any ground for someone who has not offended before. (I was wrong) You have all made that clear. I am not crying my eyes out. I will take the fine and points. Case closed.

harveybobbles wrote: »

The fact the OP refered to the outside lane as "the fast" lane is a clear indicator of how stupid they are.

Take the points.

Pay the fine.

referred**

AdrianC

premiumz wrote: »

someone who has not offended before.

Not offended? Or not been caught...?

matttye

AdrianC wrote: »

Not offended? Or not been caught...?

Irrelevant to the current situation.

dearlouise

premiumz wrote: »

Seriously? These are the kind of responses you are offering to someone asking a question here?
I'm hardly on my hands and knees begging for forgiveness! I have said I will take the fine and points and learn from it. I just wanted to know if there was any ground for someone who has not offended before. (I was wrong) You have all made that clear. I am not crying my eyes out. I will take the fine and points. Case closed.

referred**

No, clearly you just haven't been caught before.

brat

premiumz wrote: »

Seriously? These are the kind of responses you are offering to someone asking a question here?
I'm hardly on my hands and knees begging for forgiveness! I have said I will take the fine and points and learn from it. I just wanted to know if there was any ground for someone who has not offended before. (I was wrong) You have all made that clear. I am not crying my eyes out. I will take the fine and points. Case closed.

I don't think that most people believe your story, (I don't), which is why they are unsympathetic to your plight.